Sec. 3608. CHOCTAW NATION OF OKLAHOMA AND THE CHICKASAW NATION WATER SETTLEMENT

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## SEC. 3608 CHOCTAW NATION OF OKLAHOMA AND THE CHICKASAW NATION WATER SETTLEMENT ###

(a)Purposes The purposes of this section are— ####

(1)to permanently resolve and settle those claims to Settlement Area Waters of the Choctaw Nation of Oklahoma and the Chickasaw Nation as set forth in the Settlement Agreement and this section, including all claims or defenses in and to Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11-927 (W.D. Ok.), OWRB v. United States, et al. CIV 12-275 (W.D. Ok.), or any future stream adjudication; ####

(2)to approve, ratify, and confirm the Settlement Agreement; ####

(3)to authorize and direct the Secretary of the Interior to execute the Settlement Agreement and to perform all obligations of the Secretary of the Interior under the Settlement Agreement and this section; ####

(4)to approve, ratify, and confirm the amended storage contract among the State, the City and the Trust; ####

(5)to authorize and direct the Secretary to approve the amended storage contract for the Corps of Engineers to perform all obligations under the 1974 storage contract, the amended storage contract, and this section; and ####

(6)to authorize all actions necessary for the United States to meet its obligations under the Settlement Agreement, the amended storage contract, and this section. ###

(b)Definitions In this section: ####

(1)1974 storage contract The term “**1974 storage contract**” means the contract approved by the Secretary on April 9, 1974, between the Secretary and the Water Conservation Storage Commission of the State of Oklahoma pursuant to section 301 of the Water Supply Act of 1958, and other applicable Federal law. ####

(2)2010 agreement The term “**2010 agreement**” means the agreement entered into among the OWRB and the Trust, dated June 15, 2010, relating to the assignment by the State of the 1974 storage contract and transfer of rights, title, interests, and obligations under that contract to the Trust, including the interests of the State in the conservation storage capacity and associated repayment obligations to the United States. ####

(3)Administrative set-aside subcontracts The term “**administrative set-aside subcontracts**” means the subcontracts the City shall issue for the use of Conservation Storage Capacity in Sardis Lake as provided by section 4 of the amended storage contract. ####

(4)Allotment The term “**allotment**” means the land within the Settlement Area held by an allottee subject to a statutory restriction on alienation or held by the United States in trust for the benefit of an allottee. ####

(5)Allottee The term “**allottee**” means an enrolled member of the Choctaw Nation or citizen of the Chickasaw Nation who, or whose estate, holds an interest in an allotment. ####

(6)Amended permit application The term “**amended permit application**” means the permit application of the City to the OWRB, No. 2007-17, as amended as provided by the Settlement Agreement. ####

(7)Amended storage contract transfer agreement; amended storage contract The terms “**amended storage contract transfer agreement**” and “**amended storage contract**” mean the 2010 Agreement between the City, the Trust, and the OWRB, as amended, as provided by the Settlement Agreement and this section. ####

(8)Atoka and sardis conservation projects fund The term “**Atoka and Sardis Conservation Projects Fund**” means the Atoka and Sardis Conservation Projects Fund established, funded, and managed in accordance with the Settlement Agreement. ####

(9)City The term “**City**” means the City of Oklahoma City, or the City and the Trust acting jointly, as applicable. ####

(10)City permit The term “**City permit**” means any permit issued to the City by the OWRB pursuant to the amended permit application and consistent with the Settlement Agreement. ####

(11)Conservation storage capacity The term “**conservation storage capacity**” means the total storage space as stated in the 1974 storage contract in Sardis Lake between elevations 599.0 feet above mean sea level and 542.0 feet above mean sea level, which is estimated to contain 297,200 acre-feet of water after adjustment for sediment deposits, and which may be used for municipal and industrial water supply, fish and wildlife, and recreation. ####

(12)Enforceability date The term “**enforceability date**” means the date on which the Secretary of the Interior publishes in the Federal Register a notice certifying that the conditions of subsection

(i)have been satisfied. ####

(13)Future use storage The term “**future use storage**” means that portion of the conservation storage capacity that was designated by the 1974 Contract to be utilized for future water use storage and was estimated to contain 155,500 acre feet of water after adjustment for sediment deposits, or 52.322 percent of the conservation storage capacity. ####

(14)Nations The term “**Nations**” means, collectively, the Choctaw Nation of Oklahoma (“Choctaw Nation”) and the Chickasaw Nation. ####

(15)Owrb The term “**OWRB**” means the Oklahoma Water Resources Board. ####

(16)Sardis lake The term “**Sardis Lake**” means the reservoir, formerly known as Clayton Lake, whose dam is located in Section 19, Township 2 North, Range 19 East of the Indian Meridian, Pushmataha County, Oklahoma, the construction, operation, and maintenance of which was authorized by section 203 of the Flood Control Act of 1962 (Public Law 87-874; 76 Stat. 1187). ####

(17)Settlement agreement The term “**Settlement Agreement**” means the settlement agreement as approved by the Nations, the State, the City, and the Trust effective August 22, 2016, as revised to conform with this section, as applicable. ####

(18)Settlement area The term “**settlement area**” means— #####

(A)the area lying between— ######

(i)the South Canadian River and Arkansas River to the north; ######

(ii)the Oklahoma-Texas State line to the south; ######

(iii)the Oklahoma-Arkansas State line to the east; and ######

(iv)the 98th Meridian to the west; and #####

(B)the area depicted in Exhibit 1 to the Settlement Agreement and generally including the following counties, or portions of, in the State: ######

(i)Atoka. ######

(ii)Bryan. ######

(iii)Carter. ######

(iv)Choctaw. ######

(v)Coal. ######

(vi)Garvin. ######

(vii)Grady. ######

(viii)McClain. ######

(ix)Murray. ######

(x)Haskell. ######

(xi)Hughes. ######

(xii)Jefferson. ######

(xiii)Johnston. ######

(xiv)Latimer. ######

(xv)LeFlore. ######

(xvi)Love. ######

(xvii)Marshall. ###### (xviii) McCurtain. ######

(xix)Pittsburgh. ######

(xx)Pontotoc. ######

(xxi)Pushmataha. ######

(xxii)Stephens. ####

(19)Settlement Area Waters The term “**settlement area waters**” means the waters located— #####

(A)within the settlement area; and #####

(B)within a basin depicted in Exhibit 10 to the Settlement Agreement, including any of the following basins as denominated in the 2012 Update of the Oklahoma Comprehensive Water Plan: ######

(i)Beaver Creek (24, 25, and 26). ######

(ii)Blue (11 and 12). ######

(iii)Clear Boggy (9). ######

(iv)Kiamichi (5 and 6). ######

(v)Lower Arkansas (46 and 47). ######

(vi)Lower Canadian (48, 56, 57, and 58). ######

(vii)Lower Little (2). ######

(viii)Lower Washita (14). ######

(ix)Mountain Fork (4). ######

(x)Middle Washita (15 and 16). ######

(xi)Mud Creek (23). ######

(xii)Muddy Boggy (7 and 8). ######

(xiii)Poteau (44 and 45). ######

(xiv)Red River Mainstem (1, 10, 13, and 21). ######

(xv)Upper Little (3). ######

(xvi)Walnut Bayou (22). ####

(20)State The term “**State**” means the State of Oklahoma. ####

(21)Trust #####

(A)In general The term “**Trust**” means the Oklahoma City Water Utilities Trust, formerly known as the Oklahoma City Municipal Improvement Authority, a public trust established pursuant to State law with the City as the beneficiary. #####

(B)References A reference in this section to “Trust” refers to the Oklahoma City Water Utilities Trust, acting severally. ####

(22)United states The term “**United States**” means the United States of America acting in its capacity as trustee for the Nations, their respective members, citizens, and allottees, or as specifically stated or limited in any given reference herein, in which case it means the United States of America acting in the capacity as set forth in said reference. ###

(c)Approval of the Settlement Agreement ####

(1)Ratification #####

(A)In general Except as modified by this section, and to the extent the Settlement Agreement does not conflict with this section, the Settlement Agreement is authorized, ratified, and confirmed. #####

(B)Amendments If an amendment is executed to make the Settlement Agreement consistent with this section, the amendment is also authorized, ratified and confirmed to the extent the amendment is consistent with this section. ####

(2)Execution of settlement agreement #####

(A)In general To the extent the Settlement Agreement does not conflict with this section, the Secretary of the Interior shall promptly execute the Settlement Agreement, including all exhibits to or parts of the Settlement Agreement requiring the signature of the Secretary of the Interior and any amendments necessary to make the Settlement Agreement consistent with this section. #####

(B)Not a major federal action Execution of the Settlement Agreement by the Secretary of the Interior under this subsection shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ###

(d)Approval of the Amended Storage Contract and 1974 Storage Contract ####

(1)Ratification #####

(A)In general Except to the extent any provision of the amended storage contract conflicts with any provision of this section, the amended storage contract is authorized, ratified, and confirmed. #####

(B)1974 storage contract To the extent the amended storage contract, as authorized, ratified, and confirmed, modifies or amends the 1974 storage contract, the modification or amendment to the 1974 storage contract is authorized, ratified, and confirmed. #####

(C)Amendments To the extent an amendment is executed to make the amended storage contract consistent with this section, the amendment is authorized, ratified, and confirmed. ####

(2)Approval by the secretary After the State and the City execute the amended storage contract, the Secretary shall approve the amended storage contract. ####

(3)Modification of september 11, 2009, order in united states v. oklahoma water resources board, civ 98-00521 (n.d. ok) The Secretary, through counsel, shall cooperate and work with the State to file any motion and proposed order to modify or amend the order of the United States District Court for the Northern District of Oklahoma dated September 11, 2009, necessary to conform the order to the amended storage contract transfer agreement, the Settlement Agreement, and this section. ####

(4)Conservation storage capacity The allocation of the use of the conservation storage capacity in Sardis Lake for administrative set-aside subcontracts, City water supply, and fish and wildlife and recreation as provided by the amended storage contract is authorized, ratified and approved. ####

(5)Activation; waiver #####

(A)Findings Congress finds that— ######

(i)the earliest possible activation of any increment of future use storage in Sardis Lake will not occur until after 2050; and ######

(ii)the obligation to make annual payments for the Sardis future use storage operation, maintenance and replacement costs, capital costs, or interest attributable to Sardis future use storage only arises if, and only to the extent, that an increment of Sardis future use storage is activated by withdrawal or release of water from the future use storage that is authorized by the user for a consumptive use of water. #####

(B)Waiver of obligations for storage that is not activated Notwithstanding section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), section 203 of the Flood Control Act of 1962 (Public Law 87-874; 76 Stat. 1187), the 1974 storage contract, or any other provision of law, effective as of January 1, 2050— ######

(i)the entirety of any repayment obligations (including interest), relating to that portion of conservation storage capacity allocated by the 1974 storage contract to future use storage in Sardis Lake is waived and shall be considered nonreimbursable; and ######

(ii)any obligation of the State and, on execution and approval of the amended storage contract, of the City and the Trust, under the 1974 storage contract regarding capital costs and any operation, maintenance, and replacement costs and interest otherwise attributable to future use storage in Sardis Lake is waived and shall be nonreimbursable, if by January 1, 2050, the right to future use storage is not activated by the withdrawal or release of water from future use storage for an authorized consumptive use of water. ####

(6)Consistent with authorized purposes; no major operational change #####

(A)Consistent with authorized purpose The amended storage contract, the approval of the Secretary of the amended storage contract, and the waiver of future use storage under paragraph (5)— ######

(i)are deemed consistent with the authorized purposes for Sardis Lake as described in section 203 of the Flood Control Act of 1962 (Public Law 87-874; 76 Stat. 1187) and do not affect the authorized purposes for which the project was authorized, surveyed, planned, and constructed; and ######

(ii)shall not constitute a reallocation of storage. #####

(B)No major operational change The amended storage contract, the approval of the Secretary of the amended storage contract, and the waiver of future use storage under paragraph

(5)shall not constitute a major operational change under section 301(e) of the Water Supply Act of 1958 (43 U.S.C. 390b(e)). ####

(7)No further authorization required This section shall be considered sufficient and complete authorization, without further study or analysis, for— #####

(A)the Secretary to approve the amended storage contract; and #####

(B)after approval under subparagraph (A), the Corps of Engineers to manage storage in Sardis Lake pursuant to and in accordance with the 1974 storage contract, the amended storage contract, and the Settlement Agreement. ###

(e)Settlement area waters ####

(1)Findings Congress finds that— #####

(A)pursuant to the Atoka Agreement as ratified by section 29 of the Act of June 28, 1898 (30 Stat. 505, chapter 517) (as modified by the Act of July 1, 1902 (32 Stat. 641, chapter 1362)), the Nations issued patents to their respective tribal members and citizens and thereby conveyed to individual Choctaws and Chickasaws, all right, title, and interest in and to land that was possessed by the Nations, other than certain mineral rights; and #####

(B)when title passed from the Nations to their respective tribal members and citizens, the Nations did not convey and those individuals did not receive any right of regulatory or sovereign authority, including with respect to water. ####

(2)Permitting, allocation, and administration of settlement area waters pursuant to the settlement agreement Beginning on the enforceability date, settlement area waters shall be permitted, allocated, and administered by the OWRB in accordance with the Settlement Agreement and this section. ####

(3)Choctaw nation and chickasaw nation Beginning on the enforceability date, the Nations shall have the right to use and to develop the right to use settlement area waters only in accordance with the Settlement Agreement and this section. ####

(4)Waiver and delegation by nations In addition to the waivers under subsection (h), the Nations, on their own behalf, shall permanently delegate to the State any regulatory authority each Nation may possess over water rights on allotments, which the State shall exercise in accordance with the Settlement Agreement and this subsection. ####

(5)Right to use water #####

(A)In general An allottee may use water on an allotment in accordance with the Settlement Agreement and this subsection. #####

(B)Surface water use ######

(i)In general An allottee may divert and use, on the allotment of the allottee, 6 acre-feet per year of surface water per 160 acres, to be used solely for domestic uses on an allotment that constitutes riparian land under applicable State law as of the date of enactment of this Act. ######

(ii)Effect of state law The use of surface water described in clause

(i)shall be subject to all rights and protections of State law, as of the date of enactment of this Act, including all protections against loss for nonuse. ######

(iii)No permit required An allottee may divert water under this subsection without a permit or any other authorization from the OWRB. #####

(C)Groundwater use ######

(i)In general An allottee may drill wells on the allotment of the allottee to take and use for domestic uses the greater of— ######

(I)5 acre-feet per year; or ######

(II)any greater quantity allowed under State law. ######

(ii)Effect of state law The groundwater use described in clause

(i)shall be subject to all rights and protections of State law, as of the date of enactment of this Act, including all protections against loss for nonuse. ######

(iii)No permit required An allottee may drill wells and use water under this subsection without a permit or any other authorization from the OWRB. #####

(D)Future changes in state law ######

(i)In general If State law changes to limit use of water to a quantity that is less than the applicable quantity specified in subparagraph

(B)or (C), as applicable, an allottee shall retain the right to use water in accord with those subparagraphs, subject to paragraphs (6)(B)(iv) and (7). ######

(ii)Opportunity to be heard Prior to taking any action to limit the use of water by an individual, the OWRB shall provide to the individual an opportunity to demonstrate that the individual is— ######

(I)an allottee; and ######

(II)using water on the allotment pursuant to and in accordance with the Settlement Agreement and this section. ####

(6)Allottee options for additional water #####

(A)In general To use a quantity of water in excess of the quantities provided under paragraph (5), an allottee shall— ######

(i)file an action under subparagraph (B); or ######

(ii)apply to the OWRB for a permit pursuant to, and in accordance with, State law. #####

(B)Determination in federal district court ######

(i)In general In lieu of applying to the OWRB for a permit to use more water than is allowed under paragraph (5), an allottee may file an action in the United States District Court for the Western District of Oklahoma for determination of the right to water of the allottee. At least 90 days prior to filing such an action, the allottee shall provide written notice of the suit to the United States and the OWRB. For the United States, notice shall be provided to the Solicitor’s Office, Department of the Interior, Washington D.C., and to the Office of the Regional Director of the Muskogee Region, Bureau of Indian Affairs, Department of the Interior. ######

(ii)Jurisdiction For purposes of this subsection— ######

(I)the United States District Court for the Western District of Oklahoma shall have jurisdiction; and ######

(II)as part of the complaint, the allottee shall include certification of the pre-filing notice to the United States and OWRB required by subparagraph (B)(i). If such certification is not included with the complaint, the complaint will be deemed filed 90 days after such certification is complete and filed with the court. Within 60 days after the complaint is filed or deemed filed or within such extended time as the District Court in its discretion may permit, the United States may appear or intervene. After such appearance, intervention or the expiration of the said 60 days or any extension thereof, the proceedings and judgment in such action shall bind the United States and the parties thereto without regard to whether the United States elects to appear or intervene in such action. ######

(iii)Requirements An allottee filing an action pursuant to this subparagraph shall— ######

(I)join the OWRB as a party; and ######

(II)publish notice in a newspaper of general circulation within the Settlement Area Hydrologic Basin for 2 consecutive weeks, with the first publication appearing not later than 30 days after the date on which the action is filed. ######

(iv)Determination final ######

(I)In general Subject to subclause (II), if an allottee elects to have the rights of the allottee determined pursuant to this subparagraph, the determination shall be final as to any rights under Federal law and in lieu of any rights to use water on an allotment as provided in paragraph (5). ######

(II)Reservation of rights Subclause

(I)shall not preclude an allottee from— ######

(aa)applying to the OWRB for water rights pursuant to State law; or ######

(bb)using any rights allowed by State law that do not require a permit from the OWRB. ####

(7)OWRB administration and enforcement #####

(A)In general If an allottee exercises any right under paragraph

(5)or has rights determined under paragraph (6)(B), the OWRB shall have jurisdiction to administer those rights. #####

(B)Challenges An allottee may challenge OWRB administration of rights determined under this paragraph, in the United States District Court for the Western District of Oklahoma. ####

(8)Prior existing state law rights Water rights held by an allottee as of the enforceability date pursuant to a permit issued by the OWRB shall be governed by the terms of that permit and applicable State law (including regulations). ###

(f)City Permit for Appropriation of Stream Water From the Kiamichi River The City permit shall be processed, evaluated, issued, and administered consistent with and in accordance with the Settlement Agreement and this section. ###

(g)Settlement Commission ####

(1)Establishment There is established a Settlement Commission. ####

(2)Members #####

(A)In general The Settlement Commission shall be comprised of 5 members, appointed as follows: ######

(i)1 by the Governor of the State. ######

(ii)1 by the Attorney General of the State. ######

(iii)1 by the Chief of the Choctaw Nation. ######

(iv)1 by the Governor of the Chickasaw Nation. ######

(v)1 by agreement of the members described in clauses

(i)through (iv). #####

(B)Jointly appointed member If the members described in clauses

(i)through

(iv)of subparagraph

(A)do not agree on a member appointed pursuant to subparagraph (A)(v)— ######

(i)the members shall submit to the Chief Judge for the United States District Court for the Eastern District of Oklahoma, a list of not less than 3 persons; and ######

(ii)from the list under clause (i), the Chief Judge shall make the appointment. #####

(C)Initial appointments The initial appointments to the Settlement Commission shall be made not later than 90 days after the enforceability date. ####

(3)Member terms #####

(A)In general Each Settlement Commission member shall serve at the pleasure of appointing authority. #####

(B)Compensation A member of the Settlement Commission shall serve without compensation, but an appointing authority may reimburse the member appointed by the entity for costs associated with service on the Settlement Commission. #####

(C)Vacancies If a member of the Settlement Commission is removed or resigns, the appointing authority shall appoint the replacement member. #####

(D)Jointly appointed member The member of the Settlement Commission described in paragraph (2)(A)(v) may be removed or replaced by a majority vote of the Settlement Commission based on a failure of the member to carry out the duties of the member. ####

(4)Duties The duties and authority of the Settlement Commission shall be set forth in the Settlement Agreement, and the Settlement Commission shall not possess or exercise any duty or authority not stated in the Settlement Agreement. ###

(h)Waivers and Releases of Claims ####

(1)Claims by the nations and the united states as trustee for the nations Subject to the retention of rights and claims provided in paragraph

(3)and except to the extent that rights are recognized in the Settlement Agreement or this section, the Nations, each in its own right and on behalf of itself and its respective citizens and members (but not individuals in their capacities as allottees), and the United States, acting as a trustee for the Nations (but not individuals in their capacities as allottees), shall execute a waiver and release of— #####

(A)all of the following claims asserted or which could have been asserted in any proceeding filed or that could have been filed during the period ending on the enforceability date, including Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11-927 (W.D. Ok.), OWRB v. United States, et al. CIV 12-275 (W.D. Ok.), or any general stream adjudication, relating to— ######

(i)claims to the ownership of water in the State; ######

(ii)claims to water rights and rights to use water diverted or taken from a location within the State; ######

(iii)claims to authority over the allocation and management of water and administration of water rights, including authority over third-party ownership of or rights to use water diverted or taken from a location within the State and ownership or use of water on allotments by allottees or any other person using water on an allotment with the permission of an allottee; ######

(iv)claims that the State lacks authority over the allocation and management of water and administration of water rights, including authority over the ownership of or rights to use water diverted or taken from a location within the State; ######

(v)any other claim relating to the ownership of water, regulation of water, or authorized diversion, storage, or use of water diverted or taken from a location within the State, which claim is based on the status of the Chickasaw Nation’s or the Choctaw Nation’s unique sovereign status and rights as defined by Federal law and alleged to arise from treaties to which they are signatories, including but not limited to the Treaty of Dancing Rabbit Creek, Act of Sept. 30, 1830, 7 Stat. 333, Treaty of Doaksville, Act of Jan. 17, 1837, 11 Stat. 573, and the related March 23, 1842, patent to the Choctaw Nation; and ######

(vi)claims or defenses asserted or which could have been asserted in Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11-927 (W.D. Ok.), OWRB v. United States, et al. CIV 12-275 (W.D. Ok.), or any general stream adjudication; #####

(B)all claims for damages, losses or injuries to water rights or water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from the damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to any action by the State, the OWRB, or any water user authorized pursuant to State law to take or use water in the State, including the City, that accrued during the period ending on the enforceability date; #####

(C)all claims and objections relating to the amended permit application, and the City permit, including— ######

(i)all claims regarding regulatory control over or OWRB jurisdiction relating to the permit application and permit; and ######

(ii)all claims for damages, losses or injuries to water rights or rights to use water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from the damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to the issuance and lawful exercise of the City permit; #####

(D)all claims to regulatory control over the Permit Numbers P80-48 and 54-613 of the City for water rights from the Muddy Boggy River for Atoka Reservoir and P73-282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir; #####

(E)all claims that the State lacks regulatory authority over or OWRB jurisdiction relating to Permit Numbers P80-48 and 54-613 for water rights from the Muddy Boggy River for Atoka Reservoir and P73-282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir; #####

(F)all claims to damages, losses or injuries to water rights or water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to the lawful exercise of Permit Numbers P80-48 and 54-613 for water rights from the Muddy Boggy River for Atoka Reservoir and P73-282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir, that accrued during the period ending on the enforceability date; #####

(G)all claims and objections relating to the approval by the Secretary of the assignment of the 1974 storage contract pursuant to the amended storage contract; and #####

(H)all claims for damages, losses, or injuries to water rights or water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to the lawful exercise of rights pursuant to the amended storage contract. ####

(2)Waivers and releases of claims by the nations against the united states Subject to the retention of rights and claims provided in paragraph

(3)and except to the extent that rights are recognized in the Settlement Agreement or this section, the Nations are authorized to execute a waiver and release of all claims against the United States (including any agency or employee of the United States) relating to— #####

(A)all of the following claims asserted or which could have been asserted in any proceeding filed or that could have been filed by the United States as a trustee during the period ending on the enforceability date, including Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11-927 (W.D. Ok.) or OWRB v. United States, et al. CIV 12-275 (W.D. Ok.), or any general stream adjudication, relating to— ######

(i)claims to the ownership of water in the State; ######

(ii)claims to water rights and rights to use water diverted or taken from a location within the State; ######

(C)all claims and objections relating to the amended permit application, and the City permit, including— ######

(i)all claims regarding regulatory control over or OWRB jurisdiction relating to the permit application and permit; and ######

(D)all claims to regulatory control over the Permit Numbers P80-48 and 54-613 for water rights from the Muddy Boggy River for Atoka Reservoir and P73-282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir; #####

(F)all claims to damages, losses or injuries to water rights or water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from the damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to the lawful exercise of Permit Numbers P80-48 and 54-613 for water rights from the Muddy Boggy River for Atoka Reservoir and P73-282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir, that accrued during the period ending on the enforceability date; #####

(G)all claims and objections relating to the approval by the Secretary of the assignment of the 1974 storage contract pursuant to the amended storage contract; #####

(H)all claims relating to litigation brought by the United States prior to the enforceability date of the water rights of the Nations in the State; and #####

(I)all claims relating to the negotiation, execution, or adoption of the Settlement Agreement (including exhibits) or this section. ####

(3)Retention and reservation of claims by nations and the united states #####

(A)In general Notwithstanding the waiver and releases of claims authorized under paragraphs

(1)and (2), the Nations and the United States, acting as trustee, shall retain— ######

(i)all claims for enforcement of the Settlement Agreement and this section; ######

(ii)all rights to use and protect any water right of the Nations recognized by or established pursuant to the Settlement Agreement, including the right to assert claims for injuries relating to the rights and the right to participate in any general stream adjudication, including any inter se proceeding; ######

(iii)all claims under— ######

(I)the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including for damages to natural resources; ######

(II)the Safe Drinking Water Act (42 U.S.C. 300f et seq.); ######

(III)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ######

(IV)any regulations implementing the Acts described in items

(I)through (III); ######

(iv)all claims relating to damage, loss, or injury resulting from an unauthorized diversion, use, or storage of water, including damages, losses, or injuries to land or nonwater natural resources associated with any hunting, fishing, gathering, or cultural right; and ######

(v)all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this section or the Settlement Agreement. #####

(B)Agreement ######

(i)In general As provided in the Settlement Agreement, the Chickasaw Nation shall convey an easement to the City, which easement shall be as described and depicted in Exhibit 15 to the Settlement Agreement. ######

(ii)Application The Chickasaw Nation and the City shall cooperate and coordinate on the submission of an application for approval by the Secretary of the Interior of the conveyance under clause (i), in accordance with applicable Federal law. ######

(iii)Recording On approval by the Secretary of the Interior of the conveyance of the easement under this clause, the City shall record the easement. ######

(iv)Consideration In exchange for conveyance of the easement under clause (i), the City shall pay to the Chickasaw Nation the value of past unauthorized use and consideration for future use of the land burdened by the easement, based on an appraisal secured by the City and Nations and approved by the Secretary of the Interior. ####

(4)Effective date of waiver and releases The waivers and releases under this subsection take effect on the enforceability date. ####

(5)Tolling of Claims Each applicable period of limitation and time-based equitable defense relating to a claim described in this subsection shall be tolled during the period beginning on the date of enactment of this Act and ending on the earlier of the enforceability date or the expiration date under subsection (i)(2). ###

(i)Enforceability Date ####

(1)In general The Settlement Agreement shall take effect and be enforceable on the date on which the Secretary of the Interior publishes in the Federal Register a certification that— #####

(A)to the extent the Settlement Agreement conflicts with this section, the Settlement Agreement has been amended to conform with this section; #####

(B)the Settlement Agreement, as amended, has been executed by the Secretary of the Interior, the Nations, the Governor of the State, the OWRB, the City, and the Trust; #####

(C)to the extent the amended storage contract conflicts with this section, the amended storage contract has been amended to conform with this section; #####

(D)the amended storage contract, as amended to conform with this section, has been— ######

(i)executed by the State, the City, and the Trust; and ######

(ii)approved by the Secretary; #####

(E)an order has been entered in United States v. Oklahoma Water Resources Board, Civ. 98-C-521-E with any modifications to the order dated September 11, 2009, as provided in the Settlement Agreement; #####

(F)orders of dismissal have been entered in Chickasaw Nation, Choctaw Nation v. Fallin et al., Civ 11-297 (W.D. Ok.) and OWRB v. United States, et al. Civ 12-275 (W.D. Ok.) as provided in the Settlement Agreement; #####

(G)the OWRB has issued the City Permit; #####

(H)the final documentation of the Kiamichi Basin hydrologic model is on file at the Oklahoma City offices of the OWRB; and #####

(I)the Atoka and Sardis Conservation Projects Fund has been funded as provided in the Settlement Agreement. ####

(2)Expiration date If the Secretary of the Interior fails to publish a statement of findings under paragraph

(1)by not later than September 30, 2020, or such alternative later date as is agreed to by the Secretary of the Interior, the Nations, the State, the City, and the Trust under paragraph (4), the following shall apply: #####

(A)This section, except for this subsection and any provisions of this section that are necessary to carry out this subsection (but only for purposes of carrying out this subsection) are not effective beginning on September 30, 2020, or the alternative date. #####

(B)The waivers and release of claims, and the limited waivers of sovereign immunity, shall not become effective. #####

(C)The Settlement Agreement shall be null and void, except for this paragraph and any provisions of the Settlement Agreement that are necessary to carry out this paragraph. #####

(D)Except with respect to this paragraph, the State, the Nations, the City, the Trust, and the United States shall not be bound by any obligations or benefit from any rights recognized under the Settlement Agreement. #####

(E)If the City permit has been issued, the permit shall be null and void, except that the City may resubmit to the OWRB, and the OWRB shall be considered to have accepted, OWRB permit application No. 2007-017 without having waived the original application priority date and appropriative quantities. #####

(F)If the amended storage contract has been executed or approved, the contract shall be null and void, and the 2010 agreement shall be considered to be in force and effect as between the State and the Trust. #####

(G)If the Atoka and Sardis Conservation Projects Fund has been established and funded, the funds shall be returned to the respective funding parties with any accrued interest. ####

(3)No prejudice The occurrence of the expiration date under paragraph

(2)shall not in any way prejudice— #####

(A)any argument or suit that the Nations may bring to contest— ######

(i)the pursuit by the City of OWRB permit application No. 2007-017, or a modified version; or ######

(ii)the 2010 agreement; #####

(B)any argument, defense, or suit the State may bring or assert with regard to the claims of the Nations to water or over water in the settlement area; or #####

(C)any argument, defense or suit the City may bring or assert— ######

(i)with regard to the claims of the Nations to water or over water in the settlement area relating to OWRB permit application No. 2007-017, or a modified version; or ######

(ii)to contest the 2010 agreement. ####

(4)Extension The expiration date under paragraph

(2)may be extended in writing if the Nations, the State, the OWRB, the United States, and the City agree that an extension is warranted. ###

(j)Jurisdiction, Waivers of Immunity for Interpretation and Enforcement ####

(1)Jurisdiction #####

(A)In general ######

(i)Exclusive jurisdiction The United States District Court for the Western District of Oklahoma shall have exclusive jurisdiction for all purposes and for all causes of action relating to the interpretation and enforcement of the Settlement Agreement, the amended storage contract, or interpretation or enforcement of this section, including all actions filed by an allottee pursuant to subsection (e)(6)(B). ######

(ii)Right to bring action The Choctaw Nation, the Chickasaw Nation, the State, the City, the Trust, and the United States shall each have the right to bring an action pursuant to this section. ######

(iii)No action in other courts No action may be brought in any other Federal, Tribal, or State court or administrative forum for any purpose relating to the Settlement Agreement, amended storage contract, or this section. ######

(iv)No monetary judgment Nothing in this section authorizes any money judgment or otherwise allows the payment of funds by the United States, the Nations, the State (including the OWRB), the City, or the Trust. #####

(B)Notice and conference An entity seeking to interpret or enforce the Settlement Agreement shall comply with the following: ######

(i)Any party asserting noncompliance or seeking interpretation of the Settlement Agreement or this section shall first serve written notice on the party alleged to be in breach of the Settlement Agreement or violation of this section. ######

(ii)The notice under clause

(i)shall identify the specific provision of the Settlement Agreement or this section alleged to have been violated or in dispute and shall specify in detail the contention of the party asserting the claim and any factual basis for the claim. ######

(iii)Representatives of the party alleging a breach or violation and the party alleged to be in breach or violation shall meet not later than 30 days after receipt of notice under clause

(i)in an effort to resolve the dispute. ######

(iv)If the matter is not resolved to the satisfaction of the party alleging breach not later than 90 days after the original notice under clause (i), the party may take any appropriate enforcement action consistent with the Settlement Agreement and this subsection. ####

(2)Limited waivers of sovereign immunity #####

(A)In general The United States and the Nations may be joined in an action filed in the United States District Court for the Western District of Oklahoma. #####

(B)United states immunity Any claim by the United States to sovereign immunity from suit is irrevocably waived for any action brought by the State, the Chickasaw Nation, the Choctaw Nation, the City, or the Trust in the Western District of Oklahoma relating to interpretation or enforcement of the Settlement Agreement or this section, including of the appellate jurisdiction of the United States Court of Appeals for the Tenth Circuit and the Supreme Court of the United States. #####

(C)Chickasaw nation immunity For the exclusive benefit of the State (including the OWRB), the City, the Trust, the Choctaw Nation, and the United States, the sovereign immunity of the Chickasaw Nation from suit is waived solely for any action brought in the Western District of Oklahoma relating to interpretation or enforcement of the Settlement Agreement or this section, if the action is brought by the State or the OWRB, the City, the Trust, the Choctaw Nation, or the United States, including the appellate jurisdiction of the United States Court of Appeals for the Tenth Circuit and the Supreme Court of the United States. #####

(D)Choctaw nation immunity For the exclusive benefit of the State (including of the OWRB), the City, the Trust, the Chickasaw Nation, and the United States, the Choctaw Nation shall expressly and irrevocably consent to a suit and waive sovereign immunity from a suit solely for any action brought in the Western District of Oklahoma relating to interpretation or enforcement of the Settlement Agreement or this section, if the action is brought by the State, the OWRB, the City, the Trust, the Chickasaw Nation, or the United States, including the appellate jurisdiction of the United States Court of Appeals for the Tenth Circuit and the Supreme Court of the United States. ###

(k)Disclaimer ####

(1)In general The Settlement Agreement applies only to the claims and rights of the Nations. ####

(2)No Precedent Nothing in this section or the Settlement Agreement shall be construed in any way to quantify, establish, or serve as precedent regarding the land and water rights, claims, or entitlements to water of any American Indian Tribe other than the Nations, including any other American Indian Tribe in the State. ####

(3)Limitation Nothing in the Settlement Agreement— #####

(A)affects the ability of the United States, acting as sovereign, to take actions authorized by law, including any laws related to health, safety, or the environment, including— ######

(i)the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); ######

(ii)the Safe Drinking Water Act (42 U.S.C. 300f et seq.); ######

(iii)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ######

(iv)any regulations implementing the Acts described in this section; #####

(B)affects the ability of the United States to raise defenses based on 43 U.S.C. 666(a); and #####

(C)affects any rights, claims, or defenses the United States may have with respect to the use of water on Federal lands in the Settlement Area that are not trust lands or Allotments. ## Subtitle G Blackfeet Water Rights Settlement

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