123STA T . 1 408PUBLIC LA W 111 – 11 —M A R .30 , 200 9theal l oc at i o n o f265 ac r e feet to ups trea mw ater users un d er the Ag reement , or use on tri b al land off the R eser v ation .( d )ENVIRO N ME N TALC OM P LIAN C E. — E x ecution of the Agreement b y the S ecretary under this section shall not constitute ma j or F ed - eral action under the N ational Environmental P olicy Act ( 4 2 U .S.C. 4 3 2 1 et se q .). T he Secretary shall carry out all environmental compliance required by Federal law in implementing the Agree- ment. (e) PER F ORMANCE OF OB LI G ATION S .—The Secretary and any other head of a Federal agency obligated under the Agreement shall perform actions necessary to carry out an obligation under the Agreement in accordance with this subtitle. SEC.108 0 5 . TRIBALW ATER RI GH TS. (a) I N G ENERAL.—Tribal water rights shall be held in trust by the United States for the benefit of the Tribes. (b) A D MINISTRATION.— (1) ENACTMENT OF W ATER CODE.—Not later than 3 years after the date of enactment of this Act, the Tribes, in accordance with provisions of the Tribes ’ constitution and subject to the approval of the Secretary, shall enact a water code to administer tribal water rights. (2) INTERIM ADMINISTRATION.—The Secretary shall regulate the tribal water rights during the period beginning on the date of enactment of this Act and ending on the date on which the Tribes enact a water code under paragraph (1). (c) TRIBAL W ATER RIG H TSNOTS U B J ECT TO L OSS.—The tribal water rights shall not be subject to loss by abandonment, forfeiture, or nonuse. SEC. 1080 6 . DU C KV ALLE Y I N DIAN IRRIGATI O N P RO J ECT. (a) STATUS OF THE D UC KV ALLE Y INDIAN IRRIGATION PROJECT.— Nothing in this subtitle shall affect the status of the Duc k Valley Indian Irrigation Project under Federal law. (b) CAPITAL COSTS NONREIMBURSABLE.—The capital costs asso- ciated with the Duck Valley Indian Irrigation Project as of the date of enactment of this Act, including any capital cost incurred with funds distributed under this subtitle for the Duck Valley Indian Irrigation Project, shall be nonreimbursable. SEC. 1080 7 . DEVELOP M ENT AND MAINTENANCE F UNDS. (a) DEFINITION OF FUNDS.—In this section, the term ‘ ‘Funds’’ means— (1) the Development Fund
and (2) the M aintenance Fund. (b) DEVELOPMENT FUND.— (1) ESTABLISHMENT.—There is established in the Treasury of the United States a fund to be known as the ‘‘Shoshone- Paiute Tribes Water Rights Development Fund’’. (2) USE OF FUNDS.— (A) PRIORITY USE OF FUNDS FOR REHABILITATION.— The Tribes shall use amounts in the Development Fund to— (i) rehabilitate the Duck Valley Indian Irrigation Project; or (ii) for other purposes under subparagraph ( B ), provided that the Tribes have given written notification to the Secretary that— Notif i ca tio n.Regul ation s . T i m e p e r io d . D eadline.
