What changed between these versions
A substantive restructuring. v2 removes the proposed new "Crow CIP Implementation Account" and associated section redesignations from v1, reverting the numbering of several sections. It also deletes provisions related to joint signature account transfers and indexing adjustments for MR&I Project costs, while adding a new requirement for MR&I Projects Account funds to be deposited into a special joint signature account before earning interest.
Overview
A moderate number of changes, primarily impacting the financial mechanisms and structural organization of the original Act. · v2 narrows the scope of proposed new accounts and funding mechanisms, clarifies the flow of funds for MR&I projects, and reverts structural changes proposed in v1.
The most significant change in v2 is the removal of the proposed "Crow CIP Implementation Account" (new Section 412) and the associated redesignation of subsequent sections, effectively streamlining the bill by removing a new funding mechanism. Additionally, v2 deletes the proposed indexing adjustment for MR&I Projects Account costs and the specific instructions for transferring funds from joint signature accounts. However, v2 introduces a new requirement for MR&I Projects Account funds to be deposited into a special joint signature account before accruing investment earnings. The changes also revert numerous cross-references to align with the original section numbering of the 2010 Act.
Major additions
v2 adds a new subparagraph (B) to Section 411(c)(5) which mandates that amounts deposited into the MR&I Projects Account must first be deposited into the special joint signature account named "MR&I Account" (established September 13, 2012) prior to any investment earnings accruing or becoming available.
This addition introduces a new procedural step for the management of MR&I Projects Account funds, potentially affecting the timing of investment earnings and the immediate availability of funds for tribal projects. It ensures that funds pass through a specific joint signature account before they can generate interest.
Deletions
v1 proposed to insert a new Section 412, titled "Crow CIP Implementation Account," which would establish a new nontrust, interest-bearing account for carrying out Section 405, and would also redesignate existing sections 412 through 416 as 413 through 417. The associated clerical amendment in Section 2(h) updated the table of contents to reflect this new section and redesignation.
The deletion of the Crow CIP Implementation Account removes a proposed new funding mechanism and its associated administrative structure. By removing the redesignation, v2 maintains the original numbering of sections 412-416, which simplifies the structure but also means the specific funding mechanism for CIP implementation proposed in v1 is not adopted. This significantly alters the proposed financial architecture for the settlement.
v1 proposed to strike the existing subsection (h) of Section 415 (redesignated) and insert new language authorizing the Secretary to withdraw funds from specific joint signature accounts ("CIP Account" and "MR&I Account") and deposit them into the newly established Crow CIP Implementation Account and MR&I Projects Account, respectively.
The deletion of this modification means that the specific instructions for transferring funds from the joint signature accounts into the new accounts proposed in v1 are not enacted. This maintains the original language of the 2010 Act regarding joint signature accounts, which implies that the mechanisms for fund transfer and management remain as they were before v1's proposed changes.
v1 proposed to add a new subsection (j) to Section 415 (redesignated), titled "MR&I Projects Account Fluctuations in Costs." This subsection would have provided for an indexing adjustment (increase or decrease) to amounts deposited in the MR&I Projects Account based on the Bureau of Reclamation Construction Cost Index-Composite Trend, with the indexing period ending on the date of deposit.
The deletion of this indexing adjustment removes a mechanism designed to account for inflation or deflation in construction costs for MR&I projects. This means the amounts deposited into the MR&I Projects Account will not be automatically adjusted for cost fluctuations, potentially impacting the purchasing power of the funds over time for the Tribe's infrastructure projects.
Modifications
This change maintains the original cross-referencing within the Crow Settlement Fund provisions, ensuring that references point to the un-redesignated Section 414 (Funding) rather than the Section 415 that would have resulted from v1's structural changes. This avoids confusion arising from the deletion of the redesignation scheme.
Before
v1 proposed to change cross-references in subsections (b) and (c) from "section 414" to "section 415" (reflecting its proposed redesignation of sections).
After
v2 removes this proposed change, effectively retaining the original "section 414" cross-reference in subsections (b) and (c).
This modification ensures that the reference within the Crow Settlement Fund's uses points to the correct, un-redesignated Section 412, maintaining consistency with the overall structural changes in v2.
Before
v1 proposed to change the cross-reference in Section 411(e)(3)(C)(i) from "section 412" to "section 413" (reflecting its proposed redesignation of sections).
After
v2 removes this proposed change, effectively retaining the original "section 412" cross-reference.
This modification maintains the correct cross-reference within the Crow Settlement Fund's reporting requirements, aligning with the un-redesignated section numbers in v2.
Before
v1 proposed to change the cross-reference in Section 411(f)(2) from "section 414" to "section 415" (reflecting its proposed redesignation of sections).
After
v2 removes this proposed change, effectively retaining the original "section 414" cross-reference.
This ensures that the references within the "Satisfaction of claims" section correctly point to the un-redesignated Section 414, maintaining consistency in the bill's internal referencing.
Before
v1 proposed to change the cross-references in paragraphs (1) and (2) of Section 409(b) from "section 414" to "section 415" (reflecting its proposed redesignation of sections).
After
v2 removes this proposed change, effectively retaining the original "section 414" cross-references.
This modification ensures that the reference within the "Waivers and releases of claims" section correctly points to the un-redesignated Section 414, aligning with the overall structural changes in v2.
Before
v1 proposed to change the cross-reference in Section 410(e)(1)(B) from "section 414" to "section 415" (reflecting its proposed redesignation of sections).
After
v2 removes this proposed change, effectively retaining the original "section 414" cross-reference.
This ensures that the references within the "Repeal on failure to meet enforceability date" section correctly point to the un-redesignated Section 414, maintaining consistency in the bill's internal referencing.
Before
v1 proposed to change the cross-references in paragraphs (3) and (4) of Section 416 (redesignated) from "section 414" to "section 415" (reflecting its proposed redesignation of sections).
After
v2 removes this proposed change, effectively retaining the original "section 414" cross-references in Section 416 (un-redesignated).
Scope
Meaningful expansion or narrowing — Changes are concentrated within the sections dealing with funding, account management, and the overall structural organization of the amendments to the Crow Tribe Water Rights Settlement Act of 2010. — v2 represents a refinement within the same policy direction but with a narrower scope for new financial mechanisms and a more conservative approach to structural changes. It removes proposed new accounts and indexing adjustments, while adding a new procedural step for existing accounts. — The deletion of the section redesignation in v2 significantly interacts with and reverts numerous cross-references throughout the bill that were updated in v1 based on that redesignation.
Impact analysis
The Crow Tribe
The Tribe loses a proposed new funding account and a mechanism to adjust for inflation, but gains clarity on the section numbering by reverting to the original structure. The new procedural step for MR&I funds could delay access to interest earnings.
v2 removes the proposed Crow CIP Implementation Account, which would have provided a dedicated, interest-bearing account for carrying out certain projects. It also removes the indexing adjustment for MR&I Projects Account funds. However, it adds a new requirement for MR&I Projects Account funds to be deposited into a specific joint signature account before accruing interest.
Federal Government (Secretary of the Interior)
The Federal Government experiences a reduction in new administrative and financial obligations proposed in v1.
v2 removes the administrative burden of establishing and managing the new Crow CIP Implementation Account. It also removes the responsibility for implementing indexing adjustments for MR&I Project costs.
Beneficiaries of Yellowtail Dam operations
This group gains an extended period of federal support for critical infrastructure.
The period during which the Secretary is obligated to operate and maintain the Yellowtail Dam is extended from 15 years to 20 years. This change was proposed in both v1 and v2, targeting the same underlying provision.