What changed between these versions
A substantive revision to the proposed amendments. v4 removes the renumbering of several sections and the establishment of a new Crow CIP Implementation Account that were present in v3. It also reverts numerous cross-reference updates and removes a cost indexing mechanism for the MR&I Projects Account, while adding a new procedural requirement for MR&I fund deposits.
Overview
There are extensive changes throughout the bill, primarily revolving around structural organization and funding mechanisms. · v4 largely narrows the scope of structural changes proposed in v3 by reverting section renumbering and deleting a new account, while also clarifying fund management procedures for an existing account.
The most significant change in v4 is the removal of the proposed renumbering of sections 412 through 416 and the deletion of the new 'Crow CIP Implementation Account' that v3 sought to establish. Consequently, v4 reverts many cross-references that v3 had updated to align with its renumbering scheme. Additionally, v4 removes a provision for indexing MR&I Projects Account funds for cost fluctuations, but adds a new procedural step requiring MR&I funds to be deposited into a specific joint signature account before investment earnings accrue. Many other technical amendments remain consistent between both versions.
Major additions
This new subparagraph specifies that amounts deposited into the MR&I Projects Account shall be further deposited into a special joint signature account named 'MR&I Account' established pursuant to a 2012 agreement with the Tribe. This deposit must occur prior to any investment earnings accruing or becoming available.
This addition introduces a new procedural requirement for the management of funds within the MR&I Projects Account. It mandates an intermediate deposit step into a specific joint signature account, which could impact the timing of fund availability and the accrual of investment earnings for the Tribe.
Deletions
This provision in v3 proposed to redesignate sections 412 through 416 of the Crow Tribe Water Rights Settlement Act of 2010 as sections 413 through 417, respectively.
The deletion of this renumbering means that v4 retains the original section numbering for these provisions. This fundamentally alters the structural organization of the amendments, impacting all related cross-references and maintaining the existing legislative framework for these sections.
This provision in v3 proposed to insert a new Section 412, titled 'Crow CIP Implementation Account,' after section 411 of the original Act. This new section would have established a nontrust, interest-bearing account for carrying out section 405, detailing its establishment, deposits, uses, and interest accrual.
The deletion of this entire section means that the dedicated 'Crow CIP Implementation Account' and its associated funding and management mechanisms are not established in v4. This removes a specific financial instrument intended to support certain projects, potentially affecting the funding and implementation strategy for those activities.
This provision in v3 proposed to strike subsection (h) of the then-renumbered Section 415 (originally Section 414) and insert new provisions regarding 'Joint Signature Accounts.' These new provisions detailed the authorization for withdrawal of funds from existing joint signature accounts for transfer and deposit into the Crow CIP Implementation Account (v3's new 412(a)) and the MR&I Projects Account (411(c)(5)).
The deletion of this amendment means that the original Section 414(h) ('Cost Sharing') is retained in v4. Furthermore, the specific mechanisms for transferring funds from joint signature accounts into the proposed Crow CIP Implementation Account are removed, consistent with the deletion of that account. While v4 addresses MR&I joint signature accounts differently, this deletion removes a broader framework for joint signature account management proposed in v3.
This provision in v3 proposed to add a new subsection (j) to the then-renumbered Section 415 (originally Section 414), titled 'MR&I Projects Account Fluctuations in Costs.' This subsection would have provided for an indexing adjustment to amounts deposited in the MR&I Projects Account based on the Bureau of Reclamation Construction Cost Index-Composite Trend, to account for cost fluctuations after May 1, 2008.
The deletion of this subsection removes the mechanism for adjusting MR&I Projects Account funds for inflation or cost fluctuations. This could impact the real value and purchasing power of the funds available for projects over time, as they will not be automatically adjusted for changes in construction costs.
This provision in v3 proposed to amend the then-renumbered Section 416 (originally Section 415, 'Repeal on failure to meet enforceability date') by striking 'section 414' and inserting 'section 415' in paragraphs (3) and (4).
The deletion of this amendment means that the references in the 'Repeal on failure to meet enforceability date' section will continue to point to 'section 414' in v4, whereas v3 would have updated them to 'section 415'. This affects which section governs the funding aspects related to the conditions for repeal based on enforceability dates.
This provision in v3 proposed a clerical amendment to the table of contents for the Claims Resolution Act of 2010, striking items relating to sections 407 through 416 and inserting a new, renumbered list of sections 407 through 417.
The deletion of this clerical amendment is consistent with v4's removal of the section renumbering and the new CIP account. It means the table of contents is not updated as per v3's structural changes, maintaining the existing table of contents structure for the original Act.
Modifications
The funding sources for the Crow Settlement Fund under Section 411(b) will continue to be governed by the original 'section 414' in v4, whereas v3 would have updated this reference to 'section 415'. This impacts the specific statutory provision governing the deposit of funds into the Crow Settlement Fund.
Before
v3 proposed to amend Section 411(b) of the original Act by striking 'section 414' and inserting 'section 415', updating a cross-reference to the funding section.
After
v4 omits the amendment instruction for Section 411(b). As a result, Section 411(b) of the original Act will continue to refer to 'section 414' (the original funding section number).
The funding sources for the MR&I Projects Account are now tied to 'section 414' (the original funding section number, as v4 does not renumber it) instead of 'section 415' (v3's renumbered funding section). This ensures consistency with v4's decision to retain the original section numbering for the funding provisions.
Before
v3 proposed to add Section 411(c)(5)(A) to establish the MR&I Projects Account, stating it consists of amounts made available pursuant to paragraphs (1) and (2) of 'section 415(b)' and amounts to be deposited pursuant to 'section 415(h)(2)'.
After
v4 also adds Section 411(c)(5)(A) to establish the MR&I Projects Account, but states it consists of amounts made available pursuant to paragraphs (1) and (2) of 'section 414(b)' and amounts to be deposited pursuant to 'section 414(h)(2)'.
The reference governing the use of funds for the Crow Cultural Easement will remain 'section 412' in v4, whereas v3 would have updated it to 'section 413'. This impacts which specific section of the original Act governs the use of those funds.
Before
v3 proposed to amend Section 411(e)(3)(C)(i) of the original Act by striking 'section 412' and inserting 'section 413', updating a cross-reference.
After
v4 omits the amendment instruction for Section 411(e)(3)(C)(i). As a result, Section 411(e)(3)(C)(i) of the original Act will continue to refer to 'section 412' (the original section number for Yellowtail Dam).
The reference in Section 411(f)(2) regarding the use of funds for the Crow Settlement Fund will continue to point to 'section 414' in v4, whereas v3 would have updated it to 'section 415'. This affects which section governs the use of those funds.
Before
v3 proposed to amend Section 411(f)(2) of the original Act by striking 'section 414' and inserting 'section 415', updating a cross-reference.
After
v4 omits the amendment instruction for Section 411(f)(2). As a result, Section 411(f)(2) of the original Act will continue to refer to 'section 414' (the original funding section number).
Extends the period for certain provisions related to Yellowtail Dam from 15 years to 20 years. This provides a longer timeframe for associated activities or obligations, offering more flexibility or duration for the Crow Tribe regarding the Yellowtail Dam.
Before
v3 amended the then-renumbered Section 413(b)(1) (originally Section 412) of the Crow Tribe Water Rights Settlement Act of 2010 by striking '15 years' and inserting '20 years'.
After
v4 amends Section 412(b)(1) (retaining its original numbering) of the Crow Tribe Water Rights Settlement Act of 2010 by striking '15 years' and inserting '20 years'.
The reference in Section 410(e)(1)(B) regarding waivers and releases of claims will continue to point to 'section 414' in v4, whereas v3 would have updated it to 'section 415'. This affects which section governs the funding aspects related to waivers and releases.
Before
v3 proposed to amend Section 410(e)(1)(B) of the original Act by striking 'section 414' and inserting 'section 415', updating a cross-reference.
After
v4 omits the amendment instruction for Section 410(e)(1)(B). As a result, Section 410(e)(1)(B) of the original Act will continue to refer to 'section 414' (the original funding section number).
Scope
Meaningful expansion or narrowing — Changes are scattered throughout the bill, primarily affecting the definitions, fund management sections, and cross-references. The most impactful changes are related to the structural organization of the amendments themselves. — v4 represents a refinement within the same overall policy direction, but with significant changes to the proposed implementation and funding mechanisms. It removes a new account and a cost indexing provision, while adding a new procedural step for fund management. — The changes interact significantly with existing provisions, particularly by reverting proposed renumbering and cross-reference updates, which ensures that the original Act's section numbering is largely maintained. The deletion of the Crow CIP Implementation Account removes a new funding structure that would have interacted with existing project implementation provisions.
Impact analysis
The Crow Tribe
The deletion of the CIP account and cost indexing is a loss of proposed financial mechanisms. The new procedural step for MR&I funds represents a procedural change that could introduce delays or affect investment earnings, while the Yellowtail Dam extension is a beneficial extension of a timeframe.
v4 removes the proposed 'Crow CIP Implementation Account' and the mechanism for indexing MR&I Projects Account funds for cost fluctuations, which were present in v3. It also introduces a new procedural step requiring MR&I Projects Account funds to be deposited into a specific joint signature account before investment earnings accrue. The extension of the Yellowtail Dam provision from 15 to 20 years remains consistent.
Federal Government (Secretary and relevant agencies)
The changes result in a shift in administrative responsibilities, removing some proposed duties while adding a specific new procedural obligation related to fund management.
v4 removes the administrative burden of establishing and managing the 'Crow CIP Implementation Account' as proposed in v3. It also removes the responsibility for implementing the cost indexing adjustment for MR&I Projects Account funds. However, it introduces a new requirement to ensure MR&I Projects Account funds are deposited into a specific joint signature account prior to investment earnings accruing.