Blackfoot River Land Settlement Act of 2010- Extinguishes all claims and all right, title, and interest in and to specified Indian and non-Indian land with respect to resolution of the disputes within the Fort Hall Indian Reservation of the Shoshone and Bannock Indian Tribes located in Idaho, resulting from the realignment of the Blackfoot River by the Corps of Engineers in 1964.
Requires the non-Indian land to be held in trust for the Tribes.
Transfers the Indian land to Blackfoot River Flood Control District No. 7 for conveyance to the non-Indians acquiring Indian land.
Establishes a tribal trust fund account from which amounts shall be distributed to the Tribes, which they may use for activities related to: (1) construction of a natural resources facility; (2) water resources needs; (3) economic development; and (4) land acquisition.
Establishes an allottee trust account into which amounts shall be deposited into individual Indian money accounts for the allottees.
Requires the Secretary of the Interior to pay to the Tribes and the non-Indian landowners such attorneys fees as are approved by them. Limits the total amount of such fees to be paid to 2% of the amounts distributed to the Tribes, allottees, and the non-Indian landowners.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4613 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4613
To settle land claims within the Fort Hall Reservation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2010
Mr. Simpson (for himself and Mr. Minnick) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To settle land claims within the Fort Hall Reservation.
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 ``Blackfoot River Land Settlement Act
of 2010''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) it is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and encourage
the resolution of disputes over historical claims through
mutually agreed-upon settlements between Indian tribes and the
United States;
(2) the Shoshone-Bannock Tribes, a federally recognized
Indian tribe with tribal headquarters at Fort Hall, Idaho--
(A) adopted a tribal constitution and bylaws on
March 31, 1936, that were approved by the Secretary of
the Interior on April 30, 1936, pursuant to the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known
as the ``Indian Reorganization Act'');
(B) has entered into various treaties with the
United States, including the Second Treaty of Fort
Bridger, executed on July 3, 1868; and
(C) has maintained a continuous government-to-
government relationship with the United States since
the earliest years of the Union;
(3)(A) in 1867, President Andrew Johnson designated by
Executive order the Fort Hall Reservation for various bands of
Shoshone and Bannock Indians;
(B) the Reservation is located near the cities of Blackfoot
and Pocatello in southeastern Idaho; and
(C) article 4 of the Second Treaty of Fort Bridger secured
the Reservation as a ``permanent home'' for the Shoshone-
Bannock Tribes;
(4)(A) according to the Executive order referred to in
paragraph (3)(A), the Blackfoot River, as the river existed in
its natural state--
(i) is the northern boundary of the Reservation;
and
(ii) flows in a westerly direction along that
northern boundary; and
(B) within the Reservation, land use in the River watershed
is dominated by--
(i) rangeland;
(ii) dry and irrigated farming; and
(iii) residential development;
(5)(A) in 1964, the Corps of Engineers completed a local
flood protection project on the River--
(i) authorized by section 204 of the Flood Control
Act of 1950 (64 Stat. 170); and
(ii) sponsored by the Blackfoot River Flood Control
District No. 7;
(B) the project consisted of building levees, replacing
irrigation diversion structures, replacing bridges, and channel
realignment; and
(C) the channel realignment portion of the project severed
various parcels of land located contiguous to the River along
the boundary of the Reservation, resulting in Indian land being
located north of the Realigned River and non-Indian land being
located south of the Realigned River;
(6) beginning in 1999, the Cadastral Survey Office of the
Bureau of Land Management conducted surveys of--
(A) 25 parcels of Indian land; and
(B) 19 parcels of non-Indian land;
(7) in 1988, many non-Indian landowners and non-Indians
acquiring Indian land filed claims in the Snake River Basin
Adjudication seeking water rights that included a place of use
on Indian land; and
(8) the enactment of this Act and the distribution of funds
in accordance with section 12(b) would represent an agreement
among--
(A) the Tribes;
(B) the allottees;
(C) the non-Indians acquiring Indian land; and
(D) the non-Indian landowners.
(b) Purposes.--The purposes of this Act are--
(1) to resolve the disputes resulting from realignment of
the River by the Corps of Engineers during calendar year 1964
pursuant to the project described in subsection (a)(5)(A); and
(2) to achieve a fair, equitable, and final settlement of
all claims and potential claims arising from those disputes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Allottee.--The term ``allottee'' means an heir of an
original allottee of the Reservation who owns an interest in a
parcel of land that is--
(A) held in trust by the United States for the
benefit of the Tribes or allottee; and
(B) located north of the Realigned River within the
exterior boundaries of the Reservation.
(2) Indian land.--The term ``Indian land'' means any parcel
of land that is--
(A) held in trust by the United States for the
benefit of the Tribes or the allottees;
(B) located north of the Realigned River; and
(C) identified in exhibit C of the survey of the
Bureau of Land Management titled ``Survey of the
Blackfoot River of 2002 to 2005'', which is located
at--
(i) the Fort Hall Indian Agency office of
the Bureau of Indian Affairs; and
(ii) the Blackfoot River Flood Control
District No. 7, 75 East Judicial, Blackfoot,
Idaho.
(3) Non-indian acquiring indian land.--The term ``non-
Indian acquiring Indian land'' means any individual or entity
that--
(A) has acquired or plans to acquire Indian land;
and
(B) is included on the list in exhibit C of the
survey referred to in paragraph (2)(C).
(4) Non-indian land.--The term ``non-Indian land'' means
any parcel of fee land that is--
(A) located south of the Realigned River; and
(B) identified in exhibit B of the survey referred
to in paragraph (2)(C).
(5) Non-indian landowner.--The term ``non-Indian
landowner'' means any individual who holds fee title to non-
Indian land.
(6) Realigned river.--The term ``Realigned River'' means
that portion of the River that was realigned by the Corps of
Engineers during calendar year 1964 pursuant to the project
described in section 2(a)(5).
(7) Reservation.--The term ``Reservation'' means the Fort
Hall Reservation established by Executive order during calendar
year 1867.
(8) River.--The term ``River'' means the Blackfoot River
located in the State of Idaho.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Tribes.--The term ``Tribes'' means the Shoshone-
Bannock Tribes.
SEC. 4. EXTINGUISHMENT OF CLAIMS AND TITLE.
Except as provided in sections 5 and 6, effective beginning on the
date on which the amounts appropriated pursuant to section 12 are
distributed in accordance with that section, all claims and all past,
present, and future right, title, and interest in and to the Indian
land and non-Indian land shall be extinguished.
SEC. 5. LAND TO BE PLACED INTO TRUST FOR TRIBES.
Effective beginning on the date on which the amounts appropriated
pursuant to section 12 are distributed in accordance with that section
to the Blackfoot River Flood Control District No. 7, the non-Indian
land shall be considered to be held in trust by the United States for
the benefit of the Tribes.
SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.
Effective beginning on the date on which the amounts appropriated
pursuant to section 12 are distributed in accordance with that section
to the tribal trust fund account and the allottee trust account, the
Indian land shall be transferred to the Blackfoot River Flood Control
District No. 7 for conveyance to the non-Indians acquiring Indian land.
SEC. 7. TRIBAL TRUST FUND ACCOUNT AND ALLOTTEE TRUST ACCOUNT.
(a) Tribal Trust Fund Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``tribal trust
fund account'', consisting of such amounts as are deposited in
the account under section 12(b)(1).
(2) Investment.--The Secretary of the Treasury shall invest
amounts in the tribal trust fund account for the benefit of the
Tribes, in accordance with applicable laws and regulations.
(3) Distribution.--The Secretary of the Treasury shall
distribute amounts in the tribal trust fund account to the
Tribes pursuant to a budget adopted by the Tribes that
describes--
(A) the amounts required by the Tribes; and
(B) the intended uses of the amounts, in accordance
with paragraph (4).
(4) Use of funds.--The Tribes may use amounts in the tribal
trust fund account (including interest earned on those
amounts), without fiscal year limitation, for activities
relating to--
(A) construction of a natural resources facility;
(B) water resources needs;
(C) economic development;
(D) land acquisition; and
(E) such other purposes as the Tribes determine to
be appropriate.
(b) Allottee Trust Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``allottee
trust account'', consisting of such amounts as are deposited in
the account under section 12(b)(2).
(2) Deposit into iims.--Not later than 60 days after the
date on which amounts are deposited in the allottee trust
account under section 12(b)(2), the Secretary of the Treasury
shall deposit the amounts into individual Indian money accounts
for the allottees.
(3) Investment.--The Secretary of the Treasury shall invest
amounts in the individual Indian money accounts under paragraph
(2) in accordance with applicable laws and regulations.
SEC. 8. ATTORNEYS FEES.
(a) In General.--Subject to subsection (b), of the amounts
appropriated pursuant to section 12(a), the Secretary shall pay to the
attorneys of the Tribes and the non-Indian landowners such attorneys
fees as are approved by the Tribes and the non-Indian landowners.
(b) Limitation.--The total amount of attorneys fees paid by the
Secretary under subsection (a) shall not exceed 2 percent of the
amounts distributed to the Tribes, allottees, and the non-Indian
landowners under section 12(b).
SEC. 9. EFFECT ON ORIGINAL RESERVATION BOUNDARY.
Nothing in this Act affects the original boundary of the
Reservation, as established by Executive order during calendar year
1867 and confirmed by treaty during calendar year 1868.
SEC. 10. EFFECT ON TRIBAL WATER RIGHTS.
Nothing in this Act extinguishes or conveys any water right of the
Tribes, as established in the agreement entitled ``1990 Fort Hall
Indian Water Rights Agreement'' and ratified by section 4 of the Fort
Hall Indian Water Rights Act of 1990 (Public Law 101-602; 104 Stat.
3060).
SEC. 11. DISCLAIMERS REGARDING CLAIMS.
Nothing in this Act--
(1) affects in any manner the sovereign claim of the State
of Idaho to title in and to the beds and banks of the River
under the equal footing doctrine of the Constitution of the
United States;
(2) affects any action by the State of Idaho to establish
that title under section 2409a of title 28, United States Code
(commonly known as the ``Quiet Title Act'');
(3) affects the ability of the Tribes or the United States
to claim ownership of the beds and banks of the River; or
(4) extinguishes or conveys any water rights of non-Indian
landowners or the claims of the landowners to water rights in
the Snake River Basin Adjudication.
SEC. 12. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $1,000,000.
(b) Distribution.--After the date on which all attorneys fees are
paid under section 8, the amount appropriated pursuant to subsection
(a) shall be distributed among the Tribes, the allottees, and the
Blackfoot River Flood Control District No. 7 as follows:
(1) 28 percent shall be deposited into the tribal trust
fund account established by section 7(a)(1).
(2) 25 percent shall be deposited into the allottee trust
account established by section 7(b)(1).
(3) 47 percent shall be provided to the Blackfoot River
Flood Control District No. 7 for--
(A) distribution to the non-Indian landowners on a
pro rata, per-acre basis; and
(B) associated administrative expenses.
(c) Per Capita Payments Prohibited.--No amount received by the
Tribes under this Act shall be distributed to a member of the Tribes on
a per capita basis.
SEC. 13. EFFECTIVE DATE.
This Act takes effect on the date on which the amount described in
section 12(a) is appropriated.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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