Blackfeet Water Rights Settlement Act
This bill authorizes, ratifies, and confirms the water rights compact between the Blackfeet Tribe and Montana dated April 15, 2009, as modified to be consistent with this bill.
The tribe and the Fort Belknap Indian Community must agree on their Milk River water rights.
The U.S. Bureau of Reclamation (USBR) must: (1) enter into at least one water delivery contract with the Blackfeet Tribe for water from the St. Mary River water right, (2) review the final project design of the Swiftcurrent Creek Bank Stabilization Project and work with the tribe to carry out the project, and (3) carry out specified maintenance projects.
The tribe must grant the United States certain easements and rights-of-way.
The USBR is granted exclusive jurisdiction to authorize the development of St. Mary Unit hydroelectric power. The tribe is granted the exclusive right to develop and market such power.
Interior must allocate water stored in Lake Elwell for the tribe.
Ownership of Birch Creek water delivery facilities is transferred to the tribe.
The tribe must establish a tribal water code, subject to Interior approval.
The water rights of the tribe within the Lewis and Clark National Forest and Glacier National Park are confirmed.
The tribe and the United States must waive certain claims to water rights.
The tribe must: (1) waive claims against the United States regarding specified land and facilities, and (2) withdraw objections to U.S. water rights claims for the benefit of the Milk River Project.
The provisions of this bill expire and related actions and agreements are void if Interior does not publish specified findings or appropriations are not made.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5633 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5633
To authorize and implement the water rights compact among the Blackfeet
Tribe of the Blackfeet Indian Reservation, the State of Montana, and
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 6, 2016
Mr. Zinke introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize and implement the water rights compact among the Blackfeet
Tribe of the Blackfeet Indian Reservation, the State of Montana, and
the United States, and for other purposes.
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 ``Blackfeet Water Rights Settlement
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana for--
(A) the Blackfeet Tribe of the Blackfeet Indian
Reservation; and
(B) the United States, for the benefit of the Tribe
and allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Tribe and the State, to the extent
that the Compact is consistent with this Act;
(3) to authorize and direct the Secretary of the Interior--
(A) to execute the Compact; and
(B) to take any other action necessary to carry out
the Compact in accordance with this Act; and
(4) to authorize funds necessary for the implementation of
the Compact and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Allottee.--The term ``allottee'' means any individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(2) Birch creek agreement.--The term ``Birch Creek
Agreement'' means--
(A) the agreement between the Tribe and the State
regarding Birch Creek water use dated January 31, 2008
(as amended on February 13, 2009); and
(B) any amendment or exhibit (including exhibit
amendments) to that agreement that is executed in
accordance with this Act.
(3) Blackfeet irrigation project.--The term ``Blackfeet
Irrigation Project'' means the irrigation project authorized by
the matter under the heading ``Montana'' of title II of the Act
of March 1, 1907 (34 Stat. 1035, chapter 2285), and
administered by the Bureau of Indian Affairs.
(4) Compact.--The term ``Compact'' means--
(A) the Blackfeet-Montana water rights compact
dated April 15, 2009, as contained in section 85-20-
1501 of the Montana Code Annotated (2015); and
(B) any amendment or exhibit (including exhibit
amendments) to the Compact that is executed to make the
Compact consistent with this Act.
(5) Enforceability date.--The term ``enforceability date''
means the date described in section 20(f).
(6) Lake elwell.--The term ``Lake Elwell'' means the water
impounded on the Marias River in the State by Tiber Dam, a
feature of the Lower Marias Unit of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act of
1944'') (58 Stat. 891, chapter 665).
(7) Milk river basin.--The term ``Milk River Basin'' means
the North Fork, Middle Fork, South Fork, and main stem of the
Milk River and tributaries, from the headwaters to the
confluence with the Missouri River.
(8) Milk river project.--
(A) In general.--The term ``Milk River Project''
means the Bureau of Reclamation project conditionally
approved by the Secretary on March 14, 1903, pursuant
to the Act of June 17, 1902 (32 Stat. 388, chapter
1093), commencing at Lake Sherburne Reservoir and
providing water to a point approximately 6 miles east
of Nashua, Montana.
(B) Inclusions.--The term ``Milk River Project''
includes--
(i) the St. Mary Unit;
(ii) the Fresno Dam and Reservoir; and
(iii) the Dodson pumping unit.
(9) Milk river project water rights.--The term ``Milk River
Project water rights'' means the water rights held by the
Bureau of Reclamation on behalf of the Milk River Project, as
finally adjudicated by the Montana Water Court.
(10) Milk river water right.--The term ``Milk River water
right'' means the portion of the Tribal water rights described
in article III.F of the Compact and this Act.
(11) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River
(including tributaries).
(12) MR&I system.--The term ``MR&I System'' means the
intake, treatment, pumping, storage, pipelines, appurtenant
items, and any other feature of the system, as generally
described in the document entitled ``Blackfeet Regional Water
System'', prepared by DOWL HKM, and dated June 2010, and
modified by DOWL HKM, as set out in the addendum to the report
dated March 2013.
(13) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity associated
with the day-to-day operation of a project;
(B) any activity relating to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to replacing a feature of
a project.
(14) Reservation.--The term ``Reservation'' means the
Blackfeet Indian Reservation of Montana, as--
(A) established by the Treaty of October 17, 1855
(11 Stat. 657); and
(B) modified by--
(i) the Executive order of July 5, 1873
(relating to the Blackfeet Reserve);
(ii) the Act of April 15, 1874 (18 Stat.
28, chapter 96);
(iii) the Executive order of August 19,
1874 (relating to the Blackfeet Reserve);
(iv) the Executive order of April 13, 1875
(relating to the Blackfeet Reserve);
(v) the Executive order of July 13, 1880
(relating to the Blackfeet Reserve);
(vi) the Agreement with the Blackfeet,
ratified by the Act of May 1, 1888 (25 Stat.
113, chapter 213); and
(vii) the Agreement with the Blackfeet,
ratified by the Act of June 10, 1896 (29 Stat.
353, chapter 398).
(15) St. mary river water right.--The term ``St. Mary River
water right'' means that portion of the Tribal water rights
described in article III.G.1.a.i. of the Compact and this Act.
(16) St. mary unit.--
(A) In general.--The term ``St. Mary Unit'' means
the St. Mary Storage Unit of the Milk River Project
authorized by Congress on March 25, 1905.
(B) Inclusions.--The term ``St. Mary Unit''
includes--
(i) Sherburne Dam and Reservoir;
(ii) Swift Current Creek Dike;
(iii) Lower St. Mary Lake;
(iv) St. Mary Canal Diversion Dam; and
(v) St. Mary Canal and appurtenances.
(17) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(18) State.--The term ``State'' means the State of Montana.
(19) Swiftcurrent creek bank stabilization project.--The
term ``Swiftcurrent Creek Bank Stabilization Project'' means
the project to mitigate the physical and environmental problems
associated with the St. Mary Unit from Sherburne Dam to the St.
Mary River, as described in the report entitled ``Boulder/
Swiftcurrent Creek Stabilization Project, Phase II
Investigations Report'', prepared by DOWL HKM, and dated March
2012.
(20) Tribal water rights.--The term ``Tribal water rights''
means the water rights of the Tribe described in article III of
the Compact and this Act, including--
(A) the Lake Elwell allocation provided to the
Tribe under section 9; and
(B) the instream flow water rights described in
section 19.
(21) Tribe.--The term ``Tribe'' means the Blackfeet Tribe
of the Blackfeet Indian Reservation of Montana.
SEC. 4. RATIFICATION OF COMPACT.
(a) Ratification.--
(1) In general.--As modified by this Act, the Compact is
authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Compact is
authorized, ratified, and confirmed, to the extent that such
amendment is executed to make the Compact consistent with this
Act.
(b) Execution.--
(1) In general.--To the extent that the Compact does not
conflict with this Act, the Secretary shall execute the
Compact, including all exhibits to, or parts of, the Compact
requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act precludes the
Secretary from approving any modification to an appendix or
exhibit to the Compact that is consistent with this Act, to the
extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this Act,
the Secretary shall comply with all applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(C) all other applicable environmental laws and
regulations.
(2) Effect of execution.--
(A) In general.--The execution of the Compact by
the Secretary under this section shall not constitute a
major Federal action for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(B) Compliance.--The Secretary shall carry out all
Federal compliance activities necessary to implement
the Compact and this Act.
SEC. 5. MILK RIVER WATER RIGHT.
(a) In General.--With respect to the Milk River water right, the
Tribe--
(1) may continue the historical uses and the uses in
existence on the date of enactment of this Act; and
(2) except as provided in article III.F.1.d of the Compact,
shall not develop new uses until the date on which--
(A) the Tribe has entered into the agreement
described in subsection (c); or
(B) the Secretary has established the terms and
conditions described in subsection (e).
(b) Water Rights Arising Under State Law.--With respect to any
water rights arising under State law in the Milk River Basin owned or
acquired by the Tribe, the Tribe--
(1) may continue any use in existence on the date of
enactment of this Act; and
(2) shall not change any use until the date on which--
(A) the Tribe has entered into the agreement
described in subsection (c); or
(B) the Secretary has established the terms and
conditions described in subsection (e).
(c) Tribal Agreement.--
(1) In general.--In consultation with the Commissioner of
Reclamation and the Director of the Bureau of Indian Affairs,
the Tribe and the Fort Belknap Indian Community shall enter
into an agreement to provide for the exercise of their
respective water rights on the respective reservations of the
Tribe and the Fort Belknap Indian Community in the Milk River.
(2) Considerations.--The agreement entered into under
paragraph (1) shall take into consideration--
(A) the equal priority dates of the 2 Indian
tribes;
(B) the water supplies of the Milk River; and
(C) historical, current, and future uses identified
by each Indian tribe.
(d) Secretarial Determination.--
(1) In general.--Not later than 120 days after the date on
which the agreement described in subsection (c) is submitted to
the Secretary, the Secretary shall review and approve or
disapprove the agreement.
(2) Approval.--The Secretary shall approve the agreement if
the Secretary finds that the agreement--
(A) equitably accommodates the interests of each
Indian tribe in the Milk River;
(B) adequately considers the factors described in
subsection (c)(2); and
(C) is otherwise in accordance with applicable law.
(3) Deadline extension.--The deadline to review the
agreement described in paragraph (1) may be extended by the
Secretary after consultation with the Tribe and the Fort
Belknap Indian Community.
(e) Secretarial Decision.--
(1) In general.--If the Tribe and the Fort Belknap Indian
Community do not, by 3 years after the Secretary certifies
under section 20(f)(5) that the Tribal membership has approved
the Compact and this Act, enter into an agreement approved
under subsection d(2), the Secretary, in the Secretary's sole
discretion, shall establish, after consultation with the Tribe
and the Fort Belknap Indian Community, terms and conditions
that reflect the considerations described in subsection (c)(2)
by which the respective water rights of the Tribe and the Fort
Belknap Indian Community in the Milk River may be exercised.
(2) Consideration as final agency action.--The
establishment by the Secretary of terms and conditions under
paragraph (1) shall be considered to be a final agency action
for purposes of review under chapter 7 of title 5, United
States Code.
(3) Judicial review.--An action for judicial review
pursuant to this section shall be brought by not later than the
date that is 1 year after the date of notification of the
establishment of the terms and conditions under this
subsection.
(4) Incorporation into decrees.--The agreement under
subsection (c), or the decision of the Secretary under this
subsection, shall be filed with the Montana Water Court, or the
district court with jurisdiction, for incorporation into the
final decrees of the Tribe and the Fort Belknap Indian
Community.
(5) Effective date.--The agreement under subsection (c) and
a decision of the Secretary under this subsection--
(A) shall be effective immediately; and
(B) may not be modified absent--
(i) the approval of the Secretary; and
(ii) the consent of the Tribe and the Fort
Belknap Indian Community.
(f) Use of Funds.--The Secretary shall distribute equally the funds
made available under section 18(a)(2)(C)(ii) to the Tribe and the Fort
Belknap Indian Community to use to reach an agreement under this
section, including for technical analyses and legal and other related
efforts.
SEC. 6. WATER DELIVERY THROUGH MILK RIVER PROJECT.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation, shall carry
out the activities authorized under this section with respect to the
St. Mary River water right.
(b) Treatment.--Notwithstanding article IV.D.4 of the Compact, any
responsibility of the United States with respect to the St. Mary River
water right shall be limited to, and fulfilled pursuant to--
(1) subsection (c) of this section; and
(2) subsection (b)(3) of section 16 and subsection
(a)(1)(C) of section 18.
(c) Water Delivery Contract.--
(1) In general.--Not later than 180 days after the
enforceability date, the Secretary shall enter into a water
delivery contract with the Tribe for the delivery of not
greater than 5,000 acre-feet per year of the St. Mary River
water right through Milk River Project facilities to the Tribe
or another entity specified by the Tribe.
(2) Terms and conditions.--The contract under paragraph (1)
shall establish the terms and conditions for the water
deliveries described in paragraph (1) in accordance with the
Compact and this Act.
(3) Requirements.--The water delivery contract under
paragraph (1) shall include provisions requiring that--
(A) the contract shall be without limit as to term;
(B) the Tribe, and not the United States, shall
collect, and shall be entitled to, all consideration
due to the Tribe under any lease, contract, or
agreement entered into by the Tribe pursuant to
subsection (f);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Tribe as
consideration under any lease, contract, or
agreement entered into by the Tribe pursuant to
subsection (f); or
(ii) the expenditure of such funds;
(D) if water deliveries under the contract are
interrupted for an extended period of time because of
damage to, or a reduction in the capacity of, St. Mary
Unit facilities, the rights of the Tribe shall be
treated in the same manner as the rights of other
contractors receiving water deliveries through the Milk
River Project with respect to the water delivered under
this section;
(E) deliveries of water under this section shall
be--
(i) limited to not greater than 5,000 acre-
feet of water in any 1 year;
(ii) consistent with operations of the Milk
River Project and without additional costs to
the Bureau of Reclamation, including operation,
maintenance, and replacement costs; and
(iii) without additional cost to the Milk
River Project water users; and
(F) the Tribe shall be required to pay OM&R for
water delivered under this section.
(d) Shortage Sharing or Reduction.--
(1) In general.--The 5,000 acre-feet per year of water
delivered under paragraph (3)(E)(i) of subsection (c) shall not
be subject to shortage sharing or reduction, except as provided
in paragraph (3)(D) of that subsection.
(2) No injury to milk river project water users.--
Notwithstanding article IV.D.4 of the Compact, any reduction in
the Milk River Project water supply caused by the delivery of
water under subsection (c) shall not constitute injury to Milk
River Project water users.
(e) Subsequent Contracts.--
(1) In general.--As part of the studies authorized by
section 7(c)(1), the Secretary, acting through the Commissioner
of Reclamation, and in cooperation with the Tribe, shall
identify alternatives to provide to the Tribe water from the
St. Mary River water right in quantities greater than the 5,000
acre-feet per year of water described in subsection
(c)(3)(E)(i).
(2) Contract for water delivery.--If the Secretary
determines under paragraph (1) that more than 5,000 acre-feet
per year of the St. Mary River water right can be delivered to
the Tribe, the Secretary shall offer to enter into 1 or more
contracts with the Tribe for the delivery of that water,
subject to the requirements of subsection (c)(3), except
subsection (c)(3)(E)(i), and this subsection.
(3) Treatment.--Any delivery of water under this subsection
shall be subject to reduction in the same manner as for Milk
River Project contract holders.
(f) Subcontracts.--
(1) In general.--The Tribe may enter into any subcontract
for the delivery of water under this section to a third party,
in accordance with section 15(e).
(2) Compliance with other law.--All subcontracts described
in paragraph (1) shall comply with--
(A) this Act;
(B) the Compact;
(C) the tribal water code; and
(D) other applicable law.
(3) No liability.--The Secretary shall not be liable to any
party, including the Tribe, for any term of, or any loss or
other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(g) Effect of Provisions.--Nothing in this section--
(1) precludes the Tribe from taking the water described in
subsection (c)(3)(E)(i), or any additional water provided under
subsection (e), from the direct flow of the St. Mary River; or
(2) modifies the quantity of the Tribal water rights
described in article III.G.1. of the Compact.
(h) Other Rights.--Notwithstanding the requirements of article
III.G.1.d of the Compact, after satisfaction of all water rights under
State law for use of St. Mary River water, including the Milk River
Project water rights, the Tribe shall have the right to the remaining
portion of the share of the United States in the St. Mary River under
the International Boundary Waters Treaty of 1909 (36 Stat. 2448) for
any tribally authorized use or need consistent with this Act.
SEC. 7. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER MANAGEMENT.
(a) Milk River Project Purposes.--The purposes of the Milk River
Project shall include--
(1) irrigation;
(2) flood control;
(3) the protection of fish and wildlife;
(4) recreation;
(5) the provision of municipal, rural, and industrial water
supply; and
(6) hydroelectric power generation.
(b) Use of Milk River Project Facilities for the Benefit of
Tribe.--The use of Milk River Project facilities to transport water for
the Tribe pursuant to subsections (c) and (e) of section 6, together
with any use by the Tribe of that water in accordance with this Act--
(1) shall be considered to be an authorized purpose of the
Milk River Project; and
(2) shall not change the priority date of any Tribal water
rights.
(c) St. Mary River Studies.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, in cooperation with the Tribe
and the State, shall conduct--
(A) an appraisal study--
(i) to develop a plan for the management
and development of water supplies in the St.
Mary River Basin and Milk River Basin,
including the St. Mary River and Milk River
water supplies for the Tribe and the Milk River
water supplies for the Fort Belknap Indian
Community; and
(ii) to identify alternatives to develop
additional water of the St. Mary River for the
Tribe; and
(B) a feasibility study--
(i) using the information resulting from
the appraisal study conducted under paragraph
(1) and such other information as is relevant,
to evaluate the feasibility of--
(I) alternatives for the
rehabilitation of the St. Mary
Diversion Dam and Canal; and
(II) increased storage in Fresno
Dam and Reservoir; and
(ii) to create a cost allocation study that
is based on the authorized purposes described
in subsections (a) and (b).
(2) Cooperative agreement.--On request of the Tribe, the
Secretary shall enter into a cooperative agreement with the
Tribe with respect to the portion of the appraisal study
described in paragraph (1)(A).
(3) Costs nonreimbursable.--The cost of the studies under
this subsection shall not be--
(A) considered to be a cost of the Milk River
Project; or
(B) reimbursable in accordance with the reclamation
laws.
(d) Swiftcurrent Creek Bank Stabilization.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the Commissioner
of Reclamation, shall carry out appropriate activities
concerning the Swiftcurrent Creek Bank Stabilization Project,
including--
(A) a review of the final project design; and
(B) value engineering analyses.
(2) Modification of final design.--Prior to beginning
construction activities for the Swiftcurrent Creek Bank
Stabilization Project, on the basis of the review conducted
under paragraph (1), the Secretary shall negotiate with the
Tribe appropriate changes, if any, to the final design--
(A) to ensure compliance with applicable industry
standards;
(B) to improve the cost-effectiveness of the
Swiftcurrent Creek Bank Stabilization Project; and
(C) to ensure that the Swiftcurrent Creek Bank
Stabilization Project may be constructed using only the
amounts made available under section 18.
(3) Applicability of isdeaa.--At the request of the Tribe,
and in accordance with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary
shall enter into 1 or more agreements with the Tribe to carry
out the Swiftcurrent Bank Stabilization Project.
(e) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under this
section, subject to the condition that the total cost for the oversight
shall not exceed 4 percent of the total costs incurred under this
section.
(f) Milk River Project Rights-of-Way and Easements.--
(1) In general.--Subject to paragraphs (2) and (3), the
Tribe shall grant the United States a right-of-way on
Reservation land owned by the Tribe for all uses by the Milk
River Project (permissive or otherwise) in existence as of
December 31, 2015, including all facilities, flowage easements,
and access easements necessary for the operation and
maintenance of the Milk River Project.
(2) Agreement regarding existing uses.--The Tribe and the
Secretary shall enter into an agreement for a process to
determine the location, nature, and extent of the existing uses
referenced in this subsection. The agreement shall require
that--
(A) a panel of three individuals determine the
location, nature, and extent of existing uses necessary
for the operation and maintenance of the Milk River
Project (the ``Panel Determination''), with the Tribe
appointing one representative of the Tribe, the
Secretary appointing one representative of the
Secretary, and those two representatives jointly
appointing a third individual;
(B) if the Panel Determination is unanimous, the
Tribe grant a right-of-way to the United States for the
existing uses identified in the Panel Determination in
accordance with applicable law without additional
compensation;
(C) if the Panel Determination is not unanimous--
(i) the Secretary adopt the Panel
Determination with any amendments the Secretary
reasonably determines necessary to correct any
clear error (the ``Interior Determination''),
provided that if any portion of the Panel
Determination is unanimous, the Secretary will
not amend that portion; and
(ii) the Tribe grant a right-of-way to the
United States for the existing uses identified
in the Interior Determination in accordance
with applicable law without additional
compensation, with the agreement providing for
the timing of the grant to take into
consideration the possibility of review under
subsection (f)(5).
(3) Effect.--Determinations made under this subsection--
(A) do not address title as between the United
States and the Tribe; and
(B) do not apply to any new use of Reservation land
by the United States for the Milk River Project after
December 31, 2015.
(4) Interior determination as final agency action.--Any
determination by the Secretary under paragraph (2)(C) shall be
considered to be a final agency action for purposes of review
under chapter 7 of title 5, United States Code.
(5) Judicial review.--An action for judicial review
pursuant to this section shall be brought by not later than the
date that is 1 year after the date of notification of the
Interior Determination.
(g) Funding.--The total amount of obligations incurred by the
Secretary shall not exceed--
(1) $3,800,000 to carry out subsection (c);
(2) $20,700,000 to carry out subsection (d); and
(3) $3,100,000 to carry out subsection (f).
SEC. 8. ST. MARY CANAL HYDROELECTRIC POWER GENERATION.
(a) Bureau of Reclamation Jurisdiction.--Effective beginning on the
date of enactment of this Act, the Commissioner of Reclamation shall
have exclusive jurisdiction to authorize the development of hydropower
on the St. Mary Unit.
(b) Rights of Tribe.--
(1) Exclusive right of tribe.--Subject to paragraph (2) and
notwithstanding any other provision of law, the Tribe shall
have the exclusive right to develop and market hydroelectric
power of the St. Mary Unit.
(2) Limitations.--The exclusive right described in
paragraph (1)--
(A) shall expire on the date that is 15 years after
the date of enactment of an Act appropriating funds for
rehabilitation of the St. Mary Unit; but
(B) may be extended by the Secretary at the request
of the Tribe.
(3) OM&R costs.--Effective beginning on the date that is 10
years after the date on which the Tribe begins marketing
hydroelectric power generated from the St. Mary Unit to any
third party, the Tribe shall make annual payments for
operation, maintenance, and replacement costs attributable to
the direct use of any facilities by the Tribe for hydroelectric
power generation, in amounts determined in accordance with the
guidelines and methods of the Bureau of Reclamation for
assessing operation, maintenance, and replacement charges.
(c) Bureau of Reclamation Cooperation.--The Commissioner of
Reclamation shall cooperate with the Tribe in the development of any
hydroelectric power generation project under this section.
(d) Agreement.--Before construction of a hydroelectric power
generation project under this section, the Tribe shall enter into an
agreement with the Commissioner of Reclamation that includes
provisions--
(1) requiring that--
(A) the design, construction, and operation of the
project shall be consistent with the Bureau of
Reclamation guidelines and methods for hydroelectric
power development at Bureau facilities, as appropriate;
and
(B) the hydroelectric power generation project will
not impair the efficiencies of the Milk River Project
for authorized purposes;
(2) regarding construction and operating criteria and
emergency procedures; and
(3) under which any modification proposed by the Tribe to a
facility owned by the Bureau of Reclamation shall be subject to
review and approval by the Secretary, acting through the
Commissioner of Reclamation.
(e) Use of Hydroelectric Power by Tribe.--Any hydroelectric power
generated in accordance with this section shall be used or marketed by
the Tribe.
(f) Revenues.--The Tribe shall collect and retain any revenues from
the sale of hydroelectric power generated by a project under this
section.
(g) Liability of United States.--The United States shall have no
obligation to monitor, administer, or account for--
(1) any revenues received by the Tribe under this section;
or
(2) the expenditure of those revenues.
(h) Preference.--During any period for which the exclusive right of
the Tribe described in subsection (b)(1) is not in effect, the Tribe
shall have a preference to develop hydropower on the St. Mary Unit
facilities, in accordance with Bureau of Reclamation guidelines and
methods for hydroelectric power development at Bureau facilities.
SEC. 9. STORAGE ALLOCATION FROM LAKE ELWELL.
(a)(1) Storage Allocation to Tribe.--The Secretary shall allocate
to the Tribe 45,000 acre-feet per year of water stored in Lake Elwell
for use by the Tribe for any beneficial purpose on or off the
Reservation, under a water right held by the United States and managed
by the Bureau of Reclamation, as measured at the outlet works of Tiber
Dam or through direct pumping from Lake Elwell.
(2) Reduction.--Up to 10,000 acre-feet per year of water allocated
to the Tribe pursuant to paragraph (1) will be subject to an acre-foot
for acre-foot reduction if depletions from the Tribal water rights
above Lake Elwell exceed 88,000 acre-feet per year of water because of
New Development (as defined in article II.37 of the Compact).
(b) Treatment.--
(1) In general.--The allocation to the Tribe under
subsection (a) shall be considered to be part of the Tribal
water rights.
(2) Priority date.--The priority date of the allocation to
the Tribe under subsection (a) shall be the priority date of
the Lake Elwell water right held by the Bureau of Reclamation.
(3) Administration.--The Tribe shall administer the water
allocated under subsection (a) in accordance with the Compact
and this Act.
(c) Allocation Agreement.--
(1) In general.--As a condition of receiving an allocation
under this section, the Tribe shall enter into an agreement
with the Secretary to establish the terms and conditions of the
allocation, in accordance with the Compact and this Act.
(2) Inclusions.--The agreement under paragraph (1) shall
include provisions establishing that--
(A) the agreement shall be without limit as to
term;
(B) the Tribe, and not the United States, shall be
entitled to all consideration due to the Tribe under
any lease, contract, or agreement entered into by the
Tribe pursuant to subsection (d);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Tribe as
consideration under any lease, contract, or
agreement entered into by the Tribe pursuant to
subsection (d); or
(ii) the expenditure of those funds;
(D) if the capacity or function of Lake Elwell
facilities are significantly reduced, or are
anticipated to be significantly reduced, for an
extended period of time, the Tribe shall have the same
rights as other storage contractors with respect to the
allocation under this section;
(E) the costs associated with the construction of
the storage facilities at Tiber Dam allocable to the
Tribe shall be nonreimbursable;
(F) no water service capital charge shall be due or
payable for any water allocated to the Tribe pursuant
to this section or the allocation agreement, regardless
of whether that water is delivered for use by the Tribe
or under a lease, contract, or by agreement entered
into by the Tribe pursuant to subsection (d);
(G) the Tribe shall not be required to make
payments to the United States for any water allocated
to the Tribe under this Act or the allocation
agreement, except for each acre-foot of stored water
leased or transferred for industrial purposes as
described in subparagraph (H);
(H) for each acre-foot of stored water leased or
transferred by the Tribe for industrial purposes--
(i) the Tribe shall pay annually to the
United States an amount necessary to cover the
proportional share of the annual operation,
maintenance, and replacement costs allocable to
the quantity of water leased or transferred by
the Tribe for industrial purposes; and
(ii) the annual payments of the Tribe shall
be reviewed and adjusted, as appropriate, to
reflect the actual operation, maintenance, and
replacement costs for Tiber Dam; and
(I) the adjustment process identified in subsection
(a)(1) will be based on specific enumerated provisions.
(d) Agreements by Tribe.--The Tribe may use, lease, contract,
exchange, or enter into other agreements for use of the water allocated
to the Tribe under subsection (a), if--
(1) the use of water that is the subject of such an
agreement occurs within the Missouri River Basin; and
(2) the agreement does not permanently alienate any portion
of the water allocated to the Tribe under subsection (a).
(e) Effective Date.--The allocation under subsection (a) takes
effect on the enforceability date.
(f) No Carryover Storage.--The allocation under subsection (a)
shall not be increased by any year-to-year carryover storage.
(g) Development and Delivery Costs.--The United States shall not be
required to pay the cost of developing or delivering any water
allocated under this section.
SEC. 10. IRRIGATION ACTIVITIES.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation and in
accordance with subsection (c), shall carry out the following actions
relating to the Blackfeet Irrigation Project:
(1) Deferred maintenance.
(2) Dam safety improvements for Four Horns Dam.
(3) Rehabilitation and enhancement of the Four Horns Feeder
Canal, Dam, and Reservoir.
(b) Lead Agency.--The Bureau of Reclamation shall serve as the lead
agency with respect to any activities carried out under this section.
(c) Scope of Deferred Maintenance Activities and Four Horns Dam
Safety Improvements.--
(1) In general.--Subject to the conditions described in
paragraph (2), the scope of the deferred maintenance activities
and Four Horns Dam safety improvements shall be as generally
described in--
(A) the document entitled ``Engineering Evaluation
and Condition Assessment, Blackfeet Irrigation
Project'', prepared by DOWL HKM, and dated August 2007;
and
(B) the provisions relating to Four Horns
Rehabilitated Dam of the document entitled ``Four Horns
Dam Enlarged Appraisal Evaluation Design Report'',
prepared by DOWL HKM, and dated April 2007.
(2) Conditions.--The conditions referred to in paragraph
(1) are that, before commencing construction activities, the
Secretary shall--
(A) review the design of the proposed
rehabilitation or improvement;
(B) perform value engineering analyses;
(C) perform appropriate Federal environmental
compliance activities; and
(D) ensure that the deferred maintenance activities
and dam safety improvements may be constructed using
only the amounts made available under section 18.
(d) Scope of Rehabilitation and Enhancement of Four Horns Feeder
Canal, Dam, and Reservoir.--
(1) In general.--The scope of the rehabilitation and
improvements shall be as generally described in the document
entitled ``Four Horns Feeder Canal Rehabilitation with
Export'', prepared by DOWL HKM, and dated April 2013, subject
to the condition that, before commencing construction
activities, the Secretary shall--
(A) review the design of the proposed
rehabilitation or improvement;
(B) perform value engineering analyses;
(C) perform appropriate Federal environmental
compliance activities; and
(D) ensure that the rehabilitation and improvements
may be constructed using only the amounts made
available under section 18.
(2) Inclusions.--The activities carried out by the
Secretary under this subsection shall include--
(A) the rehabilitation or improvement of the Four
Horns feeder canal system to a capacity of not fewer
than 360 cubic feet per second;
(B) the rehabilitation or improvement of the outlet
works of Four Horns Dam and Reservoir to deliver not
less than 15,000 acre-feet of water per year, in
accordance with subparagraph (C); and
(C) construction of facilities to deliver not less
than 15,000 acre-feet of water per year from Four Horns
Dam and Reservoir, to a point on or near Birch Creek to
be designated by the Tribe and the State for delivery
of water to the water delivery system of the Pondera
County Canal and Reservoir Company on Birch Creek, in
accordance with the Birch Creek Agreement.
(3) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes to the final design of any
activity under this subsection to ensure that the final design
meets applicable industry standards.
(e) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section shall not exceed $54,900,000, of
which--
(1) $40,900,000 shall be allocated to carry out the
activities described in subsection (c); and
(2) $14,000,000 shall be allocated to carry out the
activities described in subsection (d)(2).
(f) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(g) Non-Federal Contribution.--No part of the project under
subsection (d) shall be commenced until the State has made available
$20,000,000 to carry out the activities described in subsection (d)(2).
(h) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under subsection
(m), subject to the condition that the total cost for the oversight
shall not exceed 4 percent of the total project costs for each project.
(i) Project Efficiencies.--If the total cost of planning, design,
and construction activities relating to the projects described in this
section results in cost savings and is less than the amounts authorized
to be obligated, the Secretary, at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 7(d), 11, 12, or 13; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(j) Ownership by Tribe of Birch Creek Delivery Facilities.--
Notwithstanding any other provision of law, the Secretary shall
transfer to the Tribe, at no cost, title in and to the facilities
constructed under subsection (d)(2)(C).
(k) Ownership, Operation, and Maintenance.--On transfer to the
Tribe of title under subsection (j), the Tribe shall--
(1) be responsible for OM&R in accordance with the Birch
Creek Agreement; and
(2) enter into an agreement with the Bureau of Indian
Affairs regarding the operation of the facilities described in
that subsection.
(l) Liability of United States.--The United States shall have no
obligation or responsibility with respect the facilities described in
subsection (d)(2)(C).
(m) Applicability of ISDEAA.--At the request of the Tribe, and in
accordance with the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more
agreements with the Tribe to carry out this section.
(n) Effect.--Nothing in this section--
(1) alters any applicable law (including regulations) under
which the Bureau of Indian Affairs collects assessments or
carries out Blackfeet Irrigation Project OM&R; or
(2) impacts the availability of amounts made available
under subsection (a)(1)(B) of section 18.
SEC. 11. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation, shall plan,
design, and construct the water diversion and delivery features of the
MR&I System in accordance with 1 or more agreements between the
Secretary and the Tribe.
(b) Lead Agency.--The Bureau of Reclamation shall serve as the lead
agency with respect to any activity to design and construct the water
diversion and delivery features of the MR&I System.
(c) Scope.--
(1) In general.--The scope of the design and construction
under this section shall be as generally described in the
document entitled ``Blackfeet Regional Water System'', prepared
by DOWL HKM, dated June 2010, and modified by DOWL HKM in the
addendum to the report dated March 2013, subject to the
condition that, before commencing final design and construction
activities, the Secretary shall--
(A) review the design of the proposed
rehabilitation and construction;
(B) perform value engineering analyses; and
(C) perform appropriate Federal compliance
activities.
(2) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes, if any, to the final
design--
(A) to ensure that the final design meets
applicable industry standards;
(B) to improve the cost-effectiveness of the
delivery of MR&I System water; and
(C) to ensure that the MR&I System may be
constructed using only the amounts made available under
section 18.
(d) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(e) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section shall not exceed $76,200,000.
(f) Non-Federal Contribution.--
(1) Consultation.--Before completion of the final design of
the MR&I System required by subsection (c), the Secretary shall
consult with the Tribe, the State, and other affected non-
Federal parties to discuss the possibility of receiving non-
Federal contributions for the cost of the MR&I System.
(2) Negotiations.--If, based on the extent to which non-
Federal parties are expected to use the MR&I System, a non-
Federal contribution to the MR&I System is determined by the
parties described in paragraph (1) to be appropriate, the
Secretary shall initiate negotiations for an agreement
regarding the means by which the contributions shall be
provided.
(g) Ownership by Tribe.--Title to the MR&I System and all
facilities rehabilitated or constructed under this section shall be
held by the Tribe.
(h) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under this
section, subject to the condition that the total cost for the oversight
shall not exceed 4 percent of the total costs incurred under this
section.
(i) OM&R Costs.--The Federal Government shall have no obligation to
pay for the operation, maintenance, or replacement costs for any
facility rehabilitated or constructed under this section.
(j) Project Efficiencies.--If the total cost of planning, design,
and construction activities relating to the projects described in this
section results in cost savings and is less than the amounts authorized
to be obligated, the Secretary, at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 7(d), 10, 11(a), 12, or 13; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(k) Applicability of ISDEAA.--At the request of the Tribe, and in
accordance with the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more
agreements with the Tribe to carry out this section.
SEC. 12. DESIGN AND CONSTRUCTION OF WATER STORAGE AND IRRIGATION
FACILITIES.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation, shall plan,
design, and construct 1 or more facilities to store water and support
irrigation on the Reservation in accordance with 1 or more agreements
between the Secretary and the Tribe.
(b) Lead Agency.--The Bureau of Reclamation shall serve as the lead
agency with respect to any activity to design and construct the
irrigation development and water storage facilities described in
subsection (c).
(c) Scope.--
(1) In general.--The scope of the design and construction
under this section shall be as generally described in the
document entitled ``Blackfeet Water Storage, Development, and
Project Report'', prepared by DOWL HKM, and dated March 13,
2013, as modified and agreed to by the Secretary and the Tribe,
subject to the condition that, before commencing final design
and construction activities, the Secretary shall--
(A) review the design of the proposed construction;
(B) perform value engineering analyses; and
(C) perform appropriate Federal compliance
activities.
(2) Modification.--The Secretary may modify the scope of
construction for the projects described in the document
referred to in paragraph (1), if--
(A) the modified project is--
(i) similar in purpose to the proposed
projects; and
(ii) consistent with the purposes of this
Act; and
(B) the Secretary has consulted with the Tribe
regarding any modification.
(3) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes, if any, to the final
design--
(A) to ensure that the final design meets
applicable industry standards;
(B) to improve the cost-effectiveness of any
construction; and
(C) to ensure that the projects may be constructed
using only the amounts made available under section 18.
(d) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(e) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section shall not exceed $87,300,000.
(f) Ownership by Tribe.--Title to all facilities rehabilitated or
constructed under this section shall be held by the Tribe, except that
title to the Birch Creek Unit of the Blackfeet Indian Irrigation
Project shall remain with the Bureau of Indian Affairs.
(g) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under this
section, subject to the condition that the total cost for the oversight
shall not exceed 4 percent of the total costs incurred under this
section.
(h) OM&R Costs.--The Federal Government shall have no obligation to
pay for the operation, maintenance, or replacement costs for the
facilities rehabilitated or constructed under this section.
(i) Project Efficiencies.--If the total cost of planning, design,
and construction activities relating to the projects described in this
section results in cost savings and is less than the amounts authorized
to be obligated, the Secretary, at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 7(d), 10, 11, or 13; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(j) Applicability of ISDEAA.--At the request of the Tribe, and in
accordance with the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more
agreements with the Tribe to carry out this section.
SEC. 13. BLACKFEET WATER, STORAGE, AND DEVELOPMENT PROJECTS.
(a) In General.--
(1) Scope.--The scope of the construction under this
section shall be as generally described in the document
entitled ``Blackfeet Water Storage, Development, and Project
Report'', prepared by DOWL HKM, and dated March 13, 2013, as
modified and agreed to by the Secretary and the Tribe.
(2) Modification.--The Tribe may modify the scope of the
projects described in the document referred to in paragraph (1)
if--
(A) the modified project is--
(i) similar to the proposed project; and
(ii) consistent with the purposes of this
Act; and
(B) the modification is approved by the Secretary.
(b) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(c) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section shall not exceed $91,000,000.
(d) OM&R Costs.--The Federal Government shall have no obligation to
pay for the operation, maintenance, or replacement costs for the
facilities rehabilitated or constructed under this section.
(e) Ownership by Tribe.--Title to any facility constructed under
this section shall be held by the Tribe.
SEC. 14. EASEMENTS AND RIGHTS-OF-WAY.
(a) Tribal Easements and Rights-of-Way.--
(1) In general.--On request of the Secretary, the Tribe
shall grant, at no cost to the United States, such easements
and rights-of-way over tribal land as are necessary for the
construction of the projects authorized by sections 10 and 11.
(2) Jurisdiction.--An easement or right-of-way granted by
the Tribe pursuant to paragraph (1) shall not affect in any
respect the civil or criminal jurisdiction of the Tribe over
the easement or right-of-way.
(b) Landowner Easements and Rights-of-Way.--In partial
consideration for the construction activities authorized by section 11,
and as a condition of receiving service from the MR&I System, a
landowner shall grant, at no cost to the United States or the Tribe,
such easements and rights-of-way over the land of the landowner as may
be necessary for the construction of the MR&I System.
(c) Land Acquired by United States or Tribe.--Any land acquired
within the boundaries of the Reservation by the United States on behalf
of the Tribe, or by the Tribe on behalf of the Tribe, in connection
with achieving the purposes of this Act shall be held in trust by the
United States for the benefit of the Tribe.
SEC. 15. TRIBAL WATER RIGHTS.
(a) Confirmation of Tribal Water Rights.--
(1) In general.--The Tribal water rights are ratified,
confirmed, and declared to be valid.
(2) Use.--Any use of the Tribal water rights shall be
subject to the terms and conditions of the Compact and this
Act.
(3) Conflict.--In the event of a conflict between the
Compact and this Act, the provisions of this Act shall control.
(b) Intent of Congress.--It is the intent of Congress to provide to
each allottee benefits that are equivalent to, or exceed, the benefits
the allottees possess on the day before the date of enactment of this
Act, taking into consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and this
Act;
(2) the availability of funding under this Act and from
other sources;
(3) the availability of water from the Tribal water rights;
and
(4) the applicability of section 7 of the Act of February
8, 1887 (25 U.S.C. 381), and this Act to protect the interests
of allottees.
(c) Trust Status of Tribal Water Rights.--The Tribal water rights--
(1) shall be held in trust by the United States for the use
and benefit of the Tribe and the allottees in accordance with
this Act; and
(2) shall not be subject to forfeiture or abandonment.
(d) Allottees.--
(1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the Tribal water rights.
(2) Entitlement to water.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the Tribal
water rights.
(3) Allocations.--An allottee shall be entitled to a just
and equitable allocation of water for irrigation purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any
claim against the United States under section 7 of the
Act of February 8, 1887 (25 U.S.C. 381), or any other
applicable law, an allottee shall exhaust remedies
available under the tribal water code or other
applicable tribal law.
(B) Action for relief.--After the exhaustion of all
remedies available under the tribal water code or other
applicable tribal law, an allottee may seek relief
under section 7 of the Act of February 8, 1887 (25
U.S.C. 381), or other applicable law.
(5) Authority of secretary.--The Secretary shall have the
authority to protect the rights of allottees in accordance with
this section.
(e) Authority of Tribe.--
(1) In general.--The Tribe shall have the authority to
allocate, distribute, and lease the Tribal water rights for any
use on the Reservation in accordance with the Compact, this
Act, and applicable Federal law.
(2) Off-reservation use.--The Tribe may allocate,
distribute, and lease the Tribal water rights for off-
Reservation use in accordance with the Compact, subject to the
approval of the Secretary.
(3) Land leases by allottees.--Notwithstanding paragraph
(1), an allottee may lease any interest in land held by the
allottee, together with any water right determined to be
appurtenant to the interest in land, in accordance with the
tribal water code.
(f) Tribal Water Code.--
(1) In general.--Notwithstanding article IV.C.1. of the
Compact, not later than 4 years after the date on which the
Tribe ratifies the Compact in accordance with this Act, the
Tribe shall enact a tribal water code that provides for--
(A) the management, regulation, and governance of
all uses of the Tribal water rights in accordance with
the Compact and this Act; and
(B) establishment by the Tribe of conditions,
permit requirements, and other requirements for the
allocation, distribution, or use of the Tribal water
rights in accordance with the Compact and this Act.
(2) Inclusions.--Subject to the approval of the Secretary,
the tribal water code shall provide--
(A) that use of water by allottees shall be
satisfied with water from the Tribal water rights;
(B) a process by which an allottee may request that
the Tribe provide water for irrigation use in
accordance with this Act, including the provision of
water under any allottee lease under section 4 of the
Act of June 25, 1910 (25 U.S.C. 403);
(C) a due process system for the consideration and
determination by the Tribe of any request by an
allottee (or a successor in interest to an allottee)
for an allocation of water for irrigation purposes on
allotted land, including a process for--
(i) appeal and adjudication of any denied
or disputed distribution of water; and
(ii) resolution of any contested
administrative decision; and
(D) a requirement that any allottee asserting a
claim relating to the enforcement of rights of the
allottee under the tribal water code, or to the
quantity of water allocated to land of the allottee,
shall exhaust all remedies available to the allottee
under tribal law before initiating an action against
the United States or petitioning the Secretary pursuant
to subsection (d)(4)(B).
(3) Action by secretary.--
(A) In general.--During the period beginning on the
date of enactment of this Act and ending on the date on
which a tribal water code described in paragraphs (1)
and (2) is enacted, the Secretary shall administer,
with respect to the rights of allottees, the Tribal
water rights in accordance with this Act.
(B) Approval.--The tribal water code described in
paragraphs (1) and (2) shall not be valid unless--
(i) the provisions of the tribal water code
required by paragraph (2) are approved by the
Secretary; and
(ii) each amendment to the tribal water
code that affects a right of an allottee is
approved by the Secretary.
(C) Approval period.--
(i) In general.--The Secretary shall
approve or disapprove the tribal water code or
an amendment to the tribal water code not later
than 180 days after the date on which the
tribal water code or amendment is submitted to
the Secretary.
(ii) Extension.--The deadline described in
clause (i) may be extended by the Secretary
after consultation with the Tribe.
(g) Administration.--
(1) No alienation.--The Tribe shall not permanently
alienate any portion of the Tribal water rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this Act for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this Act shall be considered to satisfy any
requirement for authorization of the action by treaty or
convention imposed by section 2116 of the Revised Statutes (25
U.S.C. 177).
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal water rights by a lessee or contractor
shall not result in the forfeiture, abandonment,
relinquishment, or other loss of all or any portion of the
Tribal water rights.
(h) Effect.--Except as otherwise expressly provided in this
section, nothing in this Act--
(1) authorizes any action by an allottee against any
individual or entity, or against the Tribe, under Federal,
State, tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
SEC. 16. BLACKFEET SETTLEMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the ``Blackfeet Settlement
Trust Fund'' (referred to in this section as the ``Trust Fund''), to be
managed, invested, and distributed by the Secretary and to remain
available until expended, consisting of the amounts deposited in the
Trust Fund under subsection (c), together with any interest earned on
those amounts, for the purpose of carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Trust Fund the
following accounts:
(1) The Administration and Energy Account.
(2) The OM&R Account.
(3) The St. Mary Account.
(4) The Blackfeet Water, Storage, and Development Projects
Account.
(c) Deposits.--The Secretary shall deposit in the Trust Fund--
(1) in the Administration and Energy Account, the amount
made available pursuant to section 18(a)(1)(A);
(2) in the OM&R Account, the amount made available pursuant
to section 18(a)(1)(B);
(3) in the St. Mary Account, the amount made available
pursuant to section 18(a)(1)(C); and
(4) in the Blackfeet Water, Storage, and Development
Projects Account, the amount made available pursuant to section
18(a)(1)(D).
(d) Management.--The Secretary shall manage, invest, and distribute
all amounts in the Trust Fund in a manner that is consistent with the
investment authority of the Secretary under--
(1) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(2) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(3) this section.
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, shall be
made available to the Tribe by the Secretary beginning on the
enforceability date.
(2) Funding for tribal implementation activities.--
Notwithstanding paragraph (1), on approval pursuant to this Act
and the Compact by a referendum vote of a majority of votes
cast by members of the Tribe on the day of the vote, as
certified by the Secretary and the Tribe and subject to the
availability of appropriations, of the amounts in the
Administration and Energy Account, $4,800,000 shall be made
available to the Tribe for the implementation of this Act.
(f) Withdrawals Under AIFRMRA.--
(1) In general.--The Tribe may withdraw any portion of the
funds in the Trust Fund on approval by the Secretary of a
tribal management plan submitted by the Tribe in accordance
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(2) Requirements.--
(A) In general.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan under paragraph (1) shall require that
the Tribe shall spend all amounts withdrawn from the
Trust Fund in accordance with this Act.
(B) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce the tribal
management plan to ensure that amounts withdrawn by the
Tribe from the Trust Fund under this subsection are
used in accordance with this Act.
(g) Withdrawals Under Expenditure Plan.--
(1) In general.--The Tribe may submit to the Secretary a
request to withdraw funds from the Trust Fund pursuant to an
approved expenditure plan.
(2) Requirements.--To be eligible to withdraw funds under
an expenditure plan under paragraph (1), the Tribe shall submit
to the Secretary for approval an expenditure plan for any
portion of the Trust Fund that the Tribe elects to withdraw
pursuant to this subsection, subject to the condition that the
funds shall be used for the purposes described in this Act.
(3) Inclusions.--An expenditure plan under this subsection
shall include a description of the manner and purpose for which
the amounts proposed to be withdrawn from the Trust Fund will
be used by the Tribe, in accordance with subsection (h).
(4) Approval.--On receipt of an expenditure plan under this
subsection, the Secretary shall approve the plan, if the
Secretary determines that the plan--
(A) is reasonable; and
(B) is consistent with, and will be used for, the
purposes of this Act.
(5) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan to ensure that amounts
disbursed under this subsection are used in accordance with
this Act.
(h) Uses.--Amounts from the Trust Fund shall be used by the Tribe
for the following purposes:
(1) The Administration and Energy Account shall be used for
administration of the Tribal water rights and energy
development projects under this Act and the Compact.
(2) The OM&R Account shall be used to assist the Tribe in
paying OM&R costs.
(3) The St. Mary Account shall be distributed pursuant to
an expenditure plan approved under subsection (g), subject to
the conditions that--
(A) during the period for which the amount is
available and held by the Secretary, $500,000 shall be
distributed to the Tribe annually as compensation for
the deferral of the St. Mary water right; and
(B) any additional amounts deposited in the account
may be withdrawn and used by the Tribe to pay OM&R
costs or other expenses for 1 or more projects to
benefit the Tribe, as approved by the Secretary,
subject to the requirement that the Secretary shall not
approve an expenditure plan under this paragraph unless
the Tribe provides a resolution of the tribal council--
(i) approving the withdrawal of the funds
from the account; and
(ii) acknowledging that the Secretary will
not be able to distribute funds under
subparagraph (A) indefinitely if the principal
funds in the account are reduced.
(4) The Blackfeet Water, Storage, and Development Projects
Account shall be used to carry out section 13.
(i) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from the Trust Fund by the Tribe under subsection (f) or (g).
(j) No Per Capita Distributions.--No portion of the Trust Fund
shall be distributed on a per capita basis to any member of the Tribe.
(k) Deposit of Funds.--On request by the Tribe, the Secretary may
deposit amounts from an account described in paragraph (1), (2), or (4)
of subsection (b) to any other account the Secretary determines to be
appropriate.
SEC. 17. BLACKFEET WATER SETTLEMENT IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a nontrust, interest-bearing account, to be known as the
``Blackfeet Water Settlement Implementation Fund'' (referred to in this
section as the ``Implementation Fund''), to be managed and distributed
by the Secretary, for use by the Secretary for carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Implementation
Fund the following accounts:
(1) The MR&I System, Irrigation, and Water Storage Account.
(2) The Blackfeet Irrigation Project Deferred Maintenance
and Four Horns Dam Safety Improvements Account.
(3) The St. Mary/Milk Water Management and Activities Fund.
(c) Deposits.--The Secretary shall deposit in the Implementation
Fund--
(1) in the MR&I System, Irrigation, and Water Storage
Account, the amount made available pursuant to section
18(a)(2)(A);
(2) in the Blackfeet Irrigation Project Deferred
Maintenance and Four Horns Dam Safety Improvements Account, the
amount made available pursuant to section 18(a)(2)(B); and
(3) in the St. Mary/Milk Water Management and Activities
Fund, the amount made available pursuant to section
18(a)(2)(C).
(d) Uses.--
(1) MR&I system, irrigation, and water storage account.--
The MR&I System, Irrigation, and Water Storage Account shall be
used to carry out sections 11 and 12.
(2) Blackfeet irrigation project deferred maintenance and
four horns dam safety improvements account.--The Blackfeet
Irrigation Project Deferred Maintenance and Four Horns Dam
Safety Improvements Account shall be used to carry out section
10.
(3) St. mary/milk water management and activities
account.--The St. Mary/Milk Water Management and Activities
Account shall be used to carry out sections 5 and 7.
(e) Management.--Amounts in the Implementation Fund shall not be
available to the Secretary for expenditure until the enforceability
date.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated to the Secretary--
(1) as adjusted on appropriation to reflect changes since
April 2010 in the Consumer Price Index for All Urban Consumers
West Urban 50,000 to 1,500,000 index for the amount
appropriated--
(A) for deposit in the Administration and Energy
Account of the Blackfeet Settlement Trust Fund
established under section 16(b)(1), $28,900,000;
(B) for deposit in the OM&R Account of the
Blackfeet Settlement Trust Fund established under
section 16(b)(2), $27,760,000;
(C) for deposit in the St. Mary Account of the
Blackfeet Settlement Trust Fund established under
section 16(b)(3), $27,800,000; and
(D) for deposit in the Blackfeet Water, Storage,
and Development Projects Account of the Blackfeet
Settlement Trust Fund established under section
16(b)(4), $91,000,000; and
(2) as adjusted annually to reflect changes since April
2010 in the Bureau of Reclamation Construction Cost Trends
Index applicable to the types of construction involved--
(A) for deposit in the MR&I System, Irrigation, and
Water Storage Account of the Blackfeet Water Settlement
Implementation Fund established under section 17(b)(1),
$163,500,000;
(B) for deposit in the Blackfeet Irrigation Project
Deferred Maintenance, Four Horns Dam Safety, and
Rehabilitation and Enhancement of the Four Horns Feeder
Canal, Dam, and Reservoir Improvements Account of the
Blackfeet Water Settlement Implementation Fund
established under section 17(b)(2), $54,900,000, of
which--
(i) $40,900,000 shall be made available for
activities and projects under section 10(c);
and
(ii) $14,000,000 shall be made available
for activities and projects under section
10(d)(2); and
(C) for deposit in the St. Mary/Milk Water
Management and Activities Account of the Blackfeet
Water Settlement Implementation Fund established under
section 17(b)(3), $28,100,000, of which--
(i) $27,600,000 shall be allocated in
accordance with section 7(g); and
(ii) $500,000 shall be used to carry out
section 5.
(b) Adjustments.--
(1) In general.--The adjustment of the amounts authorized
to be appropriated pursuant to subsection (a)(1) shall occur
each time an amount is appropriated for an account and shall
add to, or subtract from, as applicable, the total amount
authorized.
(2) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has been
appropriated.
(3) Treatment.--The amount of an adjustment may be
considered--
(A) to be authorized as of the date on which
congressional action occurs; and
(B) in determining the amount authorized to be
appropriated.
SEC. 19. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST AND GLACIER
NATIONAL PARK.
The instream flow water rights of the Tribe on land within the
Lewis and Clark National Forest and Glacier National Park--
(1) are confirmed; and
(2) shall be as described in the document entitled
``Stipulation to Address Claims by and for the Benefit of the
Blackfeet Indian Tribe to Water Rights in the Lewis & Clark
National Forest and Glacier National Park,'' dated ______, and
as finally decreed by the Montana Water Court, or, if the
Montana Water Court is found to lack jurisdiction, by the
United States district court with jurisdiction.
SEC. 20. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waiver and release of claims by tribe and united states
as trustee for tribe.--Subject to the reservation of rights and
retention of claims under subsection (c), as consideration for
recognition of the Tribal water rights and other benefits as
described in the Compact and this Act, the Tribe, acting on
behalf of the Tribe and members of the Tribe (but not any
member of the Tribe as an allottee), and the United States,
acting as trustee for the Tribe and the members of the Tribe
(but not any member of the Tribe as an allottee), shall execute
a waiver and release of all claims for water rights within the
State that the Tribe, or the United States acting as trustee
for the Tribe, asserted or could have asserted in any
proceeding, including a State stream adjudication, on or before
the enforceability date, except to the extent that such rights
are recognized in the Compact and this Act.
(2) Waiver and release of claims by united states as
trustee for allottees.--Subject to the reservation of rights
and the retention of claims under subsection (c), as
consideration for recognition of the Tribal water rights and
other benefits as described in the Compact and this Act, the
United States, acting as trustee for allottees, shall execute a
waiver and release of all claims for water rights within the
Reservation that the United States, acting as trustee for the
allottees, asserted or could have asserted in any proceeding,
including a State stream adjudication, on or before the
enforceability date, except to the extent that such rights are
recognized in the Compact and this Act.
(3) Waiver and release of claims by tribe against united
states.--Subject to the reservation of rights and retention of
claims under subsection (d), the Tribe, acting on behalf of the
Tribe and members of the Tribe (but not any member of the Tribe
as an allottee), shall execute a waiver and release of all
claims against the United States (including any agency or
employee of the United States)--
(A) relating to--
(i) water rights within the State that the
United States, acting as trustee for the Tribe,
asserted or could have asserted in any
proceeding, including a stream adjudication in
the State, except to the extent that such
rights are recognized as Tribal water rights
under this Act;
(ii) damage, loss, or injury to water,
water rights, land, or natural resources due to
loss of water or water rights (including
damages, losses, or injuries to hunting,
fishing, gathering, or cultural rights due to
loss of water or water rights, claims relating
to interference with, diversion, or taking of
water, or claims relating to failure to
protect, acquire, replace, or develop water,
water rights, or water infrastructure) within
the State that first accrued at any time on or
before the enforceability date;
(iii) a failure to establish or provide a
municipal rural or industrial water delivery
system on the Reservation;
(iv) a failure to provide for operation or
maintenance, or deferred maintenance, for the
Blackfeet Irrigation Project or any other
irrigation system or irrigation project on the
Reservation;
(v) the litigation of claims relating to
the water rights of the Tribe in the State; and
(vi) the negotiation, execution, or
adoption of the Compact (including exhibits) or
this Act;
(B) reserved in subsections (b) through (d) of
section 6 of the settlement for the case styled
Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl.
2012); and
(C) that first accrued at any time on or before the
enforceability date--
(i) arising from the taking or acquisition
of the land of the Tribe or resources for the
construction of the features of the St. Mary
Unit of the Milk River Project;
(ii) relating to the construction,
operation, and maintenance of the St. Mary Unit
of the Milk River Project, including Sherburne
Dam, St. Mary Diversion Dam, St. Mary Canal and
associated infrastructure, and the management
of flows in Swiftcurrent Creek, including the
diversion of Swiftcurrent Creek into Lower St.
Mary Lake;
(iii) relating to the construction,
operation, and management of Lower Two Medicine
Dam and Reservoir and Four Horns Dam and
Reservoir, including any claim relating to the
failure to provide dam safety improvements for
Four Horns Reservoir; or
(iv) relating to the allocation of waters
of the Milk River and St. Mary River (including
tributaries) between the United States and
Canada pursuant to the International Boundary
Waters Treaty of 1909 (36 Stat. 2448).
(b) Effectiveness.--The waivers and releases under subsection (a)
shall take effect on the enforceability date.
(c) Withdrawal of Objections.--The Tribe shall withdraw all
objections to the water rights claims filed by the United States for
the benefit of the Milk River Project, except objections to those
claims consolidated for adjudication within Basin 40J, within 14 days
of the certification under section 20(f)(5) that the Tribal membership
has approved the Compact and this Act.
(1) Prior to withdrawal of the objections, the Tribe may
seek leave of the Montana Water Court for a right to reinstate
the objections in the event the conditions of enforceability in
section 20(f) (1) through (8) are not satisfied by the date of
expiration described in section 23 of this Act.
(2) If the conditions of enforceability in section 20(f)
(1) through (8) are satisfied, and any authority the Montana
Water Court may have granted the Tribe to reinstate objections
described in this section has not yet expired, the Tribe shall
notify the Montana Water Court and the United States in writing
that it will not exercise any such authority.
(d) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsection (a), the Tribe, acting on
behalf of the Tribe and members of the Tribe, and the United States,
acting as trustee for the Tribe and allottees, shall retain--
(1) all claims relating to--
(A) enforcement of, or claims accruing after the
enforceability date relating to water rights recognized
under, the Compact, any final decree, or this Act;
(B) activities affecting the quality of water,
including any claim under--
(i) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), including
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.) (commonly referred
to as the ``Clean Water Act''); and
(iv) any regulations implementing the Acts
described in clauses (i) through (iii); or
(C) damage, loss, or injury to land or natural
resources that are not due to loss of water or water
rights (including hunting, fishing, gathering, or
cultural rights);
(2) all rights to use and protect water rights acquired
after the date of enactment of this Act; and
(3) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
Act or the Compact.
(e) Effect of Compact and Act.--Nothing in the Compact or this
Act--
(1) affects the ability of the United States, acting as a
sovereign, to take any action authorized by law (including any
law relating to health, safety, or the environment),
including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act''); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(2) affects the ability of the United States to act as
trustee for any other Indian tribe or allottee of any other
Indian tribe;
(3) confers jurisdiction on any State court--
(A) to interpret Federal law regarding health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party pursuant to a Federal law regarding
health, safety, or the environment; or
(C) to conduct judicial review of a Federal agency
action;
(4) waives any claim of a member of the Tribe in an
individual capacity that does not derive from a right of the
Tribe;
(5) revives any claim waived by the Tribe in the case
styled Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl.
2012); or
(6) revives any claim released by an allottee or a tribal
member in the settlement for the case styled Cobell v. Salazar,
No. 1:96CV01285-JR (D.D.C. 2012).
(f) Enforceability Date.--The enforceability date shall be the date
on which the Secretary publishes in the Federal Register a statement of
findings that--
(1)(A) the Montana Water Court has approved the Compact,
and that decision has become final and nonappealable; or
(B) if the Montana Water Court is found to lack
jurisdiction, the appropriate United States district court has
approved the Compact, and that decision has become final and
nonappealable;
(2) all amounts authorized under section 18(a) have been
appropriated;
(3) the agreements required by sections 6(c), 7(f), and
9(c) have been executed;
(4) the State has appropriated and paid into an interest-
bearing escrow account any payments due as of the date of
enactment of this Act to the Tribe under the Compact, the Birch
Creek Agreement, and this Act;
(5) the members of the Tribe have voted to approve this Act
and the Compact by a majority of votes cast on the day of the
vote, as certified by the Secretary and the Tribe;
(6) the Secretary has fulfilled the requirements of section
9(a);
(7) the agreement or terms and conditions referred to in
section 5 are executed and final; and
(8) the waivers and releases described in subsection (a)
have been executed by the Tribe and the Secretary.
(g) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled during the period beginning on the
date of enactment of this Act and ending on the date on which
the amounts made available to carry out this Act are
transferred to the Secretary.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(h) Expiration.--If all appropriations authorized by this Act have
not been made available to the Secretary by January 21, 2026, the
waivers and releases described in this section shall--
(1) expire; and
(2) have no further force or effect.
(i) Voiding of Waivers.--If the waivers and releases described in
this section are void under subsection (g)--
(1) the approval of the United States of the Compact under
section 4 shall no longer be effective;
(2) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this Act,
together with any interest earned on those funds, and any water
rights or contracts to use water and title to other property
acquired or constructed with Federal funds appropriated or made
available to carry out the activities authorized under this Act
shall be returned to the Federal Government, unless otherwise
agreed to by the Tribe and the United States and approved by
Congress; and
(3) except for Federal funds used to acquire or develop
property that is returned to the Federal Government under
paragraph (2), the United States shall be entitled to offset
any Federal funds appropriated or made available to carry out
the activities authorized under this Act that were expended or
withdrawn, together with any interest accrued, against any
claims against the United States relating to water rights in
the State asserted by the Tribe or any user of the Tribal water
rights or in any future settlement of the water rights of the
Tribe or an allottee.
SEC. 21. SATISFACTION OF CLAIMS.
(a) Tribal Claims.--The benefits realized by the Tribe under this
Act shall be in complete replacement of, complete substitution for, and
full satisfaction of all--
(1) claims of the Tribe against the United States waived
and released pursuant to section 20(a); and
(2) objections withdrawn pursuant to section 20(c).
(b) Allottee Claims.--The benefits realized by the allottees under
this Act shall be in complete replacement of, complete substitution
for, and full satisfaction of--
(1) all claims waived and released pursuant to section
20(a)(2); and
(2) any claim of an allottee against the United States
similar in nature to a claim described in section 20(a)(2) that
the allottee asserted or could have asserted.
SEC. 22. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity.--Except as provided in
subsections (a) through (c) of section 208 of the Department of Justice
Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the
sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this Act
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian tribe, band, or community
other than the Tribe.
(c) Limitation on Claims for Reimbursement.--With respect to any
Indian-owned land located within the Reservation--
(1) the United States shall not submit against that land
any claim for reimbursement of the cost to the United States of
carrying out this Act or the Compact; and
(2) no assessment of that land shall be made regarding that
cost.
(d) Limitation on Liability of United States.--
(1) In general.--The United States has no obligation--
(A) to monitor, administer, or account for, in any
manner, any funds provided to the Tribe by the State;
or
(B) to review or approve any expenditure of those
funds.
(2) Indemnity.--The Tribe shall indemnify the United
States, and hold the United States harmless, with respect to
all claims (including claims for takings or breach of trust)
arising from the receipt or expenditure of amounts described in
the subsection.
(e) Effect on Current Law.--Nothing in this section affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to preenforcement review
of any Federal environmental enforcement action.
(f) Effect on Reclamation Laws.--The activities carried out by the
Commissioner of Reclamation under this Act shall not establish a
precedent or impact the authority provided under any other provision of
the reclamation laws, including--
(1) the Reclamation Rural Water Supply Act of 2006 (43
U.S.C. 2401 et seq.); and
(2) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991).
(g) Irrigation Efficiency in Upper Birch Creek Drainage.--Any
activity carried out by the Tribe in the Upper Birch Creek Drainage (as
defined in article II.50 of the Compact) using funds made available to
carry out this Act shall achieve an irrigation efficiency of not less
than 50 percent.
(h) Birch Creek Agreement Approval.--The Birch Creek Agreement is
approved to the extent that the Birch Creek Agreement requires approval
under section 2116 of the Revised Statutes (25 U.S.C. 177).
(i) Limitation on Effect.--Nothing in this Act or the Compact--
(1) makes an allocation or apportionment of water between
or among States; or
(2) addresses or implies whether, how, or to what extent
the Tribal water rights, or any portion of the Tribal water
rights, should be accounted for as part of, or otherwise
charged against, an allocation or apportionment of water made
to a State in an interstate allocation or apportionment.
SEC. 23. EXPIRATION ON FAILURE TO MEET ENFORCEABILITY DATE.
If the Secretary fails to publish a statement of findings under
section 20(f) by not later than January 21, 2025, or such alternative
later date as is agreed to by the Tribe and the Secretary, after
reasonable notice to the State, as applicable--
(1) this Act expires effective on the later of--
(A) January 22, 2025; and
(B) the day after such alternative later date as is
agreed to by the Tribe and the Secretary;
(2) any action taken by the Secretary and any contract or
agreement entered into pursuant to this Act shall be void;
(3) any amounts made available under section 18, together
with any interest on those amounts, that remain unexpended
shall immediately revert to the general fund of the Treasury,
except for any funds made available under section 16(e)(2) if
the Montana Water Court denies the Tribe's request to reinstate
the objections in section 20(c); and
(4) the United States shall be entitled to offset against
any claims asserted by the Tribe against the United States
relating to water rights--
(A) any funds expended or withdrawn from the
amounts made available pursuant to this Act; and
(B) any funds made available to carry out the
activities authorized by this Act from other authorized
sources, except for any funds provided under section
16(e)(2) if the Montana Water court denies the Tribe's
request to reinstate the objections in section 20(c).
SEC. 24. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this Act (including any
obligation or activity under the Compact) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out the purposes of this Act; or
(2) there are not enough monies available to carry out the
purposes of this Act in the Reclamation Water Settlements Fund
established under section 10501(a) of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407(a)).
SEC. 25. OFFSETS.
If insufficient funds are appropriated to carry out this Act for a
fiscal year, the Secretary may use to carry out this Act such amounts
as are necessary from other amounts made available to the Secretary for
that fiscal year that are not otherwise obligated.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Power and Oceans.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Subcommittee on Water, Power and Oceans Discharged.
Ordered to be Reported (Amended) by Unanimous Consent.
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