Fort Belknap Indian Community Water Rights Settlement Act of 2023
This bill modifies and ratifies a specified water rights settlement agreement entered into by the United States, Montana, and the Fort Belknap Indian Community (i.e., the Gros Ventre and Assiniboine Tribes).
The bill requires the community's water rights to be held in trust for the benefit of the community and its allottees. The community must enact a tribal water code to regulate its water rights.
Additionally, the bill authorizes the Department of the Interior and the Department of Agriculture (as applicable) to enter negotiations with Montana to exchange certain state lands for federal lands to be held in trust for the benefit of the community.
The bill also
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1987 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1987
To provide for the settlement of the water rights claims of the Fort
Belknap Indian Community, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 14, 2023
Mr. Tester (for himself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To provide for the settlement of the water rights claims of the Fort
Belknap Indian Community, 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 ``Fort Belknap Indian Community Water
Rights Settlement Act of 2023''.
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 Fort Belknap Indian Community of the Fort
Belknap Reservation of Montana; and
(B) the United States, acting as trustee for the
Fort Belknap Indian Community and allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Fort Belknap Indian Community and
the State, to the extent that the Compact is consistent with
this Act;
(3) to authorize and direct the Secretary--
(A) to execute the Compact; and
(B) to take any other actions necessary to carry
out the Compact in accordance with this Act;
(4) to authorize funds necessary for the implementation of
the Compact and this Act; and
(5) to authorize the exchange and transfer of certain
Federal and State land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Allottee.--The term ``allottee'' means an 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) Blackfeet tribe.--The term ``Blackfeet Tribe'' means
the Blackfeet Tribe of the Blackfeet Indian Reservation of
Montana.
(3) Cercla.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(5) Compact.--The term ``Compact'' means--
(A) the Fort Belknap-Montana water rights compact
dated April 16, 2001, as contained in section 85-20-
1001 of the Montana Code Annotated (2021); and
(B) any appendix (including appendix amendments),
part, or amendment to the Compact that is executed to
make the Compact consistent with this Act.
(6) Enforceability date.--The term ``enforceability date''
means the date described in section 11(f).
(7) Fort belknap indian community.--The term ``Fort Belknap
Indian Community'' means the Gros Ventre and Assiniboine Tribes
of the Fort Belknap Reservation of Montana, a federally
recognized Indian Tribal entity included on the list published
by the Secretary pursuant to section 104(a) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
(8) Fort belknap indian community council.--The term ``Fort
Belknap Indian Community Council'' means the governing body of
the Fort Belknap Indian Community.
(9) Fort belknap indian irrigation project.--
(A) In general.--The term ``Fort Belknap Indian
Irrigation Project'' means the Federal Indian
irrigation project constructed and operated by the
Bureau of Indian Affairs, consisting of the Milk River
unit, including--
(i) the Three Mile unit; and
(ii) the White Bear unit.
(B) Inclusions.--The term ``Fort Belknap Indian
Irrigation Project'' includes any addition to the Fort
Belknap Indian Irrigation Project constructed pursuant
to this Act, including expansion of the Fort Belknap
Indian Irrigation Project, the Pumping Plant, delivery
Pipe and Canal, the Fort Belknap Reservoir and Dam, and
the Peoples Creek Flood Project.
(10) Implementation fund.--The term ``Implementation Fund''
means the Fort Belknap Indian Community Water Settlement
Implementation Fund established by section 13(a).
(11) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(12) 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).
(13) Malta irrigation district.--The term ``Malta
Irrigation District'' means the public corporation--
(A) created on December 28, 1923, pursuant to the
laws of the State relating to irrigation districts; and
(B) headquartered in Malta, Montana.
(14) Milk river.--The term ``Milk River'' means the
mainstem of the Milk River and each tributary of the Milk River
between the headwaters of the Milk River and the confluence of
the Milk River with the Missouri River, consisting of--
(A) Montana Water Court Basins 40F, 40G, 40H, 40I,
40J, 40K, 40L, 40M, 40N, and 40O; and
(B) the portion of the Milk River and each
tributary of the Milk River that flows through the
Canadian Provinces of Alberta and Saskatchewan.
(15) 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.
(16) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River,
including tributaries.
(17) Operations and maintenance.--The term ``operations and
maintenance'' means the Bureau of Indian Affairs operations and
maintenance activities related to costs described in section
171.500 of title 25, Code of Federal Regulations (or a
successor regulation).
(18) Operations, maintenance, and replacement.--The term
``operations, maintenance, and replacement'' 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 repairing, replacing,
or rehabilitating a feature of a project.
(19) Pick-sloan missouri river basin program.--The term
``Pick-Sloan Missouri River Basin Program'' means 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)).
(20) PMM.--The term ``PMM'' means the Principal Meridian,
Montana.
(21) Reservation.--
(A) In general.--The term ``Reservation'' means the
area of the Fort Belknap Reservation in the State, as
modified by this Act.
(B) Inclusions.--The term ``Reservation''
includes--
(i) all land and interests in land
established by--
(I) the Agreement with the Gros
Ventre and Assiniboine Tribes of the
Fort Belknap Reservation, ratified by
the Act of May 1, 1888 (25 Stat. 113,
chapter 212), as modified by the
Agreement with the Indians of the Fort
Belknap Reservation of October 9, 1895
(ratified by the Act of June 10, 1896)
(29 Stat. 350, chapter 398);
(II) the Act of March 3, 1921 (41
Stat. 1355, chapter 135); and
(III) Public Law 94-114 (25 U.S.C.
5501 et seq.);
(ii) the land known as the ``Hancock
lands'' purchased by the Fort Belknap Indian
Community pursuant to the Fort Belknap Indian
Community Council Resolution No. 234-89
(October 2, 1989); and
(iii) all land transferred to the United
States to be held in trust for the benefit of
the Fort Belknap Indian Community under section
6.
(22) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(23) 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.
(24) State.--The term ``State'' means the State of Montana.
(25) Tribal water code.--The term ``Tribal water code''
means the Tribal water code enacted by the Fort Belknap Indian
Community pursuant to section 5(g).
(26) Tribal water rights.--The term ``Tribal water rights''
means the water rights of the Fort Belknap Indian Community, as
described in Article III of the Compact and this Act, including
the allocation of water to the Fort Belknap Indian Community
from Lake Elwell under section 7.
(27) Trust fund.--The term ``Trust Fund'' means the Aaniiih
Nakoda Settlement Trust Fund established for the Fort Belknap
Indian Community under section 12(a).
SEC. 4. RATIFICATION OF COMPACT.
(a) Ratification of Compact.--
(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 the
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 appendices 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 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.), including the implementing
regulations of that Act; and
(C) other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Compact and
this Act, the Fort Belknap Indian Community shall
prepare any necessary environmental documents,
consistent with all applicable provisions of--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4231 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation submitted under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--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.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Trust Fund, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall remain
the responsibility of the Secretary.
SEC. 5. 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, 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 (24 Stat. 390, chapter 119; 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 Fort Belknap Indian Community and allottees
in accordance with this Act; and
(2) shall not be subject to loss through non-use,
forfeiture, or abandonment.
(d) Allottees.--
(1) Applicability of the act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (24
Stat. 390, chapter 119; 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 (24 Stat. 390, chapter 119; 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 (24
Stat. 390, chapter 119; 25 U.S.C. 381), or other
applicable law.
(5) Authority of the secretary.--The Secretary shall have
the authority to protect the rights of allottees in accordance
with this section.
(e) Authority of the Fort Belknap Indian Community.--
(1) In general.--The Fort Belknap Indian Community shall
have the authority to allocate, distribute, and lease the
Tribal water rights for use on the Reservation in accordance
with the Compact, this Act, and applicable Federal law.
(2) Off-reservation use.--The Fort Belknap Indian Community
may allocate, distribute, and lease the Tribal water rights for
off-Reservation use in accordance with the Compact, this Act,
and applicable Federal law--
(A) subject to the approval of the Secretary; or
(B) pursuant to Tribal water leasing regulations
consistent with the requirements of subsection (f).
(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 Leasing Regulations.--
(1) In general.--At the discretion of the Fort Belknap
Indian Community, any water lease of the Fort Belknap Indian
Community of the Tribal water rights for use on or off the
Reservation shall not require the approval of the Secretary if
the lease--
(A) is executed under tribal regulations, approved
by the Secretary under this subsection;
(B) is in accordance with the Compact; and
(C) does not exceed a term of 100 years, except
that a lease may include an option to renew for 1
additional term of not to exceed 100 years.
(2) Authority of the secretary over tribal water leasing
regulations.--
(A) In general.--The Secretary shall have the
authority to approve or disapprove any Tribal water
leasing regulations issued in accordance with paragraph
(1).
(B) Considerations for approval.--The Secretary
shall approve any Tribal water leasing regulations
issued in accordance with paragraph (1) if the Tribal
water leasing regulations--
(i) provide for an environmental review
process that includes--
(I) the identification and
evaluation of any significant effects
of the proposed action on the
environment; and
(II) a process for ensuring that--
(aa) the public is informed
of, and has a reasonable
opportunity to comment on, any
significant environmental
impacts of the proposed action
identified by the Fort Belknap
Indian Community; and
(bb) the Fort Belknap
Indian Community provides
responses to relevant and
substantive public comments on
those impacts prior to its
approval of a water lease; and
(ii) are consistent with this Act and the
Compact.
(3) Review process.--
(A) In general.--Not later than 120 days after the
date on which Tribal water leasing regulations under
paragraph (1) are submitted to the Secretary, the
Secretary shall review and approve or disapprove the
regulations.
(B) Written documentation.--If the Secretary
disapproves the Tribal water leasing regulations
described in subparagraph (A), the Secretary shall
include written documentation with the disapproval
notification that describes the basis for this
disapproval.
(C) Extension.--The deadline described in
subparagraph (A) may be extended by the Secretary,
after consultation with the Fort Belknap Indian
Community.
(4) Federal environmental review.--Notwithstanding
paragraphs (2) and (3), if the Fort Belknap Indian Community
carries out a project or activity funded by a Federal agency,
the Fort Belknap Indian Community--
(A) shall have the authority to rely on the
environmental review process of the applicable Federal
agency; and
(B) shall not be required to carry out a tribal
environmental review process under this subsection.
(5) Documentation.--If the Fort Belknap Indian Community
issues a lease pursuant to Tribal water leasing regulations
under paragraph (1), the Fort Belknap Indian Community shall
provide the Secretary and the State a copy of the lease,
including any amendments or renewals to the lease.
(6) Limitation of liability.--
(A) In general.--The United States shall not be
liable in any claim relating to the negotiation,
execution, or approval of any lease or exchange
agreement or storage agreement, including any claims
relating to the terms included in such an agreement,
made pursuant to Tribal water leasing regulations under
paragraph (1).
(B) Obligations.--The United States shall have no
trust obligation or other obligation to monitor,
administer, or account for--
(i) any funds received by the Fort Belknap
Indian Community as consideration under any
lease or exchange agreement or storage
agreement; or
(ii) the expenditure of those funds.
(g) Tribal Water Code.--
(1) In general.--Notwithstanding Article IV.A.2. of the
Compact, not later than 4 years after the date on which the
Fort Belknap Indian Community approves the Compact in
accordance with section 11(f)(1), the Fort Belknap Indian
Community 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) the establishment by the Fort Belknap Indian
Community of the 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 Fort Belknap Indian Community 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 (36 Stat. 856,
chapter 431; 25 U.S.C. 403);
(C) a due process system for the consideration and
determination by the Fort Belknap Indian Community of
any request of 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;
(D) a requirement that any allottee asserting a
claim relating to the enforcement of rights of the
allottee under the Tribal water code, including 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);
(E) a process by which an owner of fee land within
the boundaries of the Reservation may apply for use of
a portion of the Tribal water rights; and
(F) a process for the establishment of a controlled
Groundwater area and for the management of that area in
cooperation with establishment of a contiguous
controlled Groundwater area off the Reservation
established pursuant to Section B.2. of Article IV of
the Compact and State law.
(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 the Compact and 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 by not
later than 180 days after the date on which the
Tribal water code or amendment to the Tribal
water code is submitted to the Secretary.
(ii) Extensions.--The deadline described in
clause (i) may be extended by the Secretary,
after consultation with the Fort Belknap Indian
Community.
(h) Administration.--
(1) No alienation.--The Fort Belknap Indian Community 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 required by Federal
law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal water rights by any water user shall not
result in the forfeiture, abandonment, relinquishment, or other
loss of all or any portion of the Tribal water rights.
(i) 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 Fort Belknap Indian
Community, 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.
(j) Pick-Sloan Missouri River Basin Program Power Rates.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary, in cooperation with the Secretary of
Energy, shall make available the Pick-Sloan Missouri River
Basin Program irrigation project pumping power rates to the
Fort Belknap Indian Community, the Fort Belknap Indian
Irrigation Project, and any projects funded under this Act.
(2) Authorized purposes.--The power rates made available
under paragraph (1) shall be authorized for the purposes of
wheeling, administration, and payment of irrigation project
pumping power rates, including project use power for gravity
power.
SEC. 6. EXCHANGE AND TRANSFER OF PUBLIC LAND INTO TRUST.
(a) Exchange of Federal and State Land.--
(1) Definitions.--In this subsection:
(A) Public land.--The term ``public land'' means,
as applicable--
(i) public lands (as defined in section 103
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702)); and
(ii) land managed by the Secretary of
Agriculture under the jurisdiction of the
Forest Service.
(B) Secretary concerned.--The term ``Secretary
concerned'' means, as applicable--
(i) the Secretary, with respect to the
public land managed by the Department of the
Interior; and
(ii) the Secretary of Agriculture, with
respect to land managed by the Forest Service.
(2) Negotiations authorized.--
(A) In general.--The Secretary concerned shall
offer to enter into negotiations with the State for the
purpose of exchanging Federal land described in
paragraph (4) for the State land described in paragraph
(3).
(B) Requirement.--Any exchange of land made
pursuant to this subsection shall be subject to the
requirements of this subsection.
(C) Priority.--In carrying out this paragraph, the
Secretary concerned shall, during the 5-year period
beginning on the date of enactment of this Act, give
priority to an exchange of public land located within
the State for trust land owned by the State.
(3) State land.--The Secretary concerned is authorized to
accept the following parcels of land owned by the State located
on and off of the Reservation:
(A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
(B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
(C) 640 acres in T. 27 N., R. 21 E., sec. 36.
(D) 640 acres in T. 26 N., R. 23 E., sec. 16.
(E) 640 acres in T. 26 N., R. 23 E., sec. 36.
(F) 640 acres in T. 26 N., R. 26 E., sec. 16.
(G) 640 acres in T. 26 N., R. 22 E., sec. 36.
(H) 640 acres in T. 27 N., R. 23 E., sec. 16.
(I) 640 acres in T. 27 N., R. 25 E., sec. 36.
(J) 640 acres in T. 28 N., R. 22 E., sec. 36.
(K) 640 acres in T. 28 N., R. 23 E., sec. 16.
(L) 640 acres in T. 28 N., R. 24 E., sec. 36.
(M) 640 acres in T. 28 N., R. 25 E., sec. 16.
(N) 640 acres in T. 28 N., R. 25 E., sec. 36.
(O) 640 acres in T. 28 N., R. 26 E., sec. 16.
(P) 94.96 acres in T. 28 N., R. 26 E., sec. 36,
under lease by the Fort Belknap Indian Community
Council on the date of enactment of this Act, comprised
of--
(i) 30.68 acres in lot 5;
(ii) 26.06 acres in lot 6;
(iii) 21.42 acres in lot 7; and
(iv) 16.8 acres in lot 8.
(Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16,
excluding the 73.36 acres under lease by individuals
who are not members of the Fort Belknap Indian
Community, on the date of enactment of this Act.
(R) 640 acres in T. 29 N., R. 22 E., sec. 36.
(S) 640 acres in T. 29 N., R. 23 E., sec. 16.
(T) 640 acres in T. 29 N., R. 24 E., sec. 16.
(U) 640 acres in T. 29 N., R. 24 E., sec. 36.
(V) 640 acres in T. 29 N., R. 25 E., sec. 16.
(W) 640 acres in T. 29 N., R. 25 E., sec. 36.
(X) 640 acres in T. 29 N., R. 26 E., sec. 16.
(Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16,
excluding the 58.72 acres under lease by individuals
who are not members of the Fort Belknap Indian
Community on the date of enactment of this Act.
(Z) 640 acres in T. 30 N., R. 22 E., sec. 36.
(AA) 640 acres in T. 30 N., R. 23 E., sec. 16.
(BB) 640 acres in T. 30 N., R. 23 E., sec. 36.
(CC) 640 acres in T. 30 N., R. 24 E., sec. 16.
(DD) 640 acres in T. 30 N., R. 24 E., sec. 36.
(EE) 640 acres in T. 30 N., R. 25 E., sec. 16.
(FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36,
under lease by the Fort Belknap Indian Community
Council on the date of enactment of this Act.
(GG) 640 acres in T. 31 N., R. 22 E., sec. 36.
(HH) 640 acres in T. 31 N., R. 23 E., sec. 16.
(II) 640 acres in T. 31 N., R. 23 E., sec. 36.
(JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16,
lot 4.
(4) Federal land.--Subject to valid existing rights, and
the requirements of this subsection, the Secretary concerned is
authorized to convey to the State any public land within the
State, except for land that is included within the National
Landscape Conservation System established by section 2002(a) of
the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7202(a)), without regard to whether that land has been
identified as available for disposal in a land use plan.
(5) Land into trust.--On completion of the land exchange
authorized by this subsection, the Secretary shall, as soon as
practicable after the enforceability date, take the land
received by the United States pursuant to this subsection into
trust for the benefit of the Fort Belknap Indian Community.
(6) Terms and conditions.--
(A) Equal value.--The values of the Federal land
and State land exchanged under this subsection shall be
equal, except that the Secretary concerned may--
(i) exchange land that is of approximately
equal value if such an exchange complies with
the requirements of section 206(h) of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(h)) (and any regulations
implementing that section) without regard to
the monetary limitation described in paragraph
(1)(A) of that section; and
(ii) make or accept an equalization
payment, or waive an equalization payment, if
such a payment or waiver of a payment complies
with the requirements of section 206(b) of that
Act (43 U.S.C. 1716(b)) (and any regulations
implementing that section).
(B) Impacts on local governments.--In selecting
public land to offer to the State, the Secretary
concerned may--
(i) consider the financial impacts of
exchanging specific Federal land on local
governments; and
(ii) attempt to minimize the financial
impact of the exchange on local governments.
(C) Existing authorizations.--
(i) Federal land transferred to the
state.--
(I) In general.--Any Federal land
transferred to the State under this
subsection shall be conveyed subject to
any valid existing rights, contracts,
leases, permits, and rights-of-way,
unless the holder of the right,
contract, lease, permit, or right-of-
way requests an earlier termination in
accordance with existing law.
(II) Assumption by state.--The
State shall assume all benefits and
obligations of the Forest Service or
the Bureau of Land Management, as
applicable, under the existing rights,
contracts, leases, permits, and rights-
of-way described in subclause (I).
(ii) State land transferred to the united
states.--
(I) In general.--Any State land
transferred to the United States under
this subsection shall be conveyed and
taken into trust for the benefit of the
Fort Belknap Indian Community subject
to any valid existing rights,
contracts, leases, permits, and rights-
of-way, unless the holder of the right,
contract, lease, permit, or right-of-
way requests an earlier termination in
accordance with existing law.
(II) Assumption by bia.--The Bureau
of Indian Affairs shall--
(aa) assume all benefits
and obligations of the State
under the existing rights,
contracts, leases, permits, and
rights-of-way described in
subclause (I); and
(bb) disburse to the Fort
Belknap Indian Community any
amounts that accrue to the
United States from those
rights, contracts, leases,
permits, and rights-of-way,
after the date of transfer from
any sale, bonus, royalty, or
rental relating to that land in
the same manner as amounts
received from other land held
by the Secretary in trust for
the benefit of the Fort Belknap
Indian Community.
(D) Personal property.--
(i) In general.--Any improvements
constituting personal property, as defined by
State law, belonging to the holder of a right,
contract, lease, permit, or right-of-way on
land transferred to the United States under
this subsection shall--
(I) remain the property of the
holder; and
(II) be removed not later than 90
days after the date on which the right,
contract, lease, permit, or right-of-
way expires, unless the Fort Belknap
Indian Community and the holder agree
otherwise.
(ii) Remaining property.--Any personal
property described in clause (i) remaining with
the holder described in that clause beyond the
90-day period described in subclause (II) of
that clause shall--
(I) become the property of the Fort
Belknap Indian Community; and
(II) be subject to removal and
disposition at the discretion of the
Fort Belknap Indian Community.
(iii) Liability of previous holder.--The
holder of personal property described in clause
(i) shall be liable for costs incurred by the
Fort Belknap Indian Community in removing and
disposing of the personal property under clause
(ii)(II).
(7) Technical corrections.--Notwithstanding the
descriptions of the parcels of land owned by the State under
paragraph (3), the State may, with the consent of the Fort
Belknap Indian Community, make technical corrections to the
legal land descriptions to more specifically identify the State
parcels to be exchanged.
(8) Assistance.--The Secretary shall provide $10,000,000 of
financial or other assistance to the State and the Fort Belknap
Indian Community as may be necessary to obtain the appraisals,
and to satisfy administrative requirements, necessary to
accomplish the exchanges under paragraph (2).
(b) Federal Land Transfers.--
(1) In general.--Subject to valid existing rights and the
requirements of this subsection, all right, title, and interest
of the United States in and to the land described in paragraph
(2) shall be held by the United States in trust for the benefit
of the Fort Belknap Indian Community as part of the Reservation
on the enforceability date.
(2) Federal land.--
(A) Bureau of land management parcels.--
(i) 59.46 acres in T. 25 N., R. 22 E., sec.
4, comprised of--
(I) 19.55 acres in lot 10;
(II) 19.82 acres in lot 11; and
(III) 20.09 acres in lot 16.
(ii) 324.24 acres in the N\1/2\ of T. 25
N., R. 22 E., sec. 5.
(iii) 403.56 acres in T. 25 N., R. 22 E.,
sec. 9, comprised of--
(I) 20.39 acres in lot 2;
(II) 20.72 acres in lot 7;
(III) 21.06 acres in lot 8;
(IV) 40.00 acres in lot 9;
(V) 40.00 acres in lot 10;
(VI) 40.00 acres in lot 11;
(VII) 40.00 acres in lot 12;
(VIII) 21.39 acres in lot 13; and
(IX) 160 acres in SW\1/4\.
(iv) 70.63 acres in T. 25 N., R. 22 E.,
sec. 13, comprised of--
(I) 18.06 acres in lot 5;
(II) 18.25 acres in lot 6;
(III) 18.44 acres in lot 7; and
(IV) 15.88 acres in lot 8.
(v) 71.12 acres in T. 25 N., R. 22 E., sec.
14, comprised of--
(I) 17.65 acres in lot 5;
(II) 17.73 acres in lot 6;
(III) 17.83 acres in lot 7; and
(IV) 17.91 acres in lot 8.
(vi) 103.29 acres in T. 25 N., R. 22 E.,
sec. 15, comprised of--
(I) 21.56 acres in lot 6;
(II) 29.50 acres in lot 7;
(III) 17.28 acres in lot 8;
(IV) 17.41 acres in lot 9; and
(V) 17.54 acres in lot 10.
(vii) 160 acres in T. 26 N., R. 21 E., sec.
1, comprised of--
(I) 80 acres in the S\1/2\ of the
NW\1/4\; and
(II) 80 acres in the W\1/2\ of the
SW\1/4\.
(viii) 567.50 acres in T. 26 N., R. 21 E.,
sec. 2, comprised of--
(I) 82.54 acres in the E\1/2\ of
the NW\1/4\;
(II) 164.96 acres in the NE\1/4\;
and
(III) 320 acres in the S\1/2\.
(ix) 240 acres in T. 26 N., R. 21 E., sec.
3, comprised of--
(I) 40 acres in the SE\1/4\ of the
NW\1/4\;
(II) 160 acres in the SW\1/4\; and
(III) 40 acres in the SW\1/4\ of
the SE\1/4\.
(x) 120 acres in T. 26 N., R. 21 E., sec.
4, comprised of--
(I) 80 acres in the E\1/2\ of the
SE\1/4\; and
(II) 40 acres in the NW\1/4\ of the
SE\1/4\.
(xi) 200 acres in T. 26 N., R. 21 E., sec.
5, comprised of--
(I) 160 acres in the SW\1/4\; and
(II) 40 acres in the SW\1/4\ of the
NW\1/4\.
(xii) 40 acres in the SE\1/4\ of the SE\1/
4\ of T. 26 N., R. 21 E., sec. 6.
(xiii) 240 acres in T. 26 N., R. 21 E.,
sec. 8, comprised of--
(I) 40 acres in the NE\1/4\ of the
SW\1/4\;
(II) 160 acres in the NW\1/4\; and
(III) 40 acres in the NW\1/4\ of
the SE\1/4\.
(xiv) 320 acres in the E\1/2\ of T. 26 N.,
R. 21 E., sec. 9.
(xv) 640 acres in T. 26 N., R. 21 E., sec.
10.
(xvi) 600 acres in T. 26 N., R. 21 E., sec.
11, comprised of--
(I) 320 acres in the N\1/2\;
(II) 80 acres in the N\1/2\ of the
SE\1/4\;
(III) 160 acres in the SW\1/4\; and
(IV) 40 acres in the SW\1/4\ of the
SE\1/4\.
(xvii) 525.81 acres in T. 26 N., R. 22 E.,
sec. 21, comprised of--
(I) 6.62 acres in lot 1;
(II) 5.70 acres in lot 2;
(III) 56.61 acres in lot 5;
(IV) 56.88 acres in lot 6;
(V) 320 acres in the W\1/2\; and
(VI) 80 acres in the W\1/2\ of the
SE\1/4\.
(xviii) 719.58 acres in T. 26 N., R. 22 E.,
sec. 28.
(xix) 560 acres in T. 26 N., R. 22 E., sec.
29, comprised of--
(I) 320 acres in the N\1/2\;
(II) 160 acres in the N\1/2\ of the
S\1/2\; and
(III) 80 acres in the S\1/2\ of the
SE\1/4\.
(xx) 400 acres in T. 26 N., R. 22 E., sec.
32, comprised of--
(I) 320 acres in the S\1/2\; and
(II) 80 acres in the S\1/2\ of the
NW\1/4\.
(xxi) 455.51 acres in T. 26 N., R. 22 E.,
sec. 33, comprised of--
(I) 58.25 acres in lot 3;
(II) 58.5 acres in lot 4;
(III) 58.76 acres in lot 5;
(IV) 40 acres in the NW\1/4\ of the
NE\1/4\;
(V) 160 acres in the SW\1/4\; and
(VI) 80 acres in the W\1/2\ of the
SE\1/4\.
(xxii) 88.71 acres in T. 27 N., R. 21 E.,
sec. 1, comprised of--
(I) 24.36 acres in lot 1;
(II) 24.35 acres in lot 2; and
(III) 40 acres in the SW\1/4\ of
the SW\1/4\.
(xxiii) 80 acres in T. 27 N., R. 21 E.,
sec. 3, comprised of--
(I) 40 acres in lot 11; and
(II) 40 acres in lot 12.
(xxiv) 80 acres in T. 27 N., R. 21 E., sec.
11, comprised of--
(I) 40 acres in the NW\1/4\ of the
SW\1/4\; and
(II) 40 acres in the SW\1/4\ of the
NW\1/4\.
(xxv) 200 acres in T. 27 N., R. 21 E., sec.
12, comprised of--
(I) 80 acres in the E\1/2\ of the
SW\1/4\;
(II) 40 acres in the NW\1/4\ of the
NW\1/4\; and
(III) 80 acres in the S\1/2\ of the
NW\1/4\.
(xxvi) 40 acres in the SE\1/4\ of the NE\1/
4\ of T. 27 N., R. 21 E., sec. 23.
(xxvii) 320 acres in T. 27 N., R. 21 E.,
sec. 24, comprised of--
(I) 80 acres in the E\1/2\ of the
NW\1/4\;
(II) 160 acres in the NE\1/4\;
(III) 40 acres in the NE\1/4\ of
the SE\1/4\; and
(IV) 40 acres in the SW\1/4\ of the
SW\1/4\.
(xxviii) 120 acres in T. 27 N., R. 21 E.,
sec. 25, comprised of--
(I) 80 acres in the S\1/2\ of the
NE\1/4\; and
(II) 40 acres in the SE\1/4\ of the
NW\1/4\.
(xxix) 40 acres in the NE\1/4\ of the SE\1/
4\ of T. 27 N., R. 21 E., sec. 26.
(xxx) 160 acres in the NW\1/4\ of T. 27 N.,
R. 21 E., sec. 27.
(xxxi) 40 acres in the SW\1/4\ of the SW\1/
4\ of T. 27 N., R. 21 E., sec. 29.
(xxxii) 40 acres in the SW\1/4\ of the
NE\1/4\ of T. 27 N., R. 21 E., sec 30.
(xxxiii) 120 acres in T. 27 N., R. 21 E.,
sec. 33, comprised of--
(I) 40 acres in the SE\1/4\ of the
NE\1/4\; and
(II) 80 acres in the N\1/2\ of the
SE\1/4\.
(xxxiv) 440 acres in T. 27 N., R. 21 E.,
sec. 34, comprised of--
(I) 160 acres in the N\1/2\ of the
S\1/2\;
(II) 160 acres in the NE\1/4\;
(III) 80 acres in the S\1/2\ of the
NW\1/4\; and
(IV) 40 acres in the SE\1/4\ of the
SE\1/4\.
(xxxv) 133.44 acres in T. 27 N., R. 22 E.,
sec. 4, comprised of--
(I) 28.09 acres in lot 5;
(II) 25.35 acres in lot 6;
(III) 40 acres in lot 10; and
(IV) 40 acres in lot 15.
(xxxvi) 160 acres in T. 27 N., R. 22 E.,
sec. 7, comprised of--
(I) 40 acres in the NE\1/4\ of the
NE\1/4\;
(II) 40 acres in the NW\1/4\ of the
SW\1/4\; and
(III) 80 acres in the W\1/2\ of the
NW\1/4\.
(xxxvii) 120 acres in T. 27 N., R. 22 E.,
sec. 8, comprised of--
(I) 80 acres in the E\1/2\ of the
NW\1/4\; and
(II) 40 acres in the NE\1/4\ of the
SW\1/4\.
(xxxviii) 40 acres in the SW\1/4\ of the
NW\1/4\ of T. 27 N., R. 22 E., sec. 9.
(xxxix) 40 acres in the NE\1/4\ of the
SW\1/4\ of T. 27 N., R. 22 E., sec. 17.
(xl) 40 acres in the NW\1/4\ of the NW\1/4\
of T. 27 N., R. 22 E., sec. 19.
(xli) 40 acres in the SE\1/4\ of the NW\1/
4\ of T. 27 N., R22 E., sec. 20.
(xlii) 80 acres in the W\1/2\ of the SE\1/
4\ of T. 27 N., R. 22 E., sec. 31.
(xliii) 52.36 acres in the SE\1/4\ of the
SE\1/4\ of T. 27 N., R. 22 E., sec. 33.
(xliv) 40 acres in the NE\1/4\ of the SW\1/
4\ of T. 28 N., R. 22 E., sec. 29.
(xlv) 40 acres in the NE\1/4\ of the NE\1/
4\ of T. 26 N., R. 21 E., sec. 7.
(xlvi) 40 acres in the SW\1/4\ of the NW\1/
4\ of T. 26 N., R. 21 E., sec. 12.
(xlvii) 42.38 acres in the NW\1/4\ of the
NE\1/4\ of T. 26 N., R. 22 E., sec. 6.
(xlviii) 320 acres in the E\1/2\ of T. 26
N., R. 22 E., sec. 17.
(xlix) 80 acres in the E\1/2\ of the NE\1/
4\ of T. 26 N., R. 22 E., sec. 20.
(l) 240 acres in T. 26 N., R. 22 E., sec.
30, comprised of--
(I) 80 acres in the E\1/2\ of the
NE\1/4\;
(II) 80 acres in the N\1/2\ of the
SE\1/4\;
(III) 40 acres in the SE\1/4\ of
the NW\1/4\; and
(IV) 40 acres in the SW\1/4\ of the
NE\1/4\.
(B) Bureau of indian affairs.--The parcels of
approximately 3,519.3 acres of trust land that have
been converted to fee land, judicially foreclosed on,
acquired by the Department of Agriculture, and
transferred to the Bureau of Indian Affairs, described
in clauses (i) through (iii).
(i) Parcel 1.--The land described in this
clause is 640 acres in T. 29 N., R. 26 E.,
comprised of--
(I) 160 acres in the SW\1/4\ of
sec. 27;
(II) 160 acres in the NE\1/4\ of
sec. 33; and
(III) 320 acres in the W\1/2\ of
sec. 34.
(ii) Parcel 2.--The land described in this
clause is 320 acres in the N\1/2\ of T. 30 N.,
R. 23 E., sec. 28.
(iii) Parcel 3.--The land described in this
clause is 2,559.3 acres, comprised of--
(I) T. 28 N., R. 24 E., including--
(aa) of sec. 16--
(AA) 5 acres in the
E\1/2\, W\1/2\, E\1/2\,
W\1/2\, W\1/2\, NE\1/
4\;
(BB) 10 acres in
the E\1/2\, E\1/2\,
W\1/2\, W\1/2\, NE\1/
4\;
(CC) 40 acres in
the E\1/2\, W\1/2\,
NE\1/4\;
(DD) 40 acres in
the W\1/2\, E\1/2\,
NE\1/4\;
(EE) 20 acres in
the W\1/2\, E\1/2\,
E\1/2\, NE\1/4\;
(FF) 5 acres in the
W\1/2\, W\1/2\, E\1/2\,
E\1/2\, E\1/2\, NE\1/
4\; and
(GG) 160 acres in
the SE\1/4\;
(bb) 640 acres in sec. 21;
(cc) 320 acres in the S\1/
2\ of sec. 22; and
(dd) 320 acres in the W\1/
2\ of sec. 27;
(II) T. 29 N., R. 25 E., PMM,
including--
(aa) 320 acres in the S\1/
2\ of sec. 1; and
(bb) 320 acres in the N\1/
2\ of sec. 12;
(III) 39.9 acres in T. 29 N., R. 26
E., PMM, sec. 6, lot 2;
(IV) T. 30 N., R. 26 E., PMM,
including--
(aa) 39.4 acres in sec. 3,
lot 2;
(bb) 40 acres in the SW\1/
4\ of the SW\1/4\ of sec. 4;
(cc) 80 acres in the E\1/2\
of the SE\1/4\ of sec. 5;
(dd) 80 acres in the S\1/2\
of the SE\1/4\ of sec. 7; and
(ee) 40 acres in the N\1/
2\, N\1/2\, NE\1/4\ of sec. 18;
and
(V) 40 acres in T. 31 N., R. 26 E.,
PMM, the NW\1/4\ of the SE\1/4\ of sec.
31.
(C) Foreclosed department of agriculture land.--Any
Department of Agriculture trust land within the
Reservation that has been or is converted to fee land,
judicially foreclosed on, and acquired by the United
States.
(3) Terms and conditions.--
(A) Existing authorizations.--
(i) In general.--Federal land transferred
under this subsection shall be conveyed and
taken into trust subject to valid existing
rights, contracts, leases, permits, and rights-
of-way, unless the holder of the right,
contract, lease, permit, and rights-of-way
requests an earlier termination in accordance
with existing law.
(ii) Assumption by bia.--The Bureau of
Indian Affairs shall--
(I) assume all benefits and
obligations of the previous land
management agency under the existing
rights, contracts, leases, permits, and
rights-of-way described in clause (i);
and
(II) disburse to the Fort Belknap
Indian Community any amounts that
accrue to the United States from those
rights, contracts, leases, permits, and
rights-of-ways after the date of
transfer from any sale, bonus, royalty,
or rental relating to that land in the
same manner as amounts received from
other land held by the Secretary in
trust for the Fort Belknap Indian
Community.
(B) Personal property.--
(i) In general.--Any improvements
constituting personal property, as defined by
State law, belonging to the holder of a right,
contract, lease, permit, or right-of-way on
land transferred under this subsection shall--
(I) remain the property of the
holder; and
(II) be removed from the land not
later than 90 days after the date on
which the right, contract, lease,
permit, or right-of-way expires, unless
the Fort Belknap Indian Community and
the holder agree otherwise.
(ii) Remaining property.--Any personal
property described in clause (i) remaining with
the holder described in that clause beyond the
90-day period described in subclause (II) of
that clause shall--
(I) become the property of the Fort
Belknap Indian Community; and
(II) be subject to removal and
disposition at the discretion of the
Fort Belknap Indian Community.
(iii) Liability of previous holder.--The
holder of personal property described in clause
(i) shall be liable to the Fort Belknap Indian
Community for costs incurred by the Fort
Belknap Indian Community in removing and
disposing of the property under clause
(ii)(II).
(C) Existing roads.--If any road within the Federal
land transferred under this subsection is necessary for
customary access to private land, the Bureau of Indian
Affairs shall offer the owner of the private land to
apply for a right-of-way along the existing road, at
the expense of the landowner.
(D) Limitation on the transfer of water rights.--
Water rights that transfer with the land described in
paragraph (2) shall not become part of the Tribal water
rights.
(4) Withdrawal of federal land.--
(A) In general.--Subject to valid existing rights,
effective on the date of enactment of this Act, all
Federal land within the parcels described in paragraph
(2) is withdrawn from all forms of--
(i) entry, appropriation, or disposal under
the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under all laws pertaining
to mineral and geothermal leasing or mineral
materials.
(B) Expiration.--The withdrawals pursuant to
subparagraph (A) shall terminate on the date that the
Secretary takes the land into trust for the benefit of
the Fort Belknap Indian Community pursuant to paragraph
(1).
(C) No new reservation of federal water rights.--
Nothing in this paragraph establishes a new reservation
in favor of the United States or the Fort Belknap
Indian Community with respect to any water or water
right on the land withdrawn by paragraph (2).
(5) Technical corrections.--Notwithstanding the
descriptions of the parcels of Federal land in paragraph (2),
the United States may, with the consent of the Fort Belknap
Indian Community, make technical corrections to the legal land
descriptions to more specifically identify the parcels.
(6) Survey.--
(A) In general.--Unless the United States or the
Fort Belknap Indian Community request an additional
survey for the transferred land or a technical
correction is made under paragraph (5), the description
of land under this subsection shall be controlling.
(B) Additional survey.--If the United States or the
Fort Belknap Indian Community requests an additional
survey, that survey shall control the total acreage to
be transferred into trust under this subsection.
(C) Assistance.--The Secretary shall provide such
financial or other assistance as may be necessary--
(i) to conduct additional surveys under
this subsection; and
(ii) to satisfy administrative requirements
necessary to accomplish the land transfers
under this subsection.
(7) Date of transfer.--The Secretary shall complete all
land transfers under this subsection and shall take the land
into trust for the benefit of the Fort Belknap Indian Community
as expeditiously as practicable after the enforceability date,
but not later than 10 years after the enforceability date.
(c) Tribally Owned Fee Land.--Not later than 10 years after the
enforceability date, the Secretary shall take into trust for the
benefit of the Fort Belknap Indian Community all fee land owned by the
Fort Belknap Indian Community on or adjacent to the Reservation to
become part of the Reservation, provided that--
(1) the land is free from any liens, encumbrances, or other
infirmities; and
(2) no evidence exists of any hazardous substances on, or
other environmental liability with respect to, the land.
(d) Dodson Land.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after the enforceability date, but not later than
10 years after the enforceability date, the Dodson Land
described in paragraph (3) shall be taken into trust by the
United States for the benefit of the Fort Belknap Indian
Community as part of the Reservation.
(2) Restrictions.--The land taken into trust under
paragraph (1) shall be subject to a perpetual easement,
reserved by the United States for use by the Bureau of
Reclamation, its contractors, and its assigns for--
(A) the right of ingress and egress for Milk River
Project purposes; and
(B) the right to--
(i) seep, flood, and overflow the
transferred land for Milk River Project
purposes;
(ii) conduct routine and non-routine
operation, maintenance, and replacement
activities on the Milk River Project
facilities, including modification to the
headworks at the upstream end of the Dodson
South Canal in support of Dodson South Canal
enlargement, to include all associated access,
construction, and material storage necessary to
complete those activities; and
(iii) prohibit the construction of
permanent structures on the transferred land,
except--
(I) as provided in the cooperative
agreement under paragraph (4); and
(II) to meet the requirements of
the Milk River Project.
(3) Description of dodson land.--
(A) In general.--The Dodson Land referred to in
paragraphs (1) and (2) is the approximately 2,500 acres
of land owned by the United States that is, as of the
date of enactment of this Act, under the jurisdiction
of the Bureau of Reclamation and located at the
northeastern corner of the Reservation (which extends
to the point in the middle of the main channel of the
Milk River), where the Milk River Project facilities,
including the Dodson Diversion Dam, headworks to the
Dodson South Canal, and Dodson South Canal, are
located, and more particularly described as follows:
(i) Supplemental Plat of T. 30 N., R. 26
E., PMM, secs. 1 and 2.
(ii) Supplemental Plat of T. 31 N., R. 25
E., PMM, sec. 13.
(iii) Supplemental Plat of T. 31 N., R. 26
E., PMM, secs. 18, 19, 20, and 29.
(iv) Supplemental Plat of T. 31 N., R. 26
E., PMM, secs. 26, 27, 35, and 36.
(B) Clarification.--The supplemental plats
described in clauses (i) through (iv) of subparagraph
(A) are official plats, as documented by retracement
boundary surveys of the General Land Office, approved
on March 11, 1938, and on record at the Bureau of Land
Management.
(C) Technical corrections.--Notwithstanding the
descriptions of the parcels of Federal land in
subparagraph (A), the United States may, with the
consent of the Fort Belknap Indian Community, make
technical corrections to the legal land descriptions to
more specifically identify the parcels to be
transferred.
(4) Cooperative agreement.--Not later than 3 years after
the enforceability date, the Bureau of Reclamation, the Malta
Irrigation District, the Bureau of Indian Affairs, and the Fort
Belknap Indian Community shall negotiate and enter into a
cooperative agreement that identifies the uses to which the
Fort Belknap Indian Community may put the land described in
paragraph (3), provided that the cooperative agreement may be
amended by mutual agreement of the Fort Belknap Indian
Community, Bureau of Reclamation, the Malta Irrigation
District, and the Bureau of Indian Affairs, including to modify
the perpetual easement to narrow the boundaries of the easement
or to terminate the perpetual easement and cooperative
agreement.
(e) Land Status.--All land held in trust by the United States for
the benefit of the Fort Belknap Indian Community under this section
shall be--
(1) beneficially owned by the Fort Belknap Indian
Community; and
(2) part of the Reservation and administered in accordance
with the laws and regulations generally applicable to land held
in trust by the United States for the benefit of an Indian
Tribe.
SEC. 7. STORAGE ALLOCATION FROM LAKE ELWELL.
(a) Storage Allocation of Water to Fort Belknap Indian Community.--
The Secretary shall allocate to the Fort Belknap Indian Community
20,000 acre-feet per year of water stored in Lake Elwell for use by the
Fort Belknap Indian Community 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 for the benefit of the Fort Belknap Indian
Community, as measured and diverted at the outlet works of the Tiber
Dam or through direct pumping from Lake Elwell.
(b) Treatment.--
(1) In general.--The allocation to the Fort Belknap Indian
Community 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 Fort Belknap Indian Community under subsection (a) shall be
the priority date of the Lake Elwell water right held by the
Bureau of Reclamation.
(3) Administration.--The Fort Belknap Indian Community
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 Fort Belknap Indian Community 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 Fort Belknap Indian Community, and not the
United States, shall be entitled to all consideration
due to the Fort Belknap Indian Community under any
lease, contract, exchange, or agreement entered into by
the Fort Belknap Indian Community pursuant to
subsection (d);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Fort Belknap
Indian Community as consideration under any
lease, contract, exchange, or agreement entered
into by the Fort Belknap Indian Community
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 Fort Belknap Indian
Community shall have the same storage 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
Fort Belknap Indian Community shall be nonreimbursable;
(F) no water service capital charge shall be due or
payable for any water allocated to the Fort Belknap
Indian Community under this section or the allocation
agreement, regardless of whether that water is
delivered for use by the Fort Belknap Indian Community
or under a lease, contract, exchange, or by agreement
entered into by the Fort Belknap Indian Community
pursuant to subsection (d);
(G) the Fort Belknap Indian Community shall not be
required to make payments to the United States for any
water allocated to the Fort Belknap Indian Community
under this section or the allocation agreement, except
for each acre-foot of stored water leased or
transferred for industrial purposes as described in
subparagraph (H); and
(H) for each acre-foot of stored water leased or
transferred by the Fort Belknap Indian Community for
industrial purposes--
(i) the Fort Belknap Indian Community shall
pay annually to the United States an amount
necessary to cover the proportional share of
the annual operations, maintenance, and
replacement costs allocable to the quantity of
water leased or transferred by the Fort Belknap
Indian Community for industrial purposes; and
(ii) the annual payments of the Fort
Belknap Indian Community shall be reviewed and
adjusted, as appropriate, to reflect the actual
operations, maintenance, and replacement costs
for Tiber Dam.
(d) Agreement by Fort Belknap Indian Community.--The Fort Belknap
Indian Community may use, lease, contract, exchange, or enter into
other agreements for the use of the water allocated to the Fort Belknap
Indian Community 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 water
allocated to the Fort Belknap Indian Community under that
subsection.
(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. 8. MILK RIVER PROJECT MITIGATION.
(a) In General.--In complete satisfaction of the Milk River Project
mitigation requirements provided for in Article VI.B. of the Compact,
the Secretary, acting through the Commissioner--
(1) in cooperation with the State and the Blackfeet Tribe,
shall carry out appropriate activities concerning the
restoration of the St. Mary Canal and associated facilities,
including activities relating to the--
(A) planning and design to restore the St. Mary
Canal and appurtenances to convey 850 cubic-feet per
second; and
(B) rehabilitating, constructing, and repairing of
the St. Mary Canal and appurtenances; and
(2) in cooperation with the State and the Fort Belknap
Indian Community, shall carry out appropriate activities
concerning the enlargement of Dodson South Canal and associated
facilities, including activities relating to the--
(A) planning and design to enlarge Dodson South
Canal and headworks at the upstream end of Dodson South
Canal to divert and convey 700 cubic-feet per second;
and
(B) rehabilitating, constructing, and enlarging the
Dodson South Canal and headworks at the upstream end of
Dodson South Canal to divert and convey 700 cubic-feet
per second.
(b) Funding.--The total amount of obligations incurred by the
Secretary, prior to any adjustments provided for in section 14(b),
shall not exceed $300,000,000 to carry out activities described in
subsection (c)(1).
(c) Satisfaction of Mitigation Requirement.--Notwithstanding any
provision of the Compact, the mitigation required by Article VI.B. of
the Compact shall be deemed satisfied if--
(1) the Secretary has--
(A) restored the St. Mary Canal and associated
facilities to convey 850 cubic-feet per second; and
(B) enlarged the Dodson South Canal and headworks
at the upstream end of Dodson South Canal to divert and
convey 700 cubic-feet per second; and
(2) the Secretary--
(A) has expended all of the available funding
provided pursuant to section 14(a)(1)(D) to
rehabilitate the St Mary Canal and enlarge the Dodson
South Canal; and
(B) despite diligent efforts, could not complete
the activities described in subsection (a).
(d) Nonreimbursability of Costs.--The costs to the Secretary of
carrying out this section shall be nonreimbursable.
SEC. 9. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Assistant Secretary for Indian Affairs,
shall rehabilitate, modernize, and expand the Fort Belknap Indian
Irrigation Project, which shall include--
(1) planning, studies, and designing of the existing and
expanded Milk River unit, including the Pumping Plant, delivery
pipe and canal, Fort Belknap Dam and Reservoir, and Peoples
Creek Flood Protection Project;
(2) the rehabilitation, modernization, and construction of
the existing Milk River unit; and
(3) construction of the expanded Milk River Project,
including the Pumping Plant, delivery pipe and canal, Fort
Belknap Dam and Reservoir, and Peoples Creek Flood Protection
Project.
(b) Lead Agency.--The Bureau of Indian Affairs shall serve as the
lead agency with respect to any activities carried out under this
section.
(c) Consultation With the Fort Belknap Indian Community.--The
Secretary shall consult with the Fort Belknap Indian Community on
appropriate changes to the final design and costs of any activity under
this section.
(d) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section, prior to any adjustment
provided for in section 14(b), shall not exceed $415,832,153.
(e) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(f) Administration.--The Assistant Secretary of Indian Affairs and
the Fort Belknap Indian Community shall negotiate the cost of any
oversight activity carried out by the Bureau of Indian Affairs under
any agreement entered into under subsection (i), subject to the
condition that the total cost for the oversight shall not exceed 3
percent of the total project costs for each project.
(g) Project Efficiencies.--If the total cost of planning, studies,
design, rehabilitation, modernization, and construction activities
relating to the projects described in subsection (a) results in cost
savings and is less than the amounts authorized to be obligated, the
Secretary, at the request of the Fort Belknap Indian Community, shall
deposit those savings in the the Fort Belknap Indian Community Water
Resources and Water Rights Administration, Operation, and Maintenance
Account established under section 12(b)(2).
(h) Treatment.--Any activities carried out pursuant to this section
that result in improvements, additions, or modifications to the Fort
Belknap Indian Irrigation Project shall--
(1) become a part of the Fort Belknap Indian Irrigation
Project; and
(2) be recorded in the inventory of the Secretary relating
to the Fort Belknap Indian Irrigation Project.
(i) Applicability of ISDEAA.--At the request of the Fort Belknap
Indian Community, and in accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary
shall enter into agreements with the Fort Belknap Indian Community to
carry out all or a portion of this section.
(j) Effect.--Nothing in this section--
(1) alters any applicable law under which the Bureau of
Indian Affairs collects assessments or carries out the
operations and maintenance of the Fort Belknap Indian
Irrigation Project; or
(2) impacts the availability of amounts under section 14.
(k) Satisfaction of Fort Belknap Indian Irrigation Project System
Requirement.--The obligations of the Secretary under subsection (a)
shall be deemed satisfied if--
(1) the Secretary has rehabilitated, modernized, and
expanded the Fort Belknap Indian Irrigation Project in
accordance with subsection (a); or
(2) the Secretary--
(A) has expended all of the available funding
provided pursuant to paragraphs (1)(C) and (2)(A)(iv)
of section 14(a); and
(B) despite diligent efforts, could not complete
the activities described in subsection (a).
SEC. 10. SATISFACTION OF CLAIMS.
(a) In General.--The benefits provided under this Act shall be in
complete replacement of, complete substitution for, and full
satisfaction of any claim of the Fort Belknap Indian Community against
the United States that is waived and released by the Fort Belknap
Indian Community under section 11(a).
(b) Allottees.--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 by the United States
(acting as trustee for the allottees) under section 11(a)(2);
and
(2) any claims of the allottees against the United States
similar to the claims described in section 11(a)(2) that the
allottee asserted or could have asserted.
SEC. 11. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waiver and release of claims by the fort belknap indian
community and united states as trustee for the fort belknap
indian community.--Subject to the reservation of rights and
retention of claims under subsection (d), as consideration for
recognition of the Tribal water rights and other benefits
described in the Compact and this Act, the Fort Belknap Indian
Community, acting on behalf of the Fort Belknap Indian
Community and members of the Fort Belknap Indian Community (but
not any member of the Fort Belknap Indian Community as an
allottee), and the United States, acting as trustee for the
Fort Belknap Indian Community and the members of the Fort
Belknap Indian Community (but not any member of the Fort
Belknap Indian Community as an allottee), shall execute a
waiver and release of all claims for water rights within the
State that the Fort Belknap Indian Community, or the United
States acting as trustee for the Fort Belknap Indian Community,
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 the united states as
trustee for allottees.--Subject to the reservation of rights
and the retention of claims under subsection (d), as
consideration for recognition of the Tribal water rights and
other benefits described in the Compact and this Act, the
United States, acting as trustee for the 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 the fort belknap indian
community against the united states.--Subject to the
reservation of rights and retention of claims under subsection
(d), the Fort Belknap Indian Community, acting on behalf of the
Fort Belknap Indian Community and members of the Fort Belknap
Indian Community (but not any member of the Fort Belknap Indian
Community 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) first arising before the enforceability date
relating to--
(i) water rights within the State that the
United States, acting as trustee for the Fort
Belknap Indian Community, asserted or could
have asserted in any proceeding, including a
general stream adjudication in the State,
except to the extent that such rights are
recognized as Tribal water rights under this
Act;
(ii) foregone benefits from nontribal use
of water, on and off the Reservation (including
water from all sources and for all uses);
(iii) 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 of, or taking
of water, or claims relating to a failure to
protect, acquire, replace, or develop water,
water rights, or water infrastructure within
the State;
(iv) a failure to establish or provide a
municipal rural or industrial water delivery
system on the Reservation;
(v) damage, loss, or injury to water, water
rights, land, or natural resources due to
construction, operation, and management of the
Fort Belknap Indian Irrigation Project and
other Federal land and facilities (including
damages, losses, or injuries to Tribal
fisheries, fish habitat, wildlife, and wildlife
habitat);
(vi) a failure to provide for operation and
maintenance, or deferred maintenance, for the
Fort Belknap Indian Irrigation Project or any
other irrigation system or irrigation project;
(vii) the litigation of claims relating to
any water rights of the Fort Belknap Indian
Community in the State;
(viii) the negotiation, execution, or
adoption of the Compact (including appendices)
and this Act;
(ix) the taking or acquisition of land or
resources of the Fort Belknap Indian Community
for the construction or operation of the Fort
Belknap Indian Irrigation Project or the Milk
River Project; and
(x) the allocation of water of the Milk
River and the St. Mary River (including
tributaries) between the United States and
Canada pursuant to the International Boundary
Waters Treaty of 1909 (36 Stat. 2448); and
(B) relating to damage, loss, or injury to water,
water rights, land, or natural resources due to mining
activities in the Little Rockies Mountains prior to the
date of trust acquisition, including damages, losses,
or injuries to hunting, fishing, gathering, or cultural
rights.
(b) Effectiveness.--The waivers and releases under subsection (a)
shall take effect on the enforceability date.
(c) Objections in Montana Water Court.--Nothing in this Act or the
Compact prohibits the Fort Belknap Indian Community, a member of the
Fort Belknap Indian Community, an allottee, or the United States in any
capacity from objecting to any claim to a water right filed in any
general stream adjudication in the Montana Water Court.
(d) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsection (a), the Fort Belknap Indian
Community, acting on behalf of the Fort Belknap Indian Community and
members of the Fort Belknap Indian Community, and the United States,
acting as trustee for the Fort Belknap Indian Community and the
allottees shall retain--
(1) all claims relating to--
(A) the enforcement of water rights recognized
under the Compact, any final court decree relating to
those water rights, or this Act or to water rights
accruing on or after the enforceability date;
(B) the quality of water under--
(i) CERCLA, 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.); and
(iv) any regulations implementing the Acts
described in clauses (i) through (iii);
(C) damage, loss, or injury to land or natural
resources that are--
(i) not due to loss of water or water
rights (including hunting, fishing, gathering,
or cultural rights); and
(ii) not described in subsection (a)(3);
and
(D) an action to prevent any person or party (as
defined in sections 29 and 30 of Article II of the
Compact) from interfering with the enjoyment of the
Tribal water rights;
(2) all claims relating to off-Reservation hunting rights,
fishing rights, gathering rights, or other rights;
(3) all claims relating to the right to use and protect
water rights acquired after the date of enactment of this Act;
(4) all claims relating to the allocation of waters of the
Milk River and the Milk River Project between the Fort Belknap
Indian Community and the Blackfeet Tribe, pursuant to section
3705(e)(3) of the Blackfeet Water Rights Settlement Act (Public
Law 114-322; 130 Stat. 1818);
(5) all claims relating to the enforcement of the Act,
including the required transfer of land under section 6; and
(6) 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 authority of the Fort Belknap Indian
Community to enforce the laws of the Fort Belknap Indian
Community, including with respect to environmental protections;
(2) affects the ability of the United States, acting as
sovereign, to carry out any activity authorized by law,
including--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) CERCLA; and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(3) affects the ability of the United States to act as
trustee for any other Indian Tribe or an allottee of any other
Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party under Federal law relating to health,
safety, or the environment; or
(C) to conduct judicial review of any Federal
agency action;
(5) waives any claim of a member of the Fort Belknap Indian
Community in an individual capacity that does not derive from a
right of the Fort Belknap Indian Community;
(6) revives any claim adjudicated in the decision in Gros
Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); or
(7) revives any claim released by an allottee or member of
the Fort Belknap Indian Community in the settlement in 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) the eligible members of the Fort Belknap Indian
Community have voted to approve this Act and the Compact by a
majority of votes cast on the day of the vote;
(2)(A) the Montana Water Court has approved the Compact in
a manner from which no further appeal may be taken; or
(B) if the Montana Water Court is found to lack
jurisdiction, the appropriate district court of the United
States has approved the Compact as a consent decree from which
no further appeal may be taken;
(3) all of the amounts authorized to be appropriated under
section 14 have been appropriated and deposited in the
designated accounts;
(4) the Secretary and the Fort Belknap Indian Community
have executed an allocation agreement described in section
7(c)(1);
(5) the State has provided the required funding into the
Fort Belknap Indian Community Tribal Irrigation and Other Water
Resources Development Account of the Trust Fund pursuant to
section 14(a)(3); and
(6) the waivers and releases under subsection (a) have been
executed by the Fort Belknap Indian Community 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 for the period beginning on the
date of enactment of this Act and ending on the enforceability
date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitations or time-
based equitable defense that expired before the date of
enactment of this Act.
(h) Expiration.--
(1) In general.--This Act shall expire in any case in
which--
(A) the amounts authorized to be appropriated by
this Act have not been made available to the Secretary
by not later than--
(i) January 21, 2034; and
(ii) such alternative later date as is
agreed to by the Fort Belknap Indian Community
and the Secretary; or
(B) the Secretary fails to publish a statement of
findings under subsection (f) by not later than--
(i) January 21, 2035; and
(ii) such alternative later date as is
agreed to by the Fort Belknap Indian Community
and the Secretary, after providing reasonable
notice to the State.
(2) Consequences.--If this Act expires under paragraph
(1)--
(A) the waivers and releases under subsection (a)
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation,
and execution of the Compact under section 4 shall no
longer be effective;
(C) any action carried out by the Secretary, and
any contract or agreement entered into, pursuant to
this Act shall be void;
(D) 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 by this Act shall
be returned to the Federal Government, unless otherwise
agreed to by the Fort Belknap Indian Community and the
United States and approved by Congress; and
(E) except for Federal funds used to acquire or
construct property that is returned to the Federal
Government under subparagraph (D), the United States
shall be entitled to offset any Federal funds made
available to carry out this Act that were expended or
withdrawn, or any funds made available to carry out
this Act from other Federal authorized sources,
together with any interest accrued on those funds,
against any claims against the United States--
(i) relating to--
(I) water rights in the State
asserted by--
(aa) the Fort Belknap
Indian Community; or
(bb) any user of the Tribal
water rights; or
(II) any other matter described in
subsection (a)(3); or
(ii) in any future settlement of water
rights of the Fort Belknap Indian Community or
an allottee.
SEC. 12. AANIIIH NAKODA SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust fund for
the Fort Belknap Indian Community, to be known as the ``Aaniiih Nakoda
Settlement Trust Fund'', to be managed, invested, and distributed by
the Secretary and to remain available until expended, withdrawn, or
reverted to the general fund of the Treasury, consisting of the amounts
deposited in the Trust Fund under subsection (c), together with any
investment earnings, including 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 Fort Belknap Indian Community Tribal Irrigation and
Other Water Resources Development Account.
(2) The Fort Belknap Indian Community Water Resources and
Water Rights Administration, Operation, and Maintenance
Account.
(3) The Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Fort Belknap Indian Community Tribal Irrigation
and Other Water Resources Development Account established under
subsection (b)(1), the amounts made available pursuant to
paragraphs (1)(A) and (2)(A)(i) of section 14(a);
(2) in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account established under subsection (b)(2), the amounts made
available pursuant to section 14(a)(2)(A)(ii); and
(3) in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account established under subsection (b)(3), the amounts made
available pursuant to paragraphs (1)(B) and (2)(A)(iii) of
section 14(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into
the accounts in the Trust Fund pursuant to subsection (c), the
Secretary shall manage, invest, and distribute all amounts in
the Trust Fund in accordance with the investment authority of
the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the amounts
deposited under subsection (c), any investment earnings,
including interest, credited to amounts held in the Trust Fund
shall be available for use in accordance with subsections (e)
and (g).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, including
interest, earned on those amounts shall be made available--
(A) to the Fort Belknap Indian Community by the
Secretary beginning on the enforceability date; and
(B) subject to the uses and restrictions in this
section.
(2) Exceptions.--Notwithstanding paragraph (1)--
(A) amounts deposited in the Fort Belknap Indian
Community Tribal Irrigation and Other Water Resources
Development Account established under subsection (b)(1)
shall be available to the Fort Belknap Indian Community
on the date on which the amounts are deposited for uses
described in subparagraphs (A) and (B) of subsection
(g)(1);
(B) amounts deposited in the Fort Belknap Indian
Community Water Resources and Water Rights
Administration, Operation, and Maintenance Account
established under subsection (b)(2) shall be made
available to the Fort Belknap Indian Community on the
date on which the amounts are deposited and the Fort
Belknap Indian Community has satisfied the requirements
of section 11(f)(1), for the uses described in
subsection (g)(2)(A); and
(C) amounts deposited in the Fort Belknap Indian
Community Clean and Safe Domestic Water and Sewer
Systems, and Lake Elwell Project Account established
under subsection (b)(3) shall be available to the Fort
Belknap Indian Community on the date on which the
amounts are deposited for the uses described in
subsection (g)(3)(A).
(f) Withdrawals.--
(1) American indian trust fund management reform act of
1994.--
(A) In general.--The Fort Belknap Indian Community
may withdraw any portion of the funds in the Trust Fund
on approval by the Secretary of a Tribal management
plan submitted by the Fort Belknap Indian Community in
accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--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 this paragraph shall require that
the Fort Belknap Indian Community spend all amounts
withdrawn from the Trust Fund, and any investment
earnings accrued through the investments under the
Tribal management plan, in accordance with this Act.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary--
(i) to enforce the Tribal management plan;
and
(ii) to ensure that amounts withdrawn from
the Trust Fund by the Fort Belknap Indian
Community under this paragraph are used in
accordance with this Act.
(2) Withdrawals under expenditure plan.--
(A) In general.--The Fort Belknap Indian Community
may submit to the Secretary a request to withdraw funds
from the Trust Fund pursuant to an approved expenditure
plan.
(B) Requirements.--To be eligible to withdraw funds
under an expenditure plan under this paragraph, the
Fort Belknap Indian Community shall submit to the
Secretary for approval an expenditure plan for any
portion of the Trust Fund that the Fort Belknap Indian
Community elects to withdraw pursuant to this
paragraph, subject to the condition that the funds
shall be used for the purposes described in this Act.
(C) Inclusions.--An expenditure plan under this
paragraph 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 Fort Belknap
Indian Community in accordance with subsections (e) and
(g).
(D) Approval.--On receipt of an expenditure plan
under this paragraph, the Secretary shall approve the
expenditure plan if the Secretary determines that the
expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this Act.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan under this paragraph to ensure that amounts
disbursed under this paragraph are used in accordance
with this Act.
(g) Uses.--Amounts from the Trust Fund shall be used by the Fort
Belknap Indian Community for the following purposes:
(1) Fort belknap indian community tribal irrigation and
other water resources development account.--Amounts in the Fort
Belknap Indian Community Tribal Irrigation and Other Water
Resources Development Account established under subsection
(b)(1) shall be used to pay the cost of activities relating
to--
(A) planning, studies, and design of the Southern
Tributary Irrigation Project and the Peoples Creek
Irrigation Project, including the Upper Peoples Creek
Dam and Reservoir, as described in the Fort Belknap
Indian Community Comprehensive Water Development Plan
dated 2019;
(B) environmental compliance;
(C) construction of the Southern Tributary
Irrigation Project and the Peoples Creek Irrigation
Project, including the Upper Peoples Creek Dam and
Reservoir;
(D) wetlands restoration and development;
(E) stock watering infrastructure; and
(F) on farm development support and reacquisition
of fee lands within the Fort Belknap Indian Irrigation
Project.
(2) Fort belknap indian community water resources and water
rights administration, operation, and maintenance account.--
Amounts in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account established under subsection (b)(2), the principal and
investment earnings, including interest, may only be used by
the Fort Belknap Indian Community to pay the costs of
activities described in subparagraphs (A) through (C) as
follows:
(A) $9,000,000 shall be used for the establishment,
operation, and capital expenditures in connection with
the administration of the Tribal water resources and
water rights development, including the development or
enactment of a Tribal water code.
(B) Only investment earnings, including interest,
on $29,299,059 shall be used and be available to pay
the costs of activities for administration, operations,
and regulation of the Tribal water resources and water
rights department, in accordance with the Compact and
this Act.
(C) Only investment earnings, including interest,
on $28,331,693 shall be used and be available to pay
the costs of activities relating to a portion of the
annual assessment costs for the Fort Belknap Indian
Community and Tribal members, including allottees,
under the Fort Belknap Indian Irrigation Project.
(3) Fort belknap indian community clean and safe domestic
water and sewer systems, and lake elwell project account.--
Amounts in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account established under subsection (b)(3), the principal and
investment earnings, including interest, may only be used by
the Fort Belknap Indian Community to pay the costs of
activities relating to--
(A) planning, studies, and design of domestic water
supply, sewer collection and treatment systems, and
Lake Elwell Project, as described in the Fort Belknap
Indian Community Comprehensive Water Development Plan
dated 2019, including water delivery to the southern
part of the Reservation;
(B) construction of domestic water supply, sewer
collection, and treatment systems;
(C) construction, in accordance with applicable
law, of infrastructure for delivery of Lake Elwell
water diverted from the Missouri River to the southern
part of the Reservation; and
(D) planning, studies, design, and construction of
a Tribal wellness center for a work force health and
wellbeing project.
(h) Liability.--The Secretary shall not be liable for any
expenditure or investment of amounts withdrawn from the Trust Fund by
the Fort Belknap Indian Community pursuant to subsection (f).
(i) Project Efficiencies.--If the total cost of the activities
described in subsection (g) results in cost savings and is less than
the amounts authorized to be obligated under any of paragraphs (1)
through (3) of that subsection required to carry out those activities,
the Secretary, at the request of the Fort Belknap Indian Community,
shall deposit those savings in the Trust Fund to be used in accordance
with that subsection.
(j) Annual Report.--The Fort Belknap Indian Community shall submit
to the Secretary an annual expenditure report describing
accomplishments and amounts spent from use of withdrawals under a
Tribal management plan or an expenditure plan described in this
section.
(k) No Per Capita Payments.--No principal or interest amount in any
account established by this section shall be distributed to any member
of the Fort Belknap Indian Community on a per capita basis.
(l) Effect.--Nothing in this Act entitles the Fort Belknap Indian
Community to judicial review of a determination of the Secretary
regarding whether to approve a Tribal management plan under paragraph
(1) or an expenditure plan under paragraph (2), except as provided
under subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure Act'').
SEC. 13. FORT BELKNAP INDIAN COMMUNITY WATER SETTLEMENT IMPLEMENTATION
FUND.
(a) Establishment.--There is established in the Treasury of the
United States a non-trust, interest-bearing account to be known as the
``Fort Belknap Indian Community Water Settlement 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 Fort Belknap Indian Irrigation Project System
Account.
(2) The Milk River Project Mitigation Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Fort Belknap Indian Irrigation Project System
Account established under subsection (b)(1), the amount made
available pursuant to paragraphs (1)(C) and (2)(A)(iv) of
section 14(a); and
(2) in the Milk River Project Mitigation Account
established under subsection (b)(2), the amount made available
pursuant to section 14(a)(1)(D).
(d) Uses.--
(1) Fort belknap indian irrigation project system
account.--The Fort Belknap Indian Irrigation Project
Rehabilitation Account established under subsection (b)(1)
shall be used to carry out section 9, except as provided in
subsection (g) of that section.
(2) Milk river project mitigation account.--The Milk River
Project Mitigation Account established under subsection (b)(2)
may only be used to carry out section 8.
(e) Management.--
(1) In general.--Amounts in the Implementation Fund shall
not be available to the Secretary for expenditure until the
enforceability date.
(2) Exception.--Notwithstanding paragraph (1), amounts
deposited in the Fort Belknap Indian Irrigation Project System
Account established under subsection (b)(1) shall be available
to the Secretary on the date on which the amounts are deposited
for uses described in paragraphs (1) and (2) of section 9(a).
(f) Interest.--In addition to the deposits under subsection (c),
any interest credited to amounts unexpended in the Implementation Fund
are authorized to be appropriated to be used in accordance with the
uses described in subsection (d).
SEC. 14. FUNDING.
(a) Funding.--
(1) Authorization of appropriations.--Subject to subsection
(b), there are authorized to be appropriated to the Secretary--
(A) for deposit in the Fort Belknap Indian
Community Tribal Irrigation and Other Water Resources
Development Account of the Trust Fund established under
section 12(b)(1), $89,643,100, to be retained until
expended, withdrawn, or reverted to the general fund of
the Treasury;
(B) for deposit in the Fort Belknap Indian
Community Clean and Safe Domestic Water and Sewer
Systems, and Lake Elwell Project Account of the Trust
Fund established under section 12(b)(3), $157,371,593,
to be retained until expended, withdrawn, or reverted
to the general fund of the Treasury;
(C) for deposit in the Fort Belknap Indian
Irrigation Project System Account of the Implementation
Fund established under section 13(b)(1), such sums as
are necessary, but not more than $187,124,469, for the
Secretary to carry out section 9, to be retained until
expended, withdrawn, or reverted to the general fund of
the Treasury; and
(D) for deposit in the Milk River Project
Mitigation Account of the Implementation Fund
established under section 13(b)(2), such sums as are
necessary, but not more than $300,000,000, for the
Secretary to carry out obligations of the Secretary
under section 8, to be retained until expended,
withdrawn, or reverted to the general fund of the
Treasury.
(2) Mandatory appropriations.--
(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall deposit--
(i) in the Fort Belknap Indian Community
Tribal Irrigation and Other Water Resources
Development Account of the Trust Fund
established under section 12(b)(1),
$29,881,034, to be retained until expended,
withdrawn, or reverted to the general fund of
the Treasury;
(ii) in the Fort Belknap Indian Community
Water Resources and Water Rights
Administration, Operation, and Maintenance
Account of the Trust Fund established under
section 12(b)(2), $66,630,752;
(iii) in the Fort Belknap Indian Community
Clean and Safe Domestic Water and Sewer
Systems, and Lake Elwell Project Account of the
Trust Fund established under section 12(b)(3),
$110,628,407; and
(iv) in the Fort Belknap Indian Irrigation
Project System Account of the Implementation
Fund established under section 13(b)(1),
$228,717,684.
(B) Availability.--Amounts deposited in the Trust
Fund under subparagraph (A) shall be available without
further appropriation.
(3) State cost share.--The State shall contribute
$5,000,000, plus any earned interest, payable to the Secretary
for deposit in the Fort Belknap Indian Community Tribal
Irrigation and Other Water Resources Development Account of the
Trust Fund established under section 12(b)(1) on approval of a
final decree by the Montana Water Court for the purpose of
activities relating to the Upper Peoples Creek Dam and
Reservoir under subparagraphs (A) through (C) of section
12(g)(1).
(b) Fluctuation in Costs.--
(1) In general.--The amounts authorized to be appropriated
under paragraphs (1) and (2) of subsection (a) and this
subsection shall be--
(A) increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs occurring after the date of
enactment of this Act as indicated by the Bureau of
Reclamation Construction Cost Index--Composite Trend;
and
(B) adjusted to address construction cost changes
necessary to account for unforeseen market volatility
that may not otherwise be captured by engineering cost
indices as determined by the Secretary, including
repricing applicable to the types of construction and
current industry standards involved.
(2) Repetition.--The adjustment process under paragraph (1)
shall be repeated for each subsequent amount appropriated until
the amount authorized to be appropriated under subsection (a),
as adjusted, has been appropriated.
(3) Period of indexing.--
(A) Trust fund.--With respect to the Trust Fund,
the period of indexing adjustment under paragraph (1)
for any increment of funding shall end on the date on
which the funds are deposited into the Trust Fund.
(B) Implementation fund.--With respect to the
Implementation Fund, the period of adjustment under
paragraph (1) for any increment of funding shall be
annually.
SEC. 15. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity by the United States.--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 Fort Belknap Indian Community.
(c) Elimination of Debts or Liens Against Allotments of the Fort
Belknap Indian Community Members Within the Fort Belknap Indian
Irrigation Project.--On the date of enactment of this Act, the
Secretary shall cancel and eliminate all debts or liens against the
allotments of land held by the Fort Belknap Indian Community and the
members of the Fort Belknap Indian Community due to construction
assessments and annual operation and maintenance charges relating to
the Fort Belknap Indian Irrigation Project.
(d) Effect on Current Law.--Nothing in this Act affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to pre-enforcement
review of any Federal environmental enforcement action.
(e) Effect on Reclamation Laws.--The activities carried out by the
Commissioner 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).
(f) Additional Funding.--Nothing in this Act prohibits the Fort
Belknap Indian Community from seeking--
(1) additional funds for Tribal programs or purposes; or
(2) funding from the United States or the State based on
the status of the Fort Belknap Indian Community as an Indian
Tribe.
(g) Rights Under State Law.--Except as provided in section 1 of
Article III of the Compact (relating to the closing of certain water
basins in the State to new appropriations in accordance with the laws
of the State), nothing in this Act or the Compact precludes the
acquisition or exercise of a right arising under State law (as defined
in section 6 of Article II of the Compact) to the use of water by the
Fort Belknap Indian Community, or a member or allottee of the Fort
Belknap Indian Community, outside the Reservation by--
(1) purchase of the right; or
(2) submitting to the State an application in accordance
with State law.
(h) Water Storage and Importation.--Nothing in this Act or the
Compact prevents the Fort Belknap Indian Community from participating
in any project to import water to, or to add storage in, the Milk River
Basin.
SEC. 16. 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 by Congress
expressly to carry out the purposes of this Act; or
(2) there are not enough funds available in the Reclamation
Water Settlements Fund established by section 10501(a) of the
Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a))
to carry out the purposes of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 118-120.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Senate Committee on Indian Affairs discharged by Unanimous Consent.
Senate Committee on Indian Affairs discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S4172)
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S4188-4198)
Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S4188-4198)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
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