[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5673 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5673
To provide for the settlement of the water rights claims of the Fort
Belknap Indian Community, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 24, 2020
Mr. Gallego introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Gros Ventre and
Assiniboine Tribes of the Fort Belknap Indian Community Water Rights
Settlement Act of 2020''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification of Compact and judicial decree.
Sec. 5. Tribal water rights.
Sec. 6. Exchange and transfer of public land into trust.
Sec. 7. Storage allocation from Lake Elwell.
Sec. 8. Milk River Project.
Sec. 9. Satisfaction of claims.
Sec. 10. Waivers and releases of claims.
Sec. 11. Fort Belknap Indian Community Settlement Trust Fund.
Sec. 12. Funding.
Sec. 13. Miscellaneous provisions.
Sec. 14. Termination on failure to meet enforceability date.
Sec. 15. Antideficiency.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to fulfill the trust responsibility of the United
States to Indian Tribes and to promote Tribal sovereignty and
economic self-sufficiency by settling water rights claims of
Indian Tribes without lengthy and costly litigation;
(2) to ensure the sovereignty of the Fort Belknap Indian
Community and the economy of the Reservation will be able to
depend on the development of the water and other resources of
the Reservation;
(3) to transfer a portion of the land within the ancestral
territory of the Fort Belknap Indian Community to restore, in
part, the historical, cultural, and spiritual land of the Fort
Belknap Indian Community;
(4) to plan, design, and construct the facilities needed to
effectively use Reservation water rights, consistent with the
Compact and this Act, and other resources that are necessary
for--
(A) the development of a viable Reservation
economy; and
(B) the implementation of the water rights compact
between the Fort Belknap Indian Community and the
State;
(5) to achieve a fair, equitable, and final settlement of
claims to water rights in the State for--
(A) the Fort Belknap Indian Community; and
(B) the United States for the benefit of the Fort
Belknap Indian Community and allottees;
(6) to authorize, ratify, and confirm the Compact, to the
extent that the Compact is consistent with this Act;
(7) to authorize and require the Secretary--
(A) to execute the Compact;
(B) to make available priority funding from the
Reclamation Water Settlement Fund established by
section 10501 of the Omnibus Public Land Management Act
of 2009 (43 U.S.C. 407); and
(C) to take any other actions necessary to carry
out the Compact in accordance with this Act;
(8) to authorize and appropriate funds, including for
certain economic development initiatives and projects on the
Reservation, necessary for the implementation of the Compact
and this Act in order to support a final water rights
settlement for the Fort Belknap Indian Community that results
in measurable benefits to the Tribes and members; and
(9) 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 or
the Fort Belknap Indian Community 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) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(4) 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 (2019); and
(B) any exhibit (including exhibit amendments),
part, or amendment to the Compact that is executed to
make the Compact consistent with this Act.
(5) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(6) Dodson.--The term ``Dodson'' means the facilities of
the Milk River Project, including the Dodson Diversion Dam and
Dodson South Canal, owned by the Bureau of Reclamation and
located in the northeastern corner of, and within the exterior
boundary of, the Reservation.
(7) Enforceability date.--The term ``enforceability date''
means the date described in section 10(f).
(8) 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 Tribe 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)).
(9) Fort belknap indian community council.--The term ``Fort
Belknap Indian Community Council'' means the governing body of
the Fort Belknap Indian Community.
(10) Fresno reservoir.--The term ``Fresno Reservoir'' means
the dam and reservoir of the Milk River Project, located on the
Milk River 14 miles west of Havre, Montana, and authorized by
the Act of June 16, 1933 (48 Stat. 195, chapter 90) (commonly
known as the ``National Industrial Recovery Act'').
(11) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(12) Joint board.--The term ``Joint Board'' means the Joint
Board of Control for the Milk River Project established in
accordance with State law.
(13) 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.
(14) 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.
(15) Milk river.--The term ``Milk River'' means the
mainstem of the Milk River and each tributary of the Milk River
between the headwater 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.
(16) Milk river coordinating committee.--The term ``Milk
River Coordinating Committee'' means the committee established
by article IV.C. of the Compact.
(17) 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 the St. Mary Unit.
(18) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River,
including tributaries.
(19) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity associated
with the day-to-day operation of a project;
(B) any activity relating to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to replacing a feature of
a project.
(20) 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)).
(21) PMM.--The term ``PMM'' means the Principal Meridian,
Montana.
(22) Reservation.--
(A) In general.--The term ``Reservation'' means the
area of the Fort Belknap Reservation in the State, as
defined in the Compact and modified by section 6.
(B) Inclusions.--The term ``Reservation'' includes
all land and interests in land--
(i) held in trust by the United States for
the benefit of the Fort Belknap Indian
Community, including the land within the
boundary 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); and
(II) the Act of March 3, 1921 (41
Stat. 1355, chapter 135); and
(ii) to be held in trust by the United
States for the benefit of the Fort Belknap
Indian Community pursuant to section 6.
(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) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(25) Service contract.--The term ``service contract'' means
a business or commercial agreement between a contractor and a
customer covering maintenance and servicing of facilities over
a specified period.
(26) State.--The term ``State'' means the State of Montana.
(27) 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--
(A) the allocation of water to the Fort Belknap
Indian Community from Lake Elwell under section 7; and
(B) the water rights of allottees.
(28) Trust fund.--The term ``Trust Fund'' means the Fort
Belknap Indian Community Settlement Trust Fund established
under section 11(b)(1).
SEC. 4. RATIFICATION OF COMPACT AND JUDICIAL DECREE.
(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 executed
after the date of enactment of this Act 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 exhibits to, or parts of, the Compact
requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act precludes the
Secretary from approving any modification to an appendix or
exhibit to the Compact that is consistent with this Act, to the
extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this Act,
the Secretary shall comply with all applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(C) all other applicable environmental laws and
regulations.
(2) Effect of execution.--
(A) In general.--The execution of the Compact by
the Secretary under this subsection shall not
constitute a major Federal action for purposes of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(B) Compliance.--The Secretary shall carry out all
Federal compliance activities necessary to implement
the Compact and this Act.
SEC. 5. 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 in accordance
with this Act; and
(2) shall not be subject to 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 the use of
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) Authority.--
(A) In general.--The Fort Belknap Indian Community
shall--
(i) govern the use of the Tribal water
rights pursuant to Tribal law and applicable
Federal law; and
(ii) have--
(I) administrative, regulatory, and
adjudicatory authority over all Tribal
water rights, including the authority
to allocate, distribute, use, and
temporarily transfer by service
contract, lease, exchange, or other
agreement the Tribal water rights for
any use on the Reservation; and
(II) subject to the approval of the
Secretary, the authority to voluntarily
allocate, distribute, use, and
temporarily transfer by service
contract, lease, exchange, or other
agreement the Tribal water rights off
the Reservation within the Missouri
River Basin.
(B) Modification of compact.--If applicable State
and Federal laws are amended or expanded after the date
of enactment of this Act to authorize water users to
transfer water rights interbasin, interstate, or
internationally, the Compact shall be amended to
recognize, and this Act shall recognize, the right and
authority of the Fort Belknap Indian Community to
temporarily transfer Tribal water rights of the Fort
Belknap Indian Community to the same extent permissible
for State-based and other water rights users.
(2) Requirements.--A service contract, lease, exchange, or
other agreement referred to in subclauses (I) and (II) of
paragraph (1)(A)(ii)--
(A) shall be for a term of not more than 100 years;
(B) may include provisions for renewal of the
agreement for an additional term of not more than 100
years; and
(C) shall not permanently alienate any portion of
the Tribal water rights.
(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.
(4) Deferral or forbearance of tribal water use.--
(A) In general.--In accordance with the right of
the Fort Belknap Indian Community to choose to limit
the development and use of the Tribal water rights by
the Fort Belknap Indian Community and to allow the
water of the Tribal water rights to pass through the
priority system to be diverted by a third party for
compensation, as negotiated by the Fort Belknap Indian
Community, the deferral or forbearance of the use of
Tribal water rights shall be permissible.
(B) Limitations.--The deferral or forbearance of
the use of the Tribal water rights under subparagraph
(A) shall not be considered to be--
(i) a transfer of the Tribal water rights
off the Reservation under paragraph
(1)(A)(ii)(II); or
(ii) a transfer of title of the Tribal
water rights.
(f) 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 10(f)(1), the Fort Belknap Indian
Community shall enact a Tribal water code that--
(A) is consistent with the Compact and this Act;
and
(B) provides for--
(i) the administration, management,
regulation, enforcement, and governance,
including adjudicatory jurisdiction, of the
Tribal water rights and all uses of the Tribal
water rights; and
(ii) the establishment by the Fort Belknap
Indian Community of the conditions, permit
requirements, and other requirements for the
allocation, distribution, and use of the Tribal
water rights, including irrigation, livestock,
domestic, commercial, municipal, industrial,
cultural, and recreational uses.
(2) Inclusions.--Subject to paragraph (3)(B)(i), the Tribal
water code shall--
(A) provide that use of water by allottees shall be
satisfied with water from the Tribal water rights;
(B) provide for 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) provide for a due process system that includes
a process by which the Fort Belknap Indian Community
can resolve disputes, including a process for the
resolution of--
(i) any contested administrative decision,
including any denial of a request for an
allocation of water from the Tribal water
rights by--
(I) an allottee for irrigation
purposes on allotted land;
(II) a successor-in-interest to an
allottee;
(III) any other member of the Fort
Belknap Indian Community; or
(IV) an owner of fee land within
the boundaries of the Reservation; and
(ii) the appeal and adjudication of
administrative decisions under clause (i) and
any denied or disputed distribution of water;
and
(D) include a requirement that--
(i) 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); and
(ii) any other Tribal water user asserting
a claim relating to the enforcement of rights
under the Tribal water code shall exhaust all
remedies available under Tribal 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 the
Tribal water rights, including with respect to the
rights of allottees, in accordance with this Act.
(B) Approval.--The Tribal water code described in
paragraphs (1) and (2) shall not be valid unless--
(i) the provisions of the Tribal water code
required by paragraph (2) are approved by the
Secretary; and
(ii) each amendment to the Tribal water
code that affects a right of an allottee is
approved by the Secretary.
(C) Approval period.--
(i) In general.--The Secretary shall--
(I) 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; and
(II) notify the Fort Belknap Indian
Community of the decision of the
Secretary by not later than 15 days
after the date on which the Secretary
makes the decision.
(ii) No action.--If the Secretary does not
approve or disapprove the Tribal water code or
amendment to the Tribal water code and notify
the Fort Belknap Indian Community by the
applicable deadlines described in clause (i),
the Tribal water code or amendment to the
Tribal water code shall be deemed to be
approved.
(iii) Disapproval.--If the Secretary
disapproves the Tribal water code or amendment
to the Tribal water code, the Secretary, in
consultation with the Fort Belknap Indian
Community, shall have 90 days to resolve the
basis for the disapproval, and if the basis for
the disapproval has not been resolved by that
date, the Tribal water code shall be deemed
approved.
(iv) Extensions.--The deadlines described
in clauses (i)(I) and (iii) may be extended by
the Secretary with the agreement of the Fort
Belknap Indian Community.
(g) 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 by treaty or
convention imposed by section 2116 of the Revised Statutes (25
U.S.C. 177).
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal water rights by any water user shall not
result in the forfeiture, abandonment, relinquishment, or other
loss by the Fort Belknap Indian Community of all or any portion
of the Tribal water rights.
(h) Effect.--Except as otherwise expressly provided in this
section, nothing in this Act--
(1) authorizes any action by an allottee against any
individual or entity, or against the 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.
(i) Pick-Sloan Missouri River Basin Program Power Rates.--The
Secretary, in cooperation with the Secretary of Energy, shall make
available, at project use power pumping preferred rates established as
of the date of enactment of this Act, Pick-Sloan Missouri River Basin
Program pumping power to not more than 37,425 net acres under
irrigation pursuant to projects of the Fort Belknap Indian Community.
SEC. 6. EXCHANGE AND TRANSFER OF PUBLIC LAND INTO TRUST.
(a) Exchange of Federal and State Land.--
(1) In general.--In partial satisfaction of claims relating
to Indian water rights covered by this Act, the Fort Belknap
Indian Community agrees to the exchange and transfer of land in
accordance with this subsection.
(2) State land.--The Secretary shall offer to enter into
negotiations with the State for the purpose of exchanging
Federal land described in paragraph (3) for 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. 25 N., R. 22 E., sec. 16.
(E) 600 acres in T. 27 N., R. 20 E., sec. 36,
comprised of--
(i) 160 acres in the SE\1/4\;
(ii) 160 acres in the SW\1/4\;
(iii) 160 acres in the NW\1/4\;
(iv) 80 acres in the S\1/2\ of the NE\1/4\;
and
(v) 40 acres in the NW\1/4\ of the NE\1/4\.
(F) 640 acres in T. 27 N., R. 21 E., sec. 16.
(G) 640 acres in T. 28 N., R. 21 E., sec. 27.
(H) 639.04 acres in T. 28 N., R. 22 E., sec. 16.
(I) 73.36 acres in T. 29 N., R. 22 E., sec. 16,
comprised of--
(i) 18.09 acres in lot 1;
(ii) 18.25 acres in lot 2;
(iii) 18.43 acres in lot 3; and
(iv) 18.59 acres in lot 4.
(J) 58.72 acres in T. 30 N., R. 22 E., sec. 16,
comprised of--
(i) 14.49 acres in lot 9;
(ii) 14.61 acres in lot 10;
(iii) 14.75 acres in lot 11; and
(iv) 14.87 acres in lot 12.
(K) 640 acres in T. 29 N., R. 22 E., sec. 8.
(L) 400 acres in T. 29 N., R. 22 E., sec. 17,
comprised of--
(i) 320 acres in the N\1/2\; and
(ii) 80 acres in the N\1/2\ of the SW\1/4\.
(M) 120 acres in T. 29 N., R. 22 E., sec. 18,
comprised of--
(i) 80 acres in the E\1/2\ of the NE\1/4\;
and
(ii) 40 acres in the NE\1/4\ of the SE\1/
4\.
(N) 640 acres in T. 26 N., R. 23 E., sec. 16.
(O) 640 acres in T. 26 N., R. 23 E., sec. 36.
(P) 640 acres in T. 26 N., R. 26 E., sec. 16.
(Q) 640 acres in T. 26 N., R. 22 E., sec. 36.
(R) 640 acres in T. 26 N., R. 24 E., sec. 16.
(S) 640 acres in T. 27 N., R. 23 E., sec. 16.
(T) 640 acres in T. 27 N., R. 25 E., sec. 36.
(U) 640 acres in T. 28 N., R. 22 E., sec. 36.
(V) 640 acres in T. 28 N., R. 23 E., sec. 16.
(W) 640 acres in T. 28 N., R. 24 E., sec. 36.
(X) 640 acres in T. 28 N., R. 25 E., sec. 16.
(Y) 640 acres in T. 28 N., R. 25 E., sec. 36.
(Z) 640 acres in T. 28 N., R. 26 E., sec. 16.
(AA) 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.
(BB) 652.32 acres in T. 29 N., R. 22 E., sec. 16,
excluding the 73.36 acres under lease by Ben Hofeldt,
et al., on the date of enactment of this Act.
(CC) 640 acres in T. 29 N., R. 22 E., sec. 36.
(DD) 640 acres in T. 29 N., R. 23 E., sec. 16.
(EE) 640 acres in T. 29 N., R. 24 E., sec. 16.
(FF) 640 acres in T. 29 N., R. 24 E., sec. 36.
(GG) 640 acres in T. 29 N., R. 25 E., sec. 16.
(HH) 640 acres in T. 29 N., R. 25 E., sec. 36.
(II) 640 acres in T. 29 N., R. 26 E., sec. 16.
(JJ) 663.22 acres in T. 30 N., R. 22 E., sec. 16,
excluding the 58.72 acres under lease by Walter and
Amelia Funk on the date of enactment of this Act.
(KK) 640 acres in T. 30 N., R. 22 E., sec. 36.
(LL) 640 acres in T. 30 N., R. 23 E., sec. 16.
(MM) 640 acres in T. 30 N., R. 23 E., sec. 36.
(NN) 640 acres in T. 30 N., R. 24 E., sec. 16.
(OO) 640 acres in T. 30 N., R. 24 E., sec. 36.
(PP) 640 acres in T. 30 N., R. 25 E., sec. 16.
(QQ) 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.
(RR) 640 acres in T. 31 N., R. 22 E., sec. 36.
(SS) 640 acres in T. 31 N., R. 23 E., sec. 16.
(TT) 640 acres in T. 31 N., R. 23 E., sec. 36.
(UU) 34.04 acres in T. 31 N., R. 26 E., sec. 16,
lot 4.
(VV) 543.84 acres in T. 28 N., R. 26 E., sec. 36,
comprised of--
(i) 9.15 acres in lot 1;
(ii) 13.69 acres in lot 2;
(iii) 18.23 acres in lot 3;
(iv) 22.77 acres in lot 4;
(v) 40 acres in the NE\1/4\ of the NE\1/4\;
(vi) 40 acres in the NE\1/4\ of the NW\1/
4\;
(vii) 40 acres in the NE\1/4\ of the SE\1/
4\;
(viii) 40 acres in the NE\1/4\ of the SW\1/
4\;
(ix) 40 acres in the NW\1/4\ of the NE\1/
4\;
(x) 40 acres in the NW\1/4\ of the SE\1/4\;
(xi) 40 acres in the SE\1/4\ of the NE\1/
4\;
(xii) 40 acres in the SE\1/4\ of the NW\1/
4\;
(xiii) 40 acres in the SE\1/4\ of the SE\1/
4\;
(xiv) 40 acres in the SE\1/4\ of the SW\1/
4\;
(xv) 40 acres in the SW\1/4\ of the NE\1/
4\; and
(xvi) 40 acres in the SW\1/4\ of the SE\1/
4\.
(WW) 369.36 acres in T. 30 N., R. 26 E., sec. 36,
comprised of--
(i) 45.82 acres in lot 1;
(ii) 10.16 acres in lot 2;
(iii) 14.52 acres in lot 3;
(iv) 18.86 acres in lot 4;
(v) 40 acres in the NE\1/4\ of the NE\1/4\;
(vi) 40 acres in the SW\1/4\ of the NE\1/
4\;
(vii) 40 acres in the SE\1/4\ of the NE\1/
4\;
(viii) 40 acres in the NE\1/4\ of the SE\1/
4\;
(ix) 40 acres in the NW\1/4\ of the SE\1/
4\;
(x) 40 acres in the SE\1/4\ of the SE\1/4\;
and
(xi) 40 acres in the SW\1/4\ of the SE\1/
4\.
(3) Federal land.--
(A) In general.--Notwithstanding any other
provision of law, subject to subparagraph (B), for
purposes of a land exchange under this subsection, the
Secretary may exchange any Federal land within 100
miles of the Reservation.
(B) Completion.--A land exchange under subparagraph
(A) shall be completed by not later than 15 years after
the date of enactment of this Act.
(4) Requirements.--
(A) Value.--The Secretary shall negotiate with the
State using the roughly equivalent theory of valuation
of any Federal land exchanged for State land.
(B) Basis.--Unless the Secretary and the State
specifically agree otherwise, each land exchange under
this subsection shall be on a whole-estate for whole-
estate basis.
(5) Existing rights and uses.--
(A) Uses.--
(i) In general.--Subject to clause (ii),
any use (including grazing) authorized under a
valid lease, permit, or right-of-way on land
exchanged under this subsection, as in effect
on the date of the transfer, shall remain in
effect until the date on which the lease,
permit, or right-of-way expires.
(ii) Exception.--Clause (i) shall not apply
if the holder of the lease, permit, or right-
of-way requests an earlier termination of the
lease, permit, or right-of-way in accordance
with applicable law.
(B) Improvements.--Any improvements constituting
personal property (as defined by State law) on land
exchanged under this subsection by the holder of the
lease, permit, or right-of-way shall remain the
property of the holder and shall be removed not later
than 90 days after the date on which the lease, permit,
or right-of-way expires, unless the Fort Belknap Indian
Community and the holder agree otherwise.
(C) Eligibility.--Notwithstanding paragraph (3)(B),
if, at any time after the date of enactment of this
Act, the Fort Belknap Indian Community Council enters
into a lease for any other State parcel or secures the
written consent of each lessee of any other State
parcel to the exchange of that parcel, the other State
parcel shall be eligible for exchange and transfer
under this subsection.
(6) Quantity of state land to be exchanged or
transferred.--
(A) On reservation.--The total quantity of State
land located within the boundaries of the Reservation
that shall be exchanged and transferred under this
subsection is 20,296.1 acres.
(B) Off reservation.--The total quantity of State
land located outside of the boundaries of the
Reservation that shall be exchanged and transferred
under this subsection is 7,413 acres.
(b) Federal Land Transfers.--
(1) In general.--In partial satisfaction of claims relating
to Indian water rights covered by this Act, the Fort Belknap
Indian Community agrees to the transfer of land in accordance
with this subsection.
(2) Transfers.--
(A) In general.--Subject to subparagraphs (B) and
(C), on selection and request by the Fort Belknap
Indian Community, the Secretary shall restore all
Federal land within the parcels described in paragraph
(3) to the Fort Belknap Indian Community by transfer to
the United States, to be held in trust for the benefit
of the Fort Belknap Indian Community.
(B) Valid existing rights.--Any land subject to
valid existing private rights, including land subject
to sections 2318 through 2352 of the Revised Statutes
(commonly known as the ``Mining Law of 1872'') (30
U.S.C. 21 et seq.), shall not be transferred under
subparagraph (A).
(C) Easements.--Any road within a parcel described
in paragraph (3) that is necessary for customary access
to a fee parcel by the fee owner or another private
right shall be continued with guaranteed access to the
fee parcel or private right through an easement at the
expense of the fee owner or owner of the private right.
(3) Description of parcels.--The parcels referred to in
paragraph (2) are the following:
(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) 41.11 acres in the E\1/4\ of
the NE\1/4\; and
(II) 362.45 acres in the S\1/2\.
(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) 81.73 acres in T. 25 N., R. 22 E.,
sec. 15, comprised of--
(I) 29.50 acres in lot 7;
(II) 17.28 acres in lot 8;
(III) 17.41 acres in lot 9; and
(IV) 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) 513.49 acres in T. 26 N., R. 22 E.,
sec. 21, comprised of--
(I) 160 acres in the NW\1/4\; and
(II) 353.49 acres in the S\1/2\.
(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) 97.40 acres in T. 27 N., R. 21 E.,
sec. 2, comprised of--
(I) 24.34 acres in lot 1;
(II) 24.35 acres in lot 2;
(III) 24.35 acres in lot 3; and
(IV) 24.36 acres in lot 4.
(xxiv) 168.72 acres in T. 27 N., R. 21 E.,
sec. 3, comprised of--
(I) 24.36 acres in lot 1;
(II) 24.36 acres in lot 2;
(III) 40 acres in lot 8;
(IV) 40 acres in lot 11; and
(V) 40 acres in lot 12.
(xxv) 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\.
(xxvi) 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\.
(xxvii) 38.87 acres in the NW\1/4\ of the
SW\1/4\ of T. 27 N., R. 21 E., sec. 19.
(xxviii) 40 acres in the SE\1/4\ of the
NE\1/4\ of T. 27 N., R. 21 E., sec. 23.
(xxix) 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\.
(xxx) 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\.
(xxxi) 40 acres in the NE\1/4\ of the SE\1/
4\ of T. 27 N., R. 21 E., sec. 26.
(xxxii) 160 acres in the NW\1/4\ of T. 27
N., R. 21 E., sec. 27.
(xxxiii) 40 acres in the SW\1/4\ of the
SW\1/4\ of T. 27 N., R. 21 E., sec. 29.
(xxxiv) 40 acres in the SW\1/4\ of the
NE\1/4\ of T. 27 N., R. 21 E., sec 30.
(xxxv) 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\.
(xxxvi) 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\.
(xxxvii) 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.
(xxxviii) 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\.
(xxxix) 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\.
(xl) 40 acres in the SW\1/4\ of the NW\1/4\
of T. 27 N., R. 22 E., sec. 9.
(xli) 40 acres in the NE\1/4\ of the SW\1/
4\ of T. 27 N., R. 22 E., sec. 17.
(xlii) 40 acres in the NW\1/4\ of the NW\1/
4\ of T. 27 N., R. 22 E., sec. 19.
(xliii) 40 acres in the SE\1/4\ of the
NW\1/4\ of T. 27 N., R22 E., sec. 20.
(xliv) 80 acres in the W\1/2\ of the SE\1/
4\ of T. 27 N., R. 22 E., sec. 31.
(xlv) 52.36 acres in the SE\1/4\ of the
SE\1/4\ of T. 27 N., R. 22 E., sec. 33.
(xlvi) 40 acres in the NE\1/4\ of the SW\1/
4\ of T. 28 N., R. 22 E., sec. 29.
(xlvii) 40 acres in the NE\1/4\ of the
NE\1/4\ of T. 26 N., R. 21 E., sec. 7.
(xlviii) 40 acres in the SW\1/4\ of the
NW\1/4\ of T. 26 N., R. 21 E., sec. 12.
(xlix) 42.38 acres in the NW\1/4\ of the
NE\1/4\ of T. 26 N., R. 22 E., sec. 6.
(l) 320 acres in the E\1/2\ of T. 26 N., R.
22 E., sec. 17.
(li) 80 acres in the E\1/2\ of the NE\1/4\
of T. 26 N., R. 22 E., sec. 20.
(lii) 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) Department of agriculture parcels.--The parcels
of approximately 3,519.3 acres of trust land that has
been converted to fee land, judicially foreclosed on,
and acquired by the Department of Agriculture described
in clauses (i) through (iii).
(i) Benjamin kirkaldie.--The land described
in this clause is 640 acres in T. 29 N., R. 26
E., comprised of--
(I) the SW\1/4\ of sec. 27;
(II) the NE\1/4\ of sec. 33; and
(III) the W\1/2\ of sec. 34.
(ii) Emma lamebull.--The land described in
this clause is 320 acres in the N\1/2\ of T. 30
N., R. 23 E., sec. 28.
(iii) Alfred minugh.--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) the E\1/2\,
W\1/2\, E\1/2\, W\1/2\,
W\1/2\, NE\1/4\;
(BB) the E\1/2\,
E\1/2\, W\1/2\, W\1/2\,
NE\1/4\;
(CC) the E\1/2\,
W\1/2\, NE\1/4\;
(DD) the W\1/2\,
E\1/2\, NE\1/4\;
(EE) the W\1/2\,
E\1/2\, E\1/2\, NE\1/
4\;
(FF) the W\1/2\,
W\1/2\, E\1/2\, E\1/2\,
E\1/2\, NE\1/4\; and
(GG) the SE\1/4\;
(bb) all of sec. 21;
(cc) the S\1/2\ of sec. 22;
and
(dd) the W\1/2\ of sec. 27;
(II) T. 29 N., R. 25 E., PMM,
including--
(aa) the S\1/2\ of sec. 1;
and
(bb) 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) the SW\1/4\ of the
SW\1/4\ of sec. 4;
(cc) the E\1/2\ of the
SE\1/4\ of sec. 5;
(dd) the S\1/2\ of the
SE\1/4\ of sec. 7; and
(ee) the N\1/2\, N\1/2\,
NE\1/4\ of sec. 18; and
(V) T. 31 N., R. 26 E., PMM, the
NW\1/4\ of the SE\1/4\ of sec. 31.
(C) Grinnell lands.--The following parcels, known
as the ``Grinnell Lands'':
(i) 547.20 acres in T. 25 N., R. 24 E.,
sec. 1, exterior to the CERCLA boundary,
comprised of--
(I) lots 1 through 12; and
(II) 160 acres of the SW\1/4\.
(ii) 275.55 acres in T. 25 N., R. 24 E.,
sec. 11, exterior to the CERCLA boundary.
(iii) 682.45 acres in T. 25 N., R. 24 E.,
sec. 2, comprised of--
(I) lots 1 through 12;
(II) 40 acres in each of--
(aa) the SESW;
(bb) the SWSW;
(cc) the NESW; and
(dd) the NWSW; and
(III) 135.73 acres of the SE\1/4\.
(iv) 463.99 acres in T. 25 N., R. 24 E.,
sec. 3, comprised of--
(I) lots 5 through 15; and
(II) 160 acres of the SE\1/4\.
(v) 109.48 acres in T. 25 N., R. 24 E.,
sec. 10, comprised of--
(I) lot 5; and
(II) 80 acres of the N\1/2\ of the
NE\1/4\.
(vi) 139.17 acres in T. 25 N., R. 24 E.,
sec. 12, exterior to the CERCLA boundary,
comprised of--
(I) lots 14 and 15; and
(II) 80 acres of the N\1/2\ of the
NW\1/4\.
(vii) 322.77 acres in T. 25 N., R. 24 E.,
sec. 16, comprised of--
(I) lots 9 through 12; and
(II) 160 acres of the S\1/2\ of the
S\1/2\.
(viii) 391.45 acres in T. 25 N., R. 24 E.,
sec. 17, comprised of--
(I) lots 8, 9, 10, and 13;
(II) 40 acres of the NW\1/4\ of the
SE\1/4\;
(III) 80 acres of the N\1/2\ of the
SW\1/4\; and
(IV) 160 acres of the S\1/2\ of the
S\1/2\.
(ix) 320 acres in the W\1/2\ of T. 25 N.,
R. 24 E., sec. 21, exterior to the CERCLA
boundary.
(x) 79.47 acres in T. 25 N., R. 25 E., sec.
2, comprised of lots 3 through 7.
(xi) 647.09 acres in T. 25 N., R. 25 E.,
sec. 3, comprised of--
(I) lots 4 through 17;
(II) 40 acres of the NW\1/4\ of the
SE\1/4\; and
(III) 160 acres of the SW\1/4\.
(xii) 695.09 acres in T. 25 N., R. 25 E.,
sec. 4, comprised of--
(I) lots 1 through 12; and
(II) 320 acres of the S\1/2\.
(xiii) 671.39 acres in T. 25 N., R. 25. E.,
sec. 5, comprised of--
(I) lots 1 through 12; and
(II) 320 acres of the S\1/2\.
(xiv) 543.56 acres in T. 25 N., R. 25 E.,
sec. 6, exterior to the CERCLA boundary,
comprised of--
(I) lots 1 through 12; and
(II) 160 acres of the SE\1/4\.
(xv) 480 acres in T. 25 N., R. 25 E., sec.
8, exterior to the CERCLA boundary, comprised
of--
(I) 320 acres of the N\1/2\; and
(II) 160 acres of the SE\1/4\.
(xvi) 640 acres in T. 25 N., R. 25 E., sec.
9.
(xvii) 202.76 acres in T. 25 N., R. 25 E.,
sec. 10, comprised of--
(I) lots 6 through 11; and
(II) 80 acres of the W\1/2\ of the
NW\1/4\.
(xviii) 17.66 acres in T. 26 N., R. 24 E.,
sec. 22, lot 3.
(xix) 109.33 acres in T. 26 N., R. 24 E.,
sec. 23, comprised of lots 5 through 7.
(xx) 443.59 acres in T. 26 N., R. 24 E.,
sec. 25, comprised of--
(I) lots 5 through 10;
(II) 160 acres of the SW\1/4\;
(III) 40 acres of the SW\1/4\ of
the NW\1/4\; and
(IV) 80 acres of the W\1/2\ of the
SE\1/2\.
(xxi) 630.36 acres in T. 26 N., R. 24 E.,
sec. 26, comprised of--
(I) lots 2 through 5;
(II) 320 acres of the S\1/2\; and
(III) 160 acres of the S\1/2\ of
the N\1/2\.
(xxii) 91.97 acres in T. 26 N., R. 24 E.,
sec. 27, comprised of lots 5 through 8.
(xxiii) 291.60 acres in T. 26 N., R. 24 E.,
sec. 34, comprised of--
(I) lots 5 through 8;
(II) 160 acres of the E\1/2\ of the
E\1/2\; and
(III) 40 acres of the SW\1/4\ of
the SE\1/4\.
(xxiv) 640 acres in T. 26 N., R. 24 E.,
sec. 35.
(xxv) 640 acres in T. 26 N., R. 24 E., sec.
36.
(xxvi) 13 acres in T. 26 N., R. 25 E., sec.
25.
(xxvii) 246.54 acres in T. 26 N., R. 25 E.,
sec. 26, comprised of lots 6 through 15.
(xxviii) 245.20 acres in T. 26 N., R. 25
E., sec. 27, comprised of lots 5 through 12.
(xxix) 275.44 acres in T. 26 N., R. 25 E.,
sec. 28, comprised of lots 5 through 12.
(xxx) 308.80 acres in T. 26 N., R. 25 E.,
sec. 29, comprised of lots 5 through 12.
(xxxi) 287.86 acres in T. 26 N., R. 25 E.,
sec. 30, comprised of lots 6 through 13.
(xxxii) 634.30 acres in T. 26 N., R. 25 E.,
sec. 31, comprised of--
(I) lots 1 through 4;
(II) 320 acres of the E\1/2\; and
(III) 160 acres of the E\1/2\ of
the W\1/2\.
(xxxiii) 640 acres in T. 26 N., R. 25 E.,
sec. 32.
(xxxiv) 640 acres in T. 26 N., R. 25 E.,
sec. 33.
(xxxv) 640 acres in T. 26 N., R. 25 E.,
sec. 34.
(xxxvi) 488.08 acres in T. 26 N., R. 25 E.,
sec. 35, comprised of--
(I) lots 5 through 10;
(II) 80 acres of the N\1/2\ of the
SW\1/4\;
(III) 160 acres of the NW\1/4\; and
(IV) 40 acres of the SW\1/4\ of the
SW\1/4\.
(D) Bureau of reclamation parcels.--
(i) In general.--Subject to clause (ii),
the Bureau of Reclamation land described in
clause (iii) shall be transferred by the United
States to the Fort Belknap Indian Community
without charge, to be held in trust by the
United States for the benefit of the Fort
Belknap Indian Community.
(ii) Restrictions.--
(I) In general.--A transfer under
this subparagraph shall not occur
unless and until a cooperative
agreement has been negotiated among the
Bureau of Reclamation, the Bureau of
Indian Affairs, and the Fort Belknap
Indian Community--
(aa) to ensure that the
Bureau of Reclamation and any
successor in interest,
including the Malta Irrigation
District, shall retain adequate
rights-of-way to carry out
OM&R, consistent with all
applicable laws and any
delivery contracts within the
Reservation in effect on the
date of enactment of this Act,
at the Milk River Project and
Dodson;
(bb) to manage and
implement the planning, design,
and construction activities
described in this section; and
(cc) to agree on the uses
to which the Fort Belknap
Indian Community may put the
land described in clause (iii).
(II) Milk river project.--The
transfer of the Bureau of Reclamation
land described in clause (iii) shall be
subject to--
(aa) the right of ingress
and egress by personnel of the
Bureau of Reclamation, the
Malta Irrigation District (or a
successor in interest to the
Malta Irrigation District), and
other authorized personnel for
Milk River Project purposes;
(bb) all existing rights-
of-way of record or in use for
Dodson and access to Dodson for
Milk River Project purposes, as
determined by the Bureau of
Reclamation, the Malta
Irrigation District (or a
successor in interest to the
Malta Irrigation District), and
authorized personnel; and
(cc) the right of the
Bureau of Reclamation and the
Malta Irrigation District (or a
successor in interest to the
Malta Irrigation District)--
(AA) to seep,
flood, and overflow the
transferred land for
Milk River Project
purposes; and
(BB) to prohibit
the construction of
permanent structures on
the transferred land,
except as provided in
the cooperative
agreement under
subclause (I) and
except to meet the
requirements of the
irrigation project.
(iii) Description of land.--The Bureau of
Reclamation land to be transferred under this
subparagraph is the approximately 2,575 acres
of land owned by the United States on the
northeast corner of the Reservation, comprised
of--
(I) 310.97 acres in T. 30 N., R. 26
E., sec. 1, comprised of--
(aa) 10.15 acres in lot 10;
(bb) 37.96 acres in lot 11;
(cc) 37.90 acres in the
NE\1/4\ of the SW\1/4\;
(dd) 10.06 acres in the
NW\1/4\ of the NW\1/4\;
(ee) 40 acres in the NW\1/
4\ of the SE\1/4\;
(ff) 2.18 acres in the
SE\1/4\ of the NW\1/4\;
(gg) 30.20 acres in the
SE\1/4\ of the SE\1/4\;
(hh) 34.53 acres in the
SE\1/4\ of the SW\1/4\;
(ii) 23.30 acres in the
SW\1/4\ of the NE\1/4\;
(jj) 15.76 acres in the
SW\1/4\ of the NW\1/4\;
(kk) 32.17 acres in the
SW\1/4\ of the SE\1/4\; and
(ll) 36.76 acres in the
NW\1/4\ of the SW\1/4\;
(II) 15.81 acres in T. 30 N., R. 26
E., sec. 2, comprised of--
(aa) 15.79 acres in the
NE\1/4\ of the NE\1/4\ (all
except lot 5); and
(bb) 0.02 acres in the
SE\1/4\ of the NE\1/4\ (all
except lot 6);
(III) 8.42 acres in T. 31 N., R. 25
E., sec. 13, lot 5;
(IV) 134.01 acres in T. 31 N., R.
26 E., sec. 17, comprised of--
(aa) 7.72 acres in lot 7;
(bb) 6.98 acres in lot 8;
(cc) 11.40 acres in lot 9;
(dd) 2.34 acres in lot 10;
(ee) 27.49 acres in lot 11;
(ff) 30.60 acres in lot 12;
(gg) 13.26 acres in lot 13;
and
(hh) 34.22 acres in lot 14;
(V) 150.07 acres in T. 31 N., R. 26
E., sec. 18, comprised of--
(aa) 26.64 acres in lot 9;
(bb) 21.16 acres in lot 10;
(cc) 12.12 acres in lot 11;
(dd) 21 acres in lot 13;
(ee) 28.76 acres in lot 14;
(ff) 12.92 acres in the
NW\1/4\ of the SW\1/4\;
(gg) 23.80 acres in the
SE\1/4\ of the SW\1/4\; and
(hh) 3.67 acres in the
SW\1/4\ of the SW\1/4\;
(VI) 60.30 acres in T. 31 N., R. 26
E., sec. 19, comprised of--
(aa) 27.66 acres in the
NE\1/4\ of the NE\1/4\ (all
except lots 1 and 2);
(bb) 4.67 acres in the
NW\1/4\ of the NE\1/4\ (all
except lot 3); and
(cc) 27.97 acres in the
SE\1/4\ of the NE\1/4\ (all
except lot 4);
(VII) 420.37 acres in T. 31 N., R.
26 E., sec. 20, comprised of--
(aa) 39.29 acres in lot 2;
(bb) 39.03 acres in lot 3;
(cc) 37.21 acres in lot 4;
(dd) 17.17 acres in the
NE\1/4\ of the NW\1/4\;
(ee) 40 acres in the NE\1/
4\ of the SE\1/4\;
(ff) 24.34 acres in the
NE\1/4\ of the SW\1/4\ (all
except lot 11);
(gg) 8.54 acres in the
NW\1/4\ of the NW\1/4\ (all
except lot 7);
(hh) 37.20 acres in the
NW\1/4\ of the SE\1/4\ (all
except lot 10);
(ii) 18.94 acres in the
SE\1/4\ of the NW\1/4\ (all
except lot 8);
(jj) 40 acres in the SE\1/
4\ of the SE\1/4\;
(kk) 38.65 acres in the
SW\1/4\ of the NE\1/4\ (all
except lot 9);
(ll) 40 acres in the SW\1/
4\ of the NW\1/4\; and
(mm) 40 acres in the SW\1/
4\ of the SE\1/4\;
(VIII) 325.25 acres in T. 31 N., R.
26 E., sec. 21, comprised of--
(aa) 19.29 acres in lot 4;
(bb) 11.12 acres in lot 7;
(cc) 20.08 acres in lot 8;
(dd) 19.11 acres in lot 10;
(ee) 29.72 acres in lot 11;
(ff) 39 acres in lot 12;
(gg) 26.93 acres in lot 13;
(hh) 40 acres in the NW\1/
4\ of the SW\1/4\;
(ii) 40 acres in the SE\1/
4\ of the SW\1/4\;
(jj) 40 acres in the SW\1/
4\ of the SW\1/4\; and
(kk) 40 acres in the SW\1/
4\ of the SE\1/4\;
(IX) 98.05 acres in T. 31 N., R. 26
E., sec. 22, comprised of--
(aa) 25.87 acres in lot 5;
(bb) 32.01 acres in lot 6;
(cc) 27.49 acres in lot 7;
and
(dd) 12.68 acres in lot 8;
(X) 156.21 acres in T. 31 N., R. 26
E., sec. 26, comprised of--
(aa) 35.32 acres in lot 3;
(bb) 24.34 acres in lot 6;
(cc) 40 acres in the NW\1/
4\ of the SW\1/4\;
(dd) 16.60 acres in the
SE\1/4\ of the SW\1/4\;
(ee) 24.20 acres in the
SW\1/4\ of the SE\1/4\;
(ff) 0.12 acres in the
SE\1/4\ of the SE\1/4\; and
(gg) 15.63 acres in the
SW\1/4\ of the SW\1/4\;
(XI) 440.99 acres in T. 31 N., R.
26 E., sec. 27, comprised of--
(aa) 32.05 acres in lot 4;
(bb) 39.32 acres in lot 5;
(cc) 19.89 acres in lot 6;
(dd) 39.97 acres in lot 7;
(ee) 21.75 acres in lot 8;
(ff) 40 acres in the NE\1/
4\ of the SE\1/4\;
(gg) 40 acres in the NE\1/
4\ of the SW\1/4\;
(hh) 40 acres in the NW\1/
4\ of the SE\1/4\;
(ii) 40 acres in the NW\1/
4\ of the SW\1/4\;
(jj) 40 acres in the SE\1/
4\ of the NW\1/4\;
(kk) 11.52 acres in the
SE\1/4\ of the SE\1/4\;
(ll) 3.38 acres in the
SE\1/4\ of the SW\1/4\;
(mm) 35.55 acres in the
SW\1/4\ of the NW\1/4\;
(nn) 7.48 acres in the
SW\1/4\ of the SE\1/4\; and
(oo) 30.08 acres in the
SW\1/4\ of the SW\1/4\;
(XII) 169.58 acres in T. 31 N., R.
26 E., sec. 28, comprised of--
(aa) 39.97 acres in lot 1;
(bb) 11.63 acres in the
NE\1/4\ of the NW\1/4\ (all
except lot 3);
(cc) 30.76 acres in the
NE\1/4\ of the SE\1/4\ (all
except lot 6);
(dd) 34.26 acres in the
NW\1/4\ of the NE\1/4\ (all
except lot 2);
(ee) 13.04 acres in the
NW\1/4\ of the SE\1/4\ (all
except lot 7);
(ff) 19.65 acres in the
SE\1/4\ of the NE\1/4\ (all
except lot 5);
(gg) 2.98 acres in the
SE\1/4\ of the SE\1/4\ (all
except lot 8); and
(hh) 17.29 acres in the
SW\1/4\ of the NE\1/4\;
(XIII) 59.34 acres in T. 31 N., R.
26 E., sec. 29, comprised of--
(aa) 32.97 acres in the
NE\1/4\ of the NE\1/4\ (all
except lot 1); and
(bb) 26.37 acres in the
NW\1/4\ of the NE\1/4\ (all
except lot 2);
(XIV) 134.54 acres in T. 31 N., R.
26 E., sec. 35, comprised of--
(aa) 24.59 acres in the
NE\1/4\ of the NE\1/4\ (all
except lot 1);
(bb) 35.52 acres in the
NE\1/4\ of the SE\1/4\ (all
except lot 4);
(cc) 5.57 acres in the
NW\1/4\ of the NE\1/4\ (all
except lot 2);
(dd) 40 acres in the SE\1/
4\ of the NE\1/4\;
(ee) 24.20 acres in the
SE\1/4\ of the SE\1/4\ (all
except lot 5); and
(ff) 4.66 acres in the
SW\1/4\ of the NE\1/4\ (all
except lot 3); and
(XV) 56.87 acres in T. 31 N., R. 26
E., sec. 36, comprised of--
(aa) 15.43 acres in lot 10;
(bb) 30.15 acres in lot 11;
and
(cc) 11.29 acres in the
SW\1/4\ of the NW\1/4\ (all
except lot 12).
(4) Existing rights and uses.--
(A) Uses.--
(i) In general.--Subject to clause (ii),
any use (including grazing) authorized under a
valid lease, permit, or right-of-way on land
transferred under this subsection, as in effect
on the date of the transfer, shall remain in
effect until the date on which the lease,
permit, or right-of-way expires.
(ii) Exception.--Clause (i) shall not apply
if the holder of the lease, permit, or right-
of-way requests an earlier termination of the
lease, permit, or right-of-way, in accordance
with existing law.
(B) Improvements.--Any improvements constituting
personal property (as defined by State law) on land
transferred under this subsection by the holder of the
lease, permit, or right-of-way--
(i) shall remain the property of the
holder; and
(ii) shall be removed not later than 90
days after the date on which the lease, permit,
or right-of-way expires, unless the Fort
Belknap Indian Community and the holder agree
otherwise.
(C) Payments.--The Secretary shall disburse to the
Fort Belknap Indian Community any amounts that accrue
to the United States under a lease, permit, or right-
of-way on land described in paragraph (3) 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.
(5) Survey.--With respect to the transfer of land under
this subsection--
(A) unless the United States or the Fort Belknap
Indian Community request an additional survey for the
transferred land, the description of land under this
section shall be controlling;
(B) if a survey is requested, the Secretary and the
Fort Belknap Indian Community shall jointly provide for
the survey of the land, including any mining claims;
and
(C) the descriptions under this section or any
survey under subparagraph (B) shall control the total
acreage to be transferred.
(6) Date of transfer.--
(A) Land.--
(i) In general.--Subject to clause (ii),
the transfer of land to the United States to be
held in trust for the Fort Belknap Indian
Community under this subsection shall take
effect on the issuance of a trust deed, which
shall be issued as expeditiously as practicable
after notice of the enforceability date is
published in the Federal Register.
(ii) Limit.--Notwithstanding clause (i),
all transfers shall be completed by not later
than 15 years after the date of enactment of
this Act.
(B) Waivers.--A waiver and release of claims under
subsections (a) and (b) of section 10 relating to land
described in subparagraph (A) shall take effect on the
date on which all of the land transfers for land
described in subparagraph (A) are complete.
(7) Total amount of federal land to be transferred.--The
total amount of Federal land to be transferred under this
subsection is approximately 30,844 acres.
(c) Foreclosed Land.--Any trust land within the Reservation that
has been or is foreclosed on by the United States shall be transferred
to the United States to be held in trust for the Fort Belknap Indian
Community by--
(1) not later than 15 years after the date of enactment of
this Act, if the foreclosure occurs before the date of
enactment of this Act; or
(2) not later than 15 years after the date of the
foreclosure, if the foreclosure occurs after the date of
enactment of this Act.
(d) Impacts on Local Governments.--The Secretary may, at the
discretion of the Secretary, try to ensure that land to be exchanged
under this section is selected in a manner that minimizes the financial
impact of the exchange on local governments.
(e) Water Rights.--
(1) Acquisition.--Beginning on the date of the applicable
transfer of land to the United States to be held in trust for
the Fort Belknap Indian Community under this section, if any
Federal, State, or fee land transferred under this section is
subject to a water right in existence on the date of the
transfer, the United States, as trustee for the benefit of the
Fort Belknap Indian Community, shall be the successor in
interest with respect to the water right, in accordance with
the terms and conditions that applied to the predecessor in
interest.
(2) No reserved water rights.--No land transferred under
this section shall be the basis for any claim by the Fort
Belknap Indian Community to any new, additional, or
supplemental Federal reserved water right.
(f) Transfer of Title.--Title to all land acquired by the United
States under this section shall be transferred, subject to applicable
laws, without charge, to the United States, to be held in trust for the
benefit of the Fort Belknap Indian Community as part of the exterior
boundary of the Reservation, pursuant to such method of conveyance as
the Secretary determines to be necessary.
(g) Jurisdiction of Grinnell Lands.--
(1) In general.--Notwithstanding any other provision of
Federal law, beginning on the date on which the conditions
described in paragraph (2) are met, the Fort Belknap Indian
Community Council shall have administrative, regulatory, and
judicial jurisdiction over the Grinnell Lands described in
subsection (b)(3)(C), including jurisdiction over public
recreational access, hunting, and fishing, and natural resource
management.
(2) Conditions.--The conditions referred to in paragraph
(1) are the conditions that the Fort Belknap Indian Community
Council shall adopt--
(A) hunting and fishing regulations that grant
nontribal members equivalent rights and privileges to
those that nontribal members enjoy under the hunting
and fishing laws (including regulations) of the State,
as in effect on the date of enactment of this Act,
including rights relating to permit fees and bag
limits; and
(B) public recreational access regulations that
grant nontribal members equivalent rights of access for
recreational purposes that nontribal members enjoy
under Federal law (including regulations), as in effect
on the date of enactment of this Act.
(3) Regulations.--
(A) In general.--Any regulations promulgated by the
Fort Belknap Indian Community pursuant to the
jurisdiction of the Fort Belknap Indian Community under
paragraph (1) shall be subject to--
(i) a 30-day notice and comment period
provided by the Secretary to the State; and
(ii) after that period, the approval of the
Secretary, subject to subparagraph (B).
(B) Secretarial approval.--Not later than 180 days
after the date on which the notice and comment period
under subparagraph (A)(i) ends, the Secretary shall
approve or disapprove the regulations.
(4) Notification after federal or state amendment.--
(A) In general.--If an applicable Federal or State
hunting and fishing or recreational access law or
regulation is amended after the date on which
jurisdiction over that law or regulation on the
Grinnell Lands described in subsection (b)(3)(C) is
transferred to the Fort Belknap Indian Community
Council under this subsection, the head of the
appropriate Federal or State agency, as applicable,
shall promptly notify the Fort Belknap Indian Community
Council of the amendment.
(B) Response.--
(i) In general.--Subject to clause (ii),
not later than 120 days after the date on which
notification is provided to the Fort Belknap
Indian Community Council under subparagraph
(A), the Fort Belknap Indian Community Council
shall--
(I) amend the regulations of the
Fort Belknap Indian Community Council
to comply with the amended law or
regulation; and
(II) notify the Secretary of the
amendment.
(ii) Secretarial approval.--An amendment by
the Fort Belknap Indian Community Council under
clause (i) shall be subject to the approval of
the Secretary, who shall approve the amendment
by not later than 90 days after the date on
which the Secretary receives notice of the
amendment under clause (i)(II).
(iii) Failure to respond.--If the Fort
Belknap Indian Community Council fails to
comply with clause (i), regulatory jurisdiction
shall revert to the United States under
paragraph (1) until the earlier of--
(I) such time as the regulations of
the Fort Belknap Indian Community
comply with the amended Federal or
State law or regulation; and
(II) the date described in
paragraph (5).
(5) Regulation by fort belknap indian community council.--
Notwithstanding any other provision of law, beginning on the
date that is 25 years after the date of enactment of this Act--
(A) the Fort Belknap Indian Community Council may
regulate the Grinnell Lands described in subsection
(b)(3)(C) under, and according to, Tribal law, subject
to such approval by the Secretary as may be required
for any other Tribal law; and
(B) the other provisions of this subsection shall
not apply.
(h) Environmental Analysis.--Notwithstanding section 4(c), in
preparing an environmental assessment or environmental impact statement
pursuant to section 102(2) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)) for the acquisition of State land parcels and
the conveyance of Federal land under this section, the Secretary shall
only be required to study, develop, and describe--
(1) the proposed agency action; and
(2) the alternative of no action.
SEC. 7. STORAGE ALLOCATION FROM LAKE ELWELL.
(a) Storage Allocation of Water to Fort Belknap Indian Community.--
(1) In general.--The Secretary shall permanently 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--
(A) by direct diversion from the Reservoir or at
the outlet works of the Tiber Dam; or
(B) through direct release to the Marias River from
the Tiber Dam.
(2) Source of allocation.--
(A) In general.--For each applicable year, the Fort
Belknap Indian Community shall take the allocation
under paragraph (1) from the active conservation pool
or the joint-use pool of the reservoir in such
quantities as are sufficient to satisfy the total
annual allocation.
(B) Priority.--The allocation under paragraph (1)
to the Fort Belknap Indian Community shall take
priority over any and all instream flow and
recreational uses of the applicable water.
(b) Treatment.--
(1) In general.--The allocation under subsection (a) to the
Fort Belknap Indian Community shall be considered to be a part
of the Tribal water rights.
(2) Priority date.--The priority date of the allocation
under subsection (a) to the Fort Belknap Indian Community shall
be the priority date of the Lake Elwell water right held by the
Bureau of Reclamation.
(3) Administration.--
(A) In general.--The Fort Belknap Indian Community
shall administer the water allocated under subsection
(a) in accordance with--
(i) the Compact;
(ii) this Act; and
(iii) Tribal law.
(B) Temporary transfer.--In accordance with
subsection (d), the Fort Belknap Indian Community may
temporarily transfer off the Reservation, by service
contract, lease, exchange, or other agreement, the
water allocated under subsection (a), subject to--
(i) the approval of the Secretary; and
(ii) the requirements of the Compact.
(C) Exception.--Notwithstanding subparagraph (A),
paragraphs (1) through (3) of article IV.A.5.b. of the
Compact shall not apply to any annual allocation under
this subsection, except to the extent that article
limits the use of the allocation to a location within
the Missouri River Basin.
(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, 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, 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, or agreement entered into
by the Fort Belknap Indian Community pursuant to
subsection (b)(3)(B);
(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);
(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 operation, 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
operation, maintenance, and replacement costs
for Tiber Dam; and
(I) the Fort Belknap Indian Community has the right
to divert the water that is diverted or released under
subsection (a)(1) directly from the Reservoir or from
any point in the Missouri River to the Reservation to
any point, as determined by the Fort Belknap Indian
Community.
(d) Agreement by Fort Belknap Indian Community.--The Fort Belknap
Indian Community may use, lease, contract, exchange, or enter into any
other agreement 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 subsection
(a).
(e) Effective Date.--The allocation under subsection (a) takes
effect on the enforceability date.
(f) No Carryover Storage.--The allocation under subsection (a)
shall not be increased by any unused Fort Belknap Indian Community
Tribal water rights from year-to-year carryover storage.
(g) Water Development and Delivery Costs.--
(1) Obligation to provide facility for transport to
reservation.--Except as otherwise provided in this Act, the
United States shall have no obligation under this Act to
provide any facility for the transport to the Reservation or
any other location of the water allocated under this section to
the Fort Belknap Indian Community relating to the release of
Tribal water rights from Lake Elwell Dam and Reservoir in
accordance with a request from the Fort Belknap Indian
Community.
(2) Development and delivery costs.--Except for the use of
Federal amounts made available under section 8, the United
States is not required to pay the cost of developing or
delivering to the Reservation any water allocated under
subsection (a).
SEC. 8. MILK RIVER PROJECT.
(a) Milk River Project Modifications.--
(1) Procedures.--
(A) In general.--The Commissioner, in consultation
with the Assistant Secretary for Indian Affairs, the
Fort Belknap Indian Community, the Joint Board, and
other affected stakeholders, shall modify the operating
procedures of the Milk River Project as the
Commissioner determines to be necessary to ensure that
the Fresno Reservoir is operated in accordance with
article III.A.2. and article IV.E. of the Compact.
(B) 1946 fresno reservoir agreement.--
(i) In general.--The Commissioner shall
carry out such actions as the Commissioner
determines to be necessary to provide a more
equitable accounting of the \1/7\ share of the
Fort Belknap Indian Community to the Fresno
Reservoir total quantity of stored water
available for use during each irrigation season
from the waters of the Milk River that are
impounded and stored in the Fresno Reservoir
under the agreement between the Commissioner
and the Assistant Secretary of Indian Affairs
relating to the Milk River Project, numbered I-
1-Ind. 18725, and dated July 8, 1946.
(ii) Additional considerations.--In
addition to the \1/7\ share described in clause
(i), the Commissioner shall take into
consideration and fully account for the right
of the Fort Belknap Indian Community to the
Milk River consistent with article III.A.1. of
the Compact.
(iii) Downstream release.--Any water stored
on behalf of the Fort Belknap Indian Community
in the Fresno Reservoir that is available at
the end of each irrigation season shall be
released downstream, in a manner to be
determined by the Fort Belknap Indian
Community, for storage in the proposed Fort
Belknap Reservoir.
(iv) Amendments.--The Commissioner and the
Assistant Secretary for Indian Affairs may
jointly amend the agreement referred to in
clause (i) as the Commissioner and the
Assistant Secretary determine to be necessary
to provide for an equitable accounting of the
share of the Fort Belknap Indian Community
described in clause (i).
(2) Facilities.--The Secretary may make such modifications
to the federally owned facilities of the Milk River Project as
the Secretary determines to be necessary to satisfy the
applicable mitigation requirements of the Compact.
(b) Milk River Coordinating Committee.--
(1) In general.--The Secretary, acting through the
Commissioner, the Director of the Bureau of Indian Affairs, the
Director of the United States Geological Survey, the Director
of the United States Fish and Wildlife Service, and the
Director of the Bureau of Land Management, may participate in
the Milk River Coordinating Committee pursuant to article IV.C.
of the Compact.
(2) Inapplicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Milk River Coordinating Committee.
(3) Technical support.--The Secretary may--
(A) maintain a publicly accessible database of
diversions from the Milk River made--
(i) pursuant to the Milk River Project;
(ii) under applicable contracts; and
(iii) by the Fort Belknap Indian Community;
and
(B) provide such other technical support as the
Milk River Coordinating Committee may request,
including the maintenance of gages necessary to account
for daily diversions from the Milk River.
(4) Coordination of storage and release.--Notwithstanding
article IV.C.11. of the Compact, the Secretary (acting through
the Commissioner), and in consultation with the Milk River
Coordinating Committee, shall develop an accounting for the
coordination of storage and release of water from Federal
storage facilities within the federally owned portion of the
Milk River Project.
(c) Milk River Project Mitigation.--
(1) In general.--The State, in consultation with the
Secretary, the Fort Belknap Indian Community, the Joint Board,
and other affected stakeholders, shall use funds made available
under subsection (d) and section 12(f) to provide grants for
projects for mitigation of the Milk River Project in accordance
with--
(A) article VI.B. of the Compact; and
(B) this Act.
(2) Application.--To be eligible to receive a grant under
this subsection, the owner or operator of a project described
in paragraph (1) shall submit to the State an application at
such time, in such manner, and containing such information as
the State may require.
(3) Delegation by state.--The State may delegate any
portion of the responsibility of the State under this
subsection to any entity organized in accordance with
applicable Federal and State laws.
(4) Compliance with nepa.--The Secretary shall ensure that
each project that receives Federal funds under this subsection
is carried out in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) State Contributions.--
(1) In general.--The Secretary shall treat as a State
contribution to mitigation of the Milk River Project--
(A) the difference between--
(i) the $9,500,000 authorized by the Act of
April 28, 2005 (chapter 499, section 2(2), 2005
Mont. Laws 1978); and
(ii) the $5,000,000 requested from the
State under section 11(i); and
(B) any other funds allocated or previously
expended by the State to carry out activities under
subsection (a).
(2) Additional contributions.--The Secretary shall request
that the State provide, in addition to the amounts described in
paragraph (1)--
(A) $3,500,000 for purposes of mitigation and
watershed improvement activities described in the
Compact; and
(B) an amount equal to $4,000,000 of in-kind
contributions for technical, modeling, and other
services for purposes of identifying, supporting, and
enhancing water use and management in the Milk River.
(3) Treatment of contributions.--A contribution by the
State under this subsection shall be counted towards
fulfillment of the obligation of the State under article VI.B.
of the Compact.
(4) Expenditure of funds.--Subject to applicable State law,
amounts provided by the State under this subsection may be
expended at any time after the date on which funds are
provided.
(5) Report.--Not less frequently than once each year, the
Secretary shall request that the State submit to the Fort
Belknap Indian Community an accounting of any funds expended by
the State under this subsection during the preceding calendar
year.
(e) Tribal Agreement Between the Fort Belknap Indian Community and
the Blackfeet Tribe Related to the Milk River.--Section 3705(e)(1) of
the Blackfeet Water Rights Settlement Act (Public Law 114-322; 130
Stat. 1818) is amended by striking ``shall establish,'' and inserting
``shall establish, by not later than 1 year after the date on which
that 3-year period ends,''.
SEC. 9. 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 10(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 10(a)(2);
and
(2) any claims of the allottees against the United States
similar to the claims described in section 10(a)(2) that the
allottee asserted or could have asserted.
SEC. 10. 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) relating to--
(A) 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;
(B)(i) 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, if
the claim first accrued on or before the enforceability
date;
(ii) interference with, diversion of, or taking of
water, if the claim first accrued on or before the
enforceability date; or
(iii) failure to protect, acquire, replace, or
develop water, water rights, or water infrastructure
within the State, if the claim first accrued on or
before the enforceability date;
(C) a failure to establish or provide a municipal
rural or industrial water delivery system on the
Reservation;
(D) 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 on the
Reservation;
(E) the litigation of claims relating to the water
rights of the Fort Belknap Indian Community in the
State;
(F) the negotiation, execution, or adoption of the
Compact (including exhibits); and
(G) 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).
(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 (including claims accruing after the
enforceability date) relating to--
(A) enforcement of water rights recognized under
the Compact, the settlement agreement, any final court
decree, or this Act; and
(B) the land transfers required under section 6;
(2) all claims relating to--
(A) activities affecting the quality of water,
including enforcement of any court decrees, any claims
the Fort Belknap Indian Community might have pending in
any court of competent jurisdiction as of the date of
enactment of this Act, and any claims under--
(i) the 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);
(B) damage, loss, or injury to land or natural
resources that are not due to loss of water or water
rights (including hunting, fishing, gathering, or
cultural rights); and
(C) 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;
(3) all claims arising under section 13(i) relating to the
enforcement of any Federal, State, or Tribal law (including
common law);
(4) all claims relating to off-Reservation hunting rights,
fishing rights, gathering rights, or other rights;
(5) all claims relating to the right to use and protect
water rights acquired after the date of enactment of this Act;
(6) 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); and
(7) 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 a
sovereign, to take any action authorized by law (including
regulations), including any law relating to health, safety, or
the environment, 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.); and
(C) CERCLA;
(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 pursuant to a Federal law relating to
health, safety, or the environment;
(C) to conduct judicial review of a Federal agency
action; or
(D) to interpret Tribal law; or
(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.
(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 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, as certified by the
Secretary and the Fort Belknap Indian Community;
(2)(A) the Montana Water Court has issued a final judgment
and decree approving the Compact and that decision has become
final and nonappealable; or
(B) if the Montana Water Court is found to lack
jurisdiction, the appropriate United States district court has
approved the Compact, and that decision has become final and
nonappealable;
(3) all of the amounts authorized under section 12 have
been appropriated and deposited in the designated accounts;
(4) the Secretary has executed the agreements with the Fort
Belknap Indian Community as required under the Compact and this
Act;
(5) the State has paid the requested amount under section
11(i); 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) Voiding of Waivers.--If the authority provided by this Act
terminates under section 14--
(1) the approval by the United States of the Compact under
section 4 shall no longer be effective;
(2) any waivers and releases executed by the Fort Belknap
Indian Community under this section shall be void;
(3) any unexpended and unobligated Federal funds
appropriated or made available to carry out the activities
authorized by this Act, together with any interest earned on
those funds, shall be returned to the Federal Government,
unless otherwise agreed to by the Fort Belknap Indian Community
and the United States; and
(4) all statutes of limitations applicable to any claim
subject to the waiver shall be tolled until June 30, 2035.
SEC. 11. FORT BELKNAP INDIAN COMMUNITY SETTLEMENT TRUST FUND.
(a) Definition of Plan.--
(1) In general.--In this section, the term ``Plan'' means
the document entitled ``Fort Belknap Indian Community
Comprehensive Water Development Plan'', prepared by Natural
Resources Consulting Engineers, Inc., and dated February 2019.
(2) Inclusion.--In this section, the term ``Plan'' includes
any modification to the document referred to in paragraph (1)
that the Fort Belknap Indian Community determines to be
necessary to account for conditions in existence at the time at
which an activity is carried out pursuant to this section.
(b) Establishment.--
(1) In general.--The Secretary shall establish in the
Treasury of the United States a trust fund, to be known as the
``Fort Belknap Indian Community Settlement Trust Fund'',
consisting of--
(A) the amounts deposited in the Trust Fund under
subsection (d); and
(B) any interest earned on those amounts.
(2) Management; availability.--Amounts in the Trust Fund
shall--
(A) be managed, invested, and distributed by the
Secretary; and
(B) remain available until expended.
(c) Accounts.--The Secretary shall establish in the Trust Fund the
following accounts:
(1) The Fort Belknap Indian Community Tribal Land and Water
Rehabilitation, Modernization, and Expansion Account, the
principal and interest of which may be used to pay or reimburse
costs incurred by the United States, the State, or the Fort
Belknap Indian Community for activities described in the Plan
relating to--
(A) exchanging, transferring, or acquiring land;
(B) rehabilitating or otherwise improving existing
and historically irrigated land or projects;
(C) agricultural development;
(D) cultural preservation;
(E) water resources development; and
(F) other land- and water-related projects.
(2) The Fort Belknap Indian Community Water Resources and
Water Rights Administration, Operation, and Maintenance
Account, of which only the earned interest may be used to pay
for activities described in the Plan relating to--
(A) the costs of administering the Tribal water
rights, including through--
(i) the development or enactment of a
Tribal Water Code; and
(ii) the establishment and operation of a
Tribal water resources department; and
(B) the annual operation and maintenance costs for
Tribal and allotted water resources projects.
(3) The Fort Belknap Indian Community Tribal Economic
Development Account, the principal and interest of which may be
used by the Fort Belknap Indian Community to pay the costs of
such activities described in the Plan as the Fort Belknap
Indian Community determines to be necessary to advance the
economic development of the Fort Belknap Indian Community.
(4) The Fort Belknap Indian Community Domestic Water Supply
and Wastewater Systems Account, the principal and interest of
which may be used by the Fort Belknap Indian Community to pay
the costs of activities described in the Plan relating to--
(A) preparation of a feasibility study and design
of a water supply and sewer treatment system for the
Fort Belknap Indian Community;
(B) the planning, design, and construction of a
domestic water supply system and related facilities for
Tribal communities;
(C) the planning, design, and construction of a
wastewater treatment and collections system for Tribal
communities; and
(D) environmental compliance in the development and
construction of projects under this Act.
(d) Deposits.--The Secretary shall deposit--
(1) in the Fort Belknap Indian Community Tribal Land and
Water Rehabilitation, Modernization, and Expansion Account
established under subsection (c)(1), the amounts made available
pursuant to section 12(b);
(2) in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account established under subsection (c)(2), the amounts made
available pursuant to section 12(c);
(3) in the Fort Belknap Indian Community Tribal Economic
Development Account established under subsection (c)(3), the
amounts made available pursuant to section 12(d); and
(4) in the Fort Belknap Indian Community Domestic Water
Supply and Wastewater Systems Account established under
subsection (c)(4), the amounts made available pursuant to
section 12(e).
(e) Management and Interest.--
(1) Management.--On deposit of the funds into the Accounts
pursuant to subsection (d), the Secretary shall manage, invest,
and distribute all amounts in the Trust Fund in accordance
with--
(A) the Act of April 1, 1880 (25 U.S.C. 161);
(B) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(C) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.);
(D) the obligations of Federal corporations and
Federal Government-sponsored entities, the charter
documents of which provide that the obligations of the
entities are lawful investments for federally managed
funds, including--
(i) mortgages, obligations, and other
securities of the Federal Home Loan Mortgage
Corporation described in section 303 of the
Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1452);
(ii) bonds, notes, and debentures of the
Commodity Credit Corporation described in
section 4 of the Act of March 8, 1938 (15
U.S.C. 713a-4);
(iii) bonds and other obligations of the
Tennessee Valley Authority described in section
15d of the Tennessee Valley Authority Act of
1933 (16 U.S.C. 831n-4); and
(iv) the obligations of the United States
Postal Service described in section 2005 of
title 39, United States Code; and
(E) this section.
(2) Investment earnings.--In addition to the deposits under
subsection (d), any investment earnings, including interest,
credited to amounts held in the Trust Fund are authorized to be
appropriated for use in accordance with subsection (c).
(f) Availability of Amounts.--
(1) Funding.--Except as provided in paragraph (3), the
amounts made available under this section (including any
investment earnings on those amounts) shall be available for
expenditure or withdrawal by the Fort Belknap Indian Community
without fiscal year limitation beginning on the enforceability
date.
(2) Other funding.--In addition to funding specifically
made available under this Act, if the Secretary determines
that, for a given fiscal year, a sufficient amount of funding
has not been made available through annual appropriations or
other sources, the Secretary shall expend from 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))
such amounts as are necessary to pay the Federal share of the
costs associated with the Trust Fund.
(3) Funding for tribal implementation activities.--
Notwithstanding paragraph (1), on approval of the Compact by
the members of the Fort Belknap Indian Community pursuant to
section 10(f)(1), as certified by the Secretary and the Fort
Belknap Indian Community, and subject to the availability of
appropriations, $4,800,000 of the amounts in the Fort Belknap
Indian Community Water Resources and Water Rights
Administration, Operation, and Maintenance Account established
under subsection (c)(2) shall be made available to the Fort
Belknap Indian Community for--
(A) the administration of the Tribal water right;
and
(B) the implementation of--
(i) the Compact; and
(ii) this Act.
(g) 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 amounts in the Trust
Fund on approval by the Secretary of a Tribal
management plan in accordance with the American Indian
Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.).
(B) Additional 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 shall
spend all amounts withdrawn from the Trust Fund in
accordance with--
(i) this Act; and
(ii) the Compact.
(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
under this paragraph; 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--
(I) this Act; and
(II) the Compact.
(2) 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 under subparagraph (B).
(B) Plan.--
(i) In general.--The Fort Belknap Indian
Community shall submit to the Secretary for
approval an expenditure plan for any portion of
the amounts in the Trust Fund that the Fort
Belknap Indian Community elects to withdraw
pursuant to this paragraph.
(ii) Description.--The expenditure plan
shall describe the manner in which, and the
purposes for which, amounts in the Trust Fund
will be used for the purposes described in--
(I) this Act; and
(II) the Compact.
(C) Approval.--The Secretary shall approve an
expenditure plan submitted under subparagraph (B) if
the Secretary determines that the plan is--
(i) reasonable; and
(ii) in accordance with--
(I) this Act; and
(II) the Compact.
(3) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for any expenditure or investment
of amounts withdrawn from the Trust Fund by the Fort Belknap
Indian Community pursuant to this subsection.
(4) Annual report.--For each account in the Trust Fund, the
Fort Belknap Indian Community shall submit to the Secretary an
annual report that describes all expenditures from the account
pursuant to an expenditure plan under paragraph (2)(B) during
the preceding fiscal year.
(h) 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.
(i) Peoples Creek Dam and Reservoir.--To contribute to the cost of
design and construction of the Peoples Creek Dam and Reservoir to
support mitigation activities, the Secretary shall request that the
State pay to the general fund of the Treasury $5,000,000, to be
deposited to the credit of the Fort Belknap Indian Community Tribal
Land and Water Rehabilitation, Modernization, and Expansion Account
established under subsection (c)(1).
(j) Nonreimbursability of Costs.--The costs to the Secretary of
carrying out this section shall be nonreimbursable.
SEC. 12. FUNDING.
(a) Reclamation Water Settlements Fund.--
(1) In general.--Notwithstanding any other provision of
law, on October 1, 2021, and each October 1 thereafter through
October 1, 2030, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary for deposit 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)) $30,000,000, to
remain available until expended, for the use described in
paragraph (2).
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
section 10501(c)(3)(B)(iii) of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407(c)(3)(B)(iii)) the funds
transferred under paragraph (1) specifically to pay towards the
Federal share of the remaining costs of implementing the Indian
water rights settlement agreement for the Fort Belknap Indian
Community under this Act, without further appropriation.
(b) Fort Belknap Indian Community Tribal Land and Water,
Rehabilitation, Modernization, and Expansion Account.--
(1) Mandatory appropriations.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall deposit in the Fort Belknap Indian Community
Tribal Land and Water, Rehabilitation, Modernization, and
Expansion Account established under paragraph (1) of section
11(c) $134,478,400, as adjusted to reflect changes in
construction cost indices since May 1, 2011, that are
applicable to the types of construction involved in the
activities described in that paragraph.
(2) Authorization of appropriations.--In addition to the
amounts made available under paragraph (1), there is authorized
to be appropriated for deposit in the Fort Belknap Indian
Community Tribal Land and Water, Rehabilitation, Modernization,
and Expansion Account established under paragraph (1) of
section 11(c) $105,661,600, as adjusted to reflect changes in
construction cost indices since May 1, 2011, that are
applicable to the types of construction involved in the
activities described in that paragraph.
(c) Fort Belknap Indian Community Water Resources and Water Rights
Administration, Operation, and Maintenance Account.--
(1) Mandatory appropriations.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall deposit in the Belknap Indian Community Water
Resources and Water Rights Administration, Operation, and
Maintenance Account established under paragraph (2) of section
11(c) $31,263,000, as adjusted to reflect changes in
construction cost indices since May 1, 2011, that are
applicable to the types of construction involved in the
activities described in that paragraph.
(2) Authorization of appropriations.--In addition to the
amounts made available under paragraph (1), there is authorized
to be appropriated for deposit in the Belknap Indian Community
Water Resources and Water Rights Administration, Operation, and
Maintenance Account established under paragraph (2) of section
11(c) $30,037,000, as adjusted to reflect changes in
construction cost indices since May 1, 2011, that are
applicable to the types of construction involved in the
activities described in that paragraph.
(d) Fort Belknap Indian Community Tribal Economic Development
Account.--
(1) Mandatory appropriations.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall deposit in the Fort Belknap Indian Community
Tribal Economic Development Account established under paragraph
(3) of section 11(c) $92,614,500, as adjusted to reflect
changes in construction cost indices since May 1, 2011, that
are applicable to the types of construction involved in the
activities described in that paragraph.
(2) Authorization of appropriations.--In addition to the
amounts made available under paragraph (1), there is authorized
to be appropriated for deposit in the Fort Belknap Indian
Community Tribal Economic Development Account established under
paragraph (3) of section 11(c) $75,775,500, as adjusted to
reflect changes in construction cost indices since May 1, 2011,
that are applicable to the types of construction involved in
the activities described in that paragraph.
(e) Fort Belknap Indian Community Domestic Water Supply and
Wastewater Systems Account.--
(1) Mandatory appropriations.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall deposit in the Fort Belknap Indian Community
Domestic Water Supply and Wastewater Systems Account
established under paragraph (4) of section 11(c) $69,036,800,
as adjusted to reflect changes in construction cost indices
since May 1, 2011, that are applicable to the types of
construction involved in the activities described in that
paragraph.
(2) Authorization of appropriations.--In addition to the
amounts made available under paragraph (1), there is authorized
to be appropriated for deposit in the Fort Belknap Indian
Community Domestic Water Supply and Wastewater Systems Account
established under paragraph (4) of section 11(c) $54,243,200,
as adjusted to reflect changes in construction cost indices
since May 1, 2011, that are applicable to the types of
construction involved in the activities described in that
paragraph.
(f) Milk River Project Mitigation.--
(1) In general.--As soon as practicable after the date on
which amounts are appropriated under paragraph (2), the
Secretary shall make a grant to the State in the amount of
$21,000,000, to be used by the State only to support the cost
of construction involved in the mitigation activities that will
be implemented for the Milk River Project, including by making
grants under section 8(c)(1).
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $21,000,000 for fiscal year 2021, as adjusted to
reflect changes in construction cost indices since May 1, 2011,
that are applicable to the types of construction involved in
the mitigation activities that will be implemented for the Milk
River Project.
(g) Federal Contribution to the Milk River Project Mitigation.--
(1) State trust account.--The Secretary shall establish a
trust account for the State, consisting of such amounts as are
made available by the Secretary to carry out the mitigation and
watershed improvement activities described in the Compact.
(2) Transfer.--Not later than 60 days after the date on
which an amount is appropriated under paragraph (4) for a
fiscal year, the Secretary shall transfer the amount, at no
charge to the State, to the State trust account established
under paragraph (1).
(3) Allocations.--
(A) Interest.--The State may expend the interest
accruing on amounts in the State trust account under
paragraph (1) as the State determines to be appropriate
to fulfill the purposes of the Compact.
(B) Principal.--The State shall not expend the
principal amount in the State trust account until--
(i) the Fort Belknap Indian Community has
developed, or is in the process of developing,
the Tribal water rights in accordance with the
Compact and this Act; and
(ii) the State, in consultation with the
Secretary, determines that a proposed
expenditure of the principal amount is
necessary to satisfy mitigation or watershed
improvement obligations under the Compact.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $5,000,000 for each of fiscal years 2021 through
2023.
(h) Nonreimbursability of Costs.--All amounts incurred by the
Secretary under this section shall be nonreimbursable.
SEC. 13. 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.--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, annual operation and
maintenance charges, and any other charge that may have been levied
relating to an irrigation project of the Secretary for the Fort Belknap
Indian Community.
(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 improve storage in, the Milk
River.
(i) Environmental Protection.--
(1) Definition of little rockies mountains.--In this
subsection, the term ``Little Rockies Mountains'' means the
mountains that--
(A) form the southern boundary of the Reservation;
and
(B) are sacred and culturally significant to the
Fort Belknap Indian Community.
(2) Protection.--Nothing in the Compact or this Act
limits--
(A) the authority of the United States, the State,
or the Fort Belknap Indian Community to enforce any
Federal, State, or Tribal law (including common law)
relating to the protection of the environment; or
(B) any claim of the Fort Belknap Indian Community,
a member of the Fort Belknap Indian Community, or an
allottee, or of the United States, acting on behalf of
the Fort Belknap Indian Community, a member of the Fort
Belknap Indian Community, or an allottee, for--
(i) damage to water quality caused by
mining activities in the Little Rockies
Mountains; or
(ii) depletion in surface flows or
groundwater on the southern end of the
Reservation.
(j) Water Transport Obligation.--
(1) In general.--The Secretary, acting through the Director
of the Bureau of Indian Affairs and the Commissioner, shall
provide assistance with--
(A) the planning, design, and construction of--
(i) the Fort Belknap water supply
infrastructure;
(ii) the Fort Belknap Indian Irrigation
Rehabilitation Project; and
(iii) the restoration of historic
irrigation projects within the boundaries of
the Reservation; and
(B) any environmental compliance activities
necessary in the development and construction of a
project under this Act.
(2) Authorization of studies.--
(A) In general.--The Secretary, acting through the
Director of the Bureau of Indian Affairs and the
Commissioner, in consultation with the Fort Belknap
Indian Community and the State, shall carry out 1 or
more studies--
(i) to determine the feasibility (and, if
feasible, the design) of a water supply and
wastewater treatment system for the Fort
Belknap Indian Community; and
(ii) if a project to be developed and
constructed under this Act is associated with,
affected by, or located within the same river
basin as a Federal reclamation project in
existence on the date of enactment of this
Act--
(I) to determine the environmental
impact of the project; and
(II) to ensure environmental
compliance in the development and
construction of the project.
(B) Cooperative agreement with the state and the
fort belknap indian community.--The Secretary may enter
into 1 or more cooperative agreements with the State
and the Fort Belknap Indian Community to carry out a
study described in subparagraph (A) if the Secretary
determines that a cooperative agreement would be cost-
effective and efficient.
(k) Title to Constructed Works.--The Federal Government shall
continue to hold title to any designated works constructed for the Fort
Belknap Indian Community pursuant to this Act until such time as all of
the following conditions have been met:
(1) Construction is completed.
(2) The designated constructed works are in operation and
functioning according to standards of the relevant Federal
agency responsible for the works.
(3) The Secretary has implemented a process for the
management and transfer of the designated constructed works
that includes--
(A) organizational development;
(B) completion of irrigation system infrastructure,
rehabilitation, and improvement; and
(C) agricultural development (such as extension
services), including--
(i) completion of a training program for
employees designated by the Fort Belknap Indian
Community; and
(ii) a determination by the Fort Belknap
Indian Community and the relevant Federal
agency that the employees that completed the
training program under clause (i) are competent
to assume partial or all operational and
maintenance responsibilities for the
constructed works to be transferred.
(4) The Fort Belknap Indian Community Council has agreed to
the transfer of the title for the designated constructed works
to the Fort Belknap Indian Community with the assumption of all
responsibilities for that designated constructed works.
(5) After the transfer of title to the Fort Belknap Indian
Community, the United States shall have no further
responsibilities for the operation and maintenance of the
designated constructed works.
(l) Conflict of Provisions.--If any provision of this Act conflicts
with a provision of the Compact, this Act shall prevail.
SEC. 14. TERMINATION ON FAILURE TO MEET ENFORCEABILITY DATE.
(a) In General.--If the Secretary has not published a statement of
findings under section 10(f) by the applicable date described in
subsection (b)--
(1) the authority provided by this Act shall terminate
effective on--
(A) January 1, 2030; or
(B) a later date agreed to by the Fort Belknap
Indian Community and the Secretary;
(2) any action taken by the Secretary and any contract or
agreement entered into pursuant to this Act that can be
reversed shall be void; and
(3) any waivers and releases executed under section 10(a)
shall be void.
(b) Date Described.--The date referred to in subsection (a) is, as
applicable--
(1) December 31, 2029; or
(2) an alternative later date agreed to by the Fort Belknap
Indian Community and the Secretary after reasonable notice to
the State.
SEC. 15. 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>
Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Community Water Rights Settlement Act of 2020
#5673 | HR Congress #116
Policy Area: Native Americans
Subjects: Alternative dispute resolution, mediation, arbitrationDams and canalsDepartment of the InteriorEconomic developmentEnvironmental assessment, monitoring, researchExecutive agency funding and structureFederal-Indian relationsGovernment information and archivesGovernment liabilityGovernment studies and investigationsGovernment trust fundsHistorical and cultural resourcesHunting and fishingIndian lands and resources rightsIndian social and development programsIntergovernmental relationsLakes and riversLand transfersLand use and conservation
Last Action: Referred to the Subcommittee for Indigenous Peoples of the United States. (1/27/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text