[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3019 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 3019
To protect access to water for all Montanans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2019
Mr. Daines (for himself and Mr. Tester) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To protect access to water for all Montanans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montana Water Rights Protection
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana, and in
recognition of article I, and section 3 of article IX, of the
Montana State Constitution for--
(A) the Confederated Salish and Kootenai Tribes of
the Flathead Indian Reservation; and
(B) the United States, for the benefit of the
Tribes and allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Tribes and the State, to the extent
that the Compact is consistent with this Act;
(3) to authorize and direct the Secretary of the Interior--
(A) to execute the Compact; and
(B) to take any other action necessary to carry out
the Compact in accordance with this Act; and
(4) to authorize funds necessary for the implementation
of--
(A) the Compact; and
(B) this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Allottee.--The term ``allottee'' means an individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(2) Bison.--The term ``bison'' means North American plains
bison.
(3) Compact.--The term ``Compact'' means--
(A) the water rights compact entered into and
ratified, as applicable, by the Confederated Salish and
Kootenai Tribes, the State, and the United States, as
contained in section 85-20-1901 of the Montana Code
Annotated (2017), including any appendix or exhibit to
that compact; and
(B) any amendment to the compact referred to in
subparagraph (A) (including an amendment to an appendix
or exhibit) that is executed to ensure that the Compact
is consistent with this Act.
(4) Damages report.--The term ``Damages Report'' means the
report entitled ``Damages of the Confederated Salish and
Kootenai Tribes Due to Actions By the United States'', volume I
(March 2011), volume II (March 2011), volume III (October
2011), and the final supplement and economic valuation
(February 2016), which is on file at the Department of Justice.
(5) Enforceability date.--The term ``enforceability date''
means the date described in section 10(b).
(6) Flathead indian irrigation project.--
(A) In general.--The term ``Flathead Indian
irrigation project'' means the Federal irrigation
project developed by the United States to irrigate land
within the Reservation pursuant to--
(i) the Act of April 23, 1904 (33 Stat.
302, chapter 1495); and
(ii) the Act of May 29, 1908 (35 Stat. 444,
chapter 216).
(B) Inclusions.--The term ``Flathead Indian
irrigation project'' includes--
(i) all land and any reservoir, easement,
right-of-way, canal, ditch, lateral, or any
other facility of the project referred to in
subparagraph (A) (regardless of location on or
off the Reservation); and
(ii) any headgate, pipeline, pump,
building, heavy equipment, vehicle, supplies,
record, copy of a record, or any other
physical, tangible object of real or personal
property used in the management and operation
of the project referred to in subparagraph (A).
(7) Hungry horse dam.--The term ``Hungry Horse Dam'' means
the dam that is a part of the Hungry Horse Project.
(8) Hungry horse project.--The term ``Hungry Horse
Project'' means the project authorized to be carried out by the
Secretary under the Act of June 5, 1944 (43 U.S.C. 593a et
seq.).
(9) Hungry horse reservoir.--The term ``Hungry Horse
Reservoir'' means the reservoir that is a part of the Hungry
Horse Project.
(10) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(11) Law of administration.--The term ``Law of
Administration'' means the Unitary Administration and
Management Ordinance, as set forth in Appendix 4 of the
Compact.
(12) Reservation.--
(A) In general.--The term ``Reservation'' means all
land within the exterior boundaries of the Indian
reservation established under the Treaty between the
United States and the Flathead, Kootenay, and Upper
Pend d'Oreilles Indians, concluded at Hell Gate July
16, 1855 (12 Stat. 975), notwithstanding the issuance
of any patent on the Reservation.
(B) Inclusions.--The term ``Reservation'' includes
any right-of-way through the Reservation.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) State.--
(A) In general.--The term ``State'' means the State
of Montana.
(B) Inclusions.--The term ``State'' includes all
officers, agencies, departments, and political
subdivisions of the State.
(15) Tribal water right.--The term ``Tribal Water Right''
means the water right of the Tribes, as established in--
(A) the Compact; and
(B) section 5.
(16) Tribes.--
(A) In general.--The term ``Tribes'' means the
Confederated Salish and Kootenai Tribes of the Flathead
Reservation of Montana.
(B) Inclusions.--The term ``Tribes'' includes all
officers, agencies, and departments of the Tribes.
(17) Trust fund.--The term ``Trust Fund'' means the Selis-
Qlispe Ksanka Settlement Trust Fund established under section
8(a).
SEC. 4. RATIFICATION OF COMPACT.
(a) Ratification.--
(1) In general.--As modified by this Act, the Compact is
authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Compact is
authorized, ratified, and confirmed, to the extent that the
amendment is executed to ensure that the Compact is 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, appendices to, and parts of
the Compact requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act precludes the
Secretary from approving a 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--
(A) section 2116 of the Revised Statutes (25 U.S.C.
177); or
(B) any other applicable Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this Act,
the Secretary and the Tribes shall comply with--
(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
(including regulations).
(2) Effect of execution.--
(A) In general.--The execution of the Compact by
the Secretary under this section shall not constitute a
major Federal action for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(B) Compliance.--The Secretary and the Tribes shall
carry out all Federal compliance activities necessary
to implement the Compact and this Act.
(d) Public Availability.--As provided in articles IV.I.b (relating
to hearings), IV.I.c (relating to the employment of a water engineer),
and IV.I.7.e (relating to Board records) of the Compact, and in
recognition of section 9 of article II of the Montana State
Constitution, all records of the Flathead Reservation Water Management
Board and the Water Engineer employed by the Board shall be open to
public inspection.
SEC. 5. TRIBAL WATER RIGHT.
(a) Intent of Congress.--It is the intent of Congress to provide to
each allottee benefits that are equivalent to, or that exceed, the
benefits possessed by the allottees 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 Right;
and
(4) the applicability of section 7 of the Act of February
8, 1887 (25 U.S.C. 381), and this Act to protect the interests
of allottees.
(b) Confirmation of Tribal Water Right.--
(1) In general.--The Tribal Water Right is ratified,
confirmed, and declared to be valid.
(2) Use.--Any use of the Tribal Water Right shall be
subject to the terms and conditions of--
(A) the Compact; and
(B) this Act.
(3) Conflict.--In the event of a conflict between the
Compact and this Act, the provisions of this Act shall control.
(c) Trust Status of Tribal Water Right.--The Tribal Water Right--
(1) shall be held in trust by the United States for the use
and benefit of the Tribes and the allottees in accordance with
this Act; and
(2) shall not be subject to forfeiture or abandonment.
(d) Allottees.--
(1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the Tribal Water Right.
(2) Entitlements to water.--
(A) In general.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the
Tribal Water Right.
(B) Water for irrigation.--Each allottee shall be
entitled to a just and equitable allocation of water
for irrigation purposes, to be enforceable under
paragraph (3)(B).
(3) Claims.--
(A) Exhaustion of remedies.--Before asserting any
claim against the United States under section 7 of the
Act of February 8, 1887 (25 U.S.C. 381), or any other
applicable law, an allottee shall exhaust remedies
available under--
(i) the Law of Administration; or
(ii) other applicable law.
(B) Water for irrigation.--After the exhaustion of
all remedies available under the Law of Administration
or other applicable law, an allottee may seek relief
under section 7 of the Act of February 8, 1887 (25
U.S.C. 381), or other applicable law, to seek a just
and equitable allocation of water for irrigation
purposes under paragraph (2)(B).
(4) Authority of secretary.--The Secretary shall have the
authority to protect the rights of allottees in accordance with
this section.
(e) Authority of Tribes.--
(1) In general.--The Tribes shall have the authority to
allocate, distribute, and lease the Tribal Water Right for any
use on the Reservation in accordance with--
(A) the Compact;
(B) the Law of Administration;
(C) this Act; and
(D) applicable Federal law.
(2) Off-reservation use.--The Tribes may allocate,
distribute, and lease the Tribal Water Right for off-
Reservation use in the State in accordance with the Compact,
subject to the approval of the Secretary.
(3) Land leases by allottees.--Notwithstanding paragraph
(1), an allottee may lease any interest in land held by the
allottee, together with any water right determined to be
appurtenant to the interest in land, in accordance with the Law
of Administration.
(f) Law of Administration.--
(1) In general.--During the period beginning on the date of
enactment of this Act and ending on the date on which the Law
of Administration becomes effective on the Reservation, the
Secretary shall administer, with respect to the rights of
allottees, the Tribal Water Right in accordance with this Act.
(2) Approval.--
(A) In general.--The Law of Administration is
approved.
(B) Registrations.--As provided in sections 3 and 4
of article IX of the Montana State Constitution and
section 1-1-108 of the Law of Administration, all
registrations shall be provided to the department of
natural resources and conservation of the State, to be
entered into the water rights database of the
department.
(C) Amendments.--An amendment to the Law of
Administration that affects a right of an allottee
shall not be valid unless the amendment is approved by
the Secretary in accordance with this subsection.
(3) Approval period.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall approve or disapprove an amendment to
the Law of Administration by not later than 180 days
after the date of ratification of the Law of
Administration by the Tribes and the State.
(B) Extension.--The deadline described in
subparagraph (A) may be extended by the Secretary after
consultation with the Tribes.
(4) Conflict.--In the event of a conflict between the Law
of Administration and this Act, the provisions of this Act
shall control.
(g) Administration.--
(1) Alienation.--The Tribes shall not permanently alienate
any portion of the Tribal Water Right.
(2) Purchases or grants of land from indians.--An
authorization provided by this Act for an allocation,
distribution, lease, or any other arrangement shall be
considered to satisfy any requirement for authorization of the
action by treaty or convention under section 2116 of the
Revised Statutes (25 U.S.C. 177).
(3) Prohibition on forfeiture.--The nonuse of all, or any
portion of, the Tribal Water Right by a lessee or contractor
shall not result in the forfeiture, abandonment,
relinquishment, or other loss of all, or any portion of, the
Tribal Water Right.
(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 Tribes, under Federal,
State, Tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR.
(a) Storage Allocation to Tribes.--The Secretary shall allocate to
the Tribes 90,000 acre-feet per year, as measured at the Hungry Horse
Dam, of storage water in Hungry Horse Reservoir for use by the Tribes
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.
(b) Treatment.--
(1) In general.--The allocation under subsection (a) shall
be considered to be part of the Tribal Water Right.
(2) Administration.--The Tribes shall administer the water
allocated under subsection (a) in accordance with, and subject
to the limitations of, the Compact and this Act.
(c) Allocation Agreement.--
(1) In general.--As a condition of receiving the allocation
under subsection (a), the Tribes 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 a limit as to a
term;
(B) the Tribes, and not the United States, shall be
entitled to all consideration due to the Tribes under
any lease, contract, or agreement entered into by the
Tribes pursuant to subsection (d);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Tribes as
consideration under any lease, contract, or
agreement entered into by the Tribes pursuant
to subsection (d); or
(ii) the expenditure of those funds;
(D) if the capacity or function of any facility of
Hungry Horse Reservoir or Hungry Horse Dam is
significantly reduced, or is anticipated to be
significantly reduced, for an extended period of time,
the Tribes shall have the same storage rights as other
storage contractors with respect to the allocation
under subsection (a);
(E) the costs associated with the construction and
operation of the storage facilities at Hungry Horse
Reservoir and Hungry Horse Dam allocable to the Tribes
shall be nonreimbursable;
(F) no water service capital charge shall be due or
payable for the agreement or any water allocated under
subsection (a), regardless of whether that water is
delivered for use by the Tribes or under a lease,
contract, or by an agreement entered into by the Tribes
pursuant to subsection (d);
(G) the Tribes shall not be required to make
payments to the United States for the agreement or any
water allocated under subsection (a), except for each
acre-foot of stored water leased or transferred for
industrial purposes;
(H) for each acre-foot of stored water leased by
the Tribes for industrial purposes--
(i) the Tribes shall pay annually to the
United States an amount sufficient to cover the
proportionate share of the annual operation,
maintenance, and replacement costs for the
Hungry Horse Project allocable to that quantity
of water; and
(ii) the annual payments of the Tribes
shall be reviewed and adjusted, as appropriate,
to reflect the actual operation, maintenance,
and replacement costs for the Hungry Horse
Project; and
(I) the costs described in subparagraphs (G) and
(H) shall not apply to any lease or transfer for
industrial purposes to--
(i) any entity of the Tribes; or
(ii) any entity wholly owned by the Tribes.
(d) Agreements by Tribes.--The Tribes may use, lease, contract,
exchange, or enter into other agreements for use of the water allocated
under subsection (a) if--
(1) the water that is the subject of the agreement is used
within the Flathead Basin or the Clark Fork Basin within the
State; and
(2) the agreement does not permanently alienate any portion
of water allocated under subsection (a).
(e) Mitigation Water.--The Tribes shall make available not more
than 11,000 acre-feet per year of the water allocated under subsection
(a) to the State, in accordance with the Compact.
(f) No Carry-Over Storage.--The allocation under subsection (a)
shall not be increased by any year-to-year carryover storage.
(g) Development and Delivery Costs.--The United States shall not be
required to pay the cost of developing or delivering any water
allocated under subsection (a).
(h) New Uses.--Except as provided in article III.C.1.c of the
Compact, the Tribes shall not develop any new use for the allocation
under subsection (a) until the date on which the agreement entered into
under subsection (c) takes effect.
(i) Effective Date.--The allocation under subsection (a) takes
effect on the enforceability date.
SEC. 7. IRRIGATION ACTIVITIES.
(a) Activities.--The Tribes may carry out the following activities
relating to the Flathead Indian irrigation project, in coordination
with the Bureau of Indian Affairs:
(1) Rehabilitation and modernization.--Rehabilitation of
structures, canals, and pumping facilities, including dam
safety improvements, irrigation facility upgrades that improve
water management and operational control at irrigation
diversion works, irrigation facility upgrades to reduce losses
in conveyance of water from irrigation sources of supply to
irrigation points of use, planning, design, and construction of
additional pumping facilities, operational improvements to
infrastructure within the distribution network of the Flathead
Indian irrigation project, and reconstruction, replacement, and
automation at irrigation diversion works, lining of open
canals, and placement of open canals in pipe.
(2) Mitigation, reclamation, and restoration.--Mitigation,
reclamation, and restoration of streams, wetlands, banks,
slopes, and wasteways within, appurtenant to, or affected by
the Flathead Indian irrigation project.
(3) Acquisition of interests.--Acquisition, in accordance
with subsection (e), of easements or other interests in real
property necessary to carry out any activity under this
section.
(b) Environmental Compliance.--Prior to the commencement of any
construction activity under subsection (a), the Tribes shall perform
appropriate Federal environmental compliance activities relating to the
activity.
(c) Treatment.--Any activities carried out pursuant to subsection
(a) that result in improvements, additions, or modifications to the
Flathead Indian irrigation project, including the acquisition of any
real property interest, shall--
(1) become a part of the Flathead Indian irrigation
project; and
(2) be recorded in the inventory of the Secretary relating
to the Flathead Indian irrigation project.
(d) Easements and Rights-of-Way.--
(1) Tribal easements and rights-of-way.--
(A) In general.--On request of the Secretary, the
Tribes shall grant, at no cost to the United States,
such easements and rights-of-way over Tribal land as
are necessary for construction relating to an activity
under this section.
(B) Jurisdiction.--An easement or right-of-way
granted by the Tribes pursuant to subparagraph (A)
shall not affect in any respect the civil or criminal
jurisdiction of the Tribes over the easement or right-
of-way.
(2) Landowner easements and rights-of-way.--In partial
consideration for the construction activities authorized by
this section, and as a condition of receiving service from the
Flathead Indian irrigation project or the Mission Valley Power
Project, a landowner shall grant, at no cost to the United
States or the Tribes, such easements and rights-of-way over the
land of the landowner as may be necessary for--
(A) a construction activity authorized by this
section; or
(B) the operation and maintenance of--
(i) the Flathead Indian irrigation project;
or
(ii) the Mission Valley Power Project.
(e) Land Acquired by United States or Tribes.--Any land acquired
within the boundaries of the Reservation by the United States on behalf
of the Tribes, or by the Tribes on behalf of the Tribes, in connection
with the purposes of this Act shall be held in trust by the United
States for the benefit of the Tribes.
(f) Cooperative Operation and Maintenance of Flathead Indian
Irrigation Project.--
(1) Agreement with secretary.--On receipt of a joint
request from the Tribes and one or more irrigation districts
within the Flathead Indian irrigation project, the Secretary
shall enter into an agreement with the Tribes and the
irrigation districts for the cooperative operation and
maintenance of the Flathead Indian irrigation project, or any
portion of the Flathead Indian irrigation project.
(2) Establishment of organization.--
(A) In general.--In lieu of entering into an
agreement under paragraph (1), the Tribes and one or
more irrigation districts within the Flathead Indian
irrigation project may jointly establish an
organization for the purpose of entering into an
agreement for the operation and maintenance of the
Flathead Indian irrigation project under the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.).
(B) Treatment.--An organization established
pursuant to subparagraph (A) shall be considered to be
a tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) for purposes of that Act.
(g) Effect.--Nothing in this section--
(1) alters any applicable law under which the Bureau of
Indian Affairs collects assessments or carries out the
operation and maintenance of the Flathead Indian irrigation
project; or
(2) impacts the availability of amounts under section 9.
(h) Water Source.--The source of the water for the Flathead Indian
irrigation project shall be determined in accordance with article
II(32) of the Compact as--
(1) consisting of the water right set forth in article
III.C.1.a of the Compact;
(2) including any use of water for irrigation and
incidental purposes pursuant to an applicable water service
contract; and
(3) considered to be the source for the entitlement to
delivery of available irrigation water for the assessed
parcels, in accordance with article IV.D.2 of the Compact.
SEC. 8. SELIS-QLISPE KSANKA SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust fund, to
be known as the ``Selis-Qlispe Ksanka Settlement Trust Fund'', to be
managed, invested, and distributed by the Secretary, and to remain
available until expended, consisting of the amounts deposited in the
Trust Fund under subsection (b), together with any interest earned on
those amounts, for the purpose of carrying out this Act.
(b) Deposits.--The Secretary shall deposit in the Trust Fund the
amounts made available pursuant to section 9.
(c) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into
the Trust Fund, the Secretary shall manage, invest, and
distribute the amounts in accordance with the investment
authority of the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the deposits under
subsection (b), any investment earnings, including interest,
credited to the amounts in the Trust Fund are authorized to be
appropriated for use in accordance with subsection (g).
(d) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund (including any investment earnings) shall be
made available to the Tribes by the Secretary beginning on the
enforceability date, subject to the requirements of this
section.
(2) Use.--Notwithstanding paragraph (1), any amounts
deposited in the Trust Fund shall be available to the Tribes,
on appropriation, for--
(A) the uses described in subsection (g)(1), in
accordance with Appendix 3.6 to the Compact; and
(B) the uses described in subsection (g)(2).
(e) Withdrawals.--
(1) In general.--The Tribes may withdraw any portion of the
amounts in the Trust Fund on approval by the Secretary of a
Tribal management plan submitted by the Tribes in accordance
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(2) Requirements.--
(A) In general.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under paragraph (1) shall require that
the Tribes shall spend all amounts withdrawn from the
Trust Fund and any investment earnings accrued through
the investments under the Tribal management plan in
accordance with this Act.
(B) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce the Tribal
management plan to ensure that amounts withdrawn by the
Tribes from the Trust Fund pursuant to this subsection
are used in accordance with this Act.
(f) Effect.--Nothing in this Act provides to the Tribes the right
to judicial review of a determination by the Secretary regarding
whether to approve a Tribal management plan, except under subchapter II
of chapter 5, and chapter 7 of title 5, United States Code (commonly
known as the ``Administrative Procedure Act'').
(g) Uses.--Amounts in the Trust Fund shall be used by the Tribes to
implement the Compact, the Law of Administration, and this Act for the
following purposes:
(1) With respect to the Flathead Indian irrigation project,
rehabilitation, modernization, and restoration of damages to
natural resources.
(2) The administration, implementation, and management of
the Tribal Water Right and the regulation and administration of
water rights within the Reservation under this Act, the
Compact, and the Law of Administration, and such infrastructure
as is necessary to meet programmatic needs.
(3) The acquisition of interests in real property for
purposes of paragraph (1).
(4) To implement the Tribal Water Right through
rehabilitation and improvement of agricultural Indian land
within the Reservation.
(5) To construct and rehabilitate livestock fencing on
Indian land within the Reservation.
(6) To mitigate and control noxious weeds on land within
the Reservation.
(7) To plan, design, and construct improvements to
irrigation systems on land served by the Flathead Indian
irrigation project.
(8) To install screens, barriers, passages, or ladders to
prevent fish entrainment in irrigation ditches and canals
within the Reservation.
(9) To plan, design, and construct irrigation facilities on
Indian land within the Reservation that is not served by the
Flathead Indian irrigation project.
(10) To plan, design, construct, operate, maintain, and
replace community water distribution and wastewater treatment
facilities on the Reservation.
(11) To develop geothermal water resources on Indian land
within the Reservation.
(12) To develop a cultural resources program relating to
permitting (including cultural, historical, and archeological
reviews, including training and certifications) and related
infrastructure necessary to meet programmatic needs.
(13) To comply with Federal environmental laws for any use
authorized by this section.
(14) To repair, rehabilitate, or replace culverts, bridges,
and roads of the Flathead Indian irrigation project and any
public or Tribal culverts, bridges, and roads that intersect
with, or are otherwise located within, the supply and
distribution network of the Flathead Indian irrigation project.
(h) Liability.--The Secretary shall not be liable for the
expenditure or investment of any amounts withdrawn from the Trust Fund
by the Tribes under this section.
(i) Expenditure Reports.--Not less frequently than annually, the
Tribes shall submit to the Secretary an expenditure report describing--
(1) the amount withdrawn from the Trust Fund under this
section; and
(2) any accomplishments resulting from the use of a
withdrawal under a Tribal management plan, in accordance with
this Act.
(j) OM&R Costs.--Except as otherwise provided in this Act, nothing
in this Act affects any obligation of the United States with respect to
the operations, maintenance, and repair of the Flathead Indian
irrigation project.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary for deposit in the Trust Fund $1,900,000,000, to remain
available until expended, withdrawn, or reverted to the general fund of
the Treasury.
(b) Fluctuation in Costs.--
(1) In general.--Of the amount authorized to be
appropriated under subsection (a)--
(A) $347,200,000 shall be increased or decreased,
as appropriate, by such amounts as may be justified by
reason of ordinary fluctuations in costs occurring
after the date of enactment of this Act, as indicated
by the Consumer Price Index for All Urban Consumers
West Urban 50,000 to 1,500,000 index;
(B) $111,400,000 shall be increased or decreased,
as appropriate, by such amounts as may be justified by
reasons of ordinary fluctuations in costs occurring
after the date of enactment of this Act, as indicated
by the Producer Price Index for the Bureau of Labor
Statistics; and
(C) $1,441,400,000 shall be increased or decreased,
as appropriate, by such amounts as may be justified by
reason of ordinary fluctuations in costs occurring
after the date of enactment of this Act, as indicated
by the Bureau of Reclamation Construction Costs Index-
Composite Trend.
(2) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated for deposit in the Trust Fund until the amount
authorized to be appropriated, as so adjusted, has been
appropriated.
(3) Period of indexing.--The period of indexing adjustment
under this subsection for any increment of funding shall end on
the date on which funds are deposited in the Trust Fund.
SEC. 10. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases.--
(1) Claims by tribes and united states as trustee for
tribes.--Subject to the reservation of rights and retention of
claims under subsection (c), as consideration for recognition
of the Tribal Water Right and other benefits described in the
Compact and this Act, the Tribes, acting on behalf of the
Tribes and members of the Tribes (but not any member of the
Tribes as an allottee), and the United States, acting as
trustee for the Tribes and the members of the Tribes (but not
any member of the Tribes as an allottee), shall execute a
waiver and release of all claims with prejudice for water
rights within the State that the Tribes, or the United States
acting as trustee for the Tribes, 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 a right is recognized in the Compact and
this Act.
(2) Claims by united states as trustee for allottees.--
Subject to the reservation of rights and the retention of
claims under subsection (c), as consideration for recognition
of the Tribal Water Right and other benefits described in the
Compact and this Act, the United States, acting as trustee for
allottees, shall execute a waiver and release of all claims
with prejudice 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 a right is recognized in the Compact and
this Act.
(3) Claims by tribes against united states.--Subject to the
reservation of rights and retention of claims under subsection
(c), the Tribes, acting on behalf of the Tribes and members of
the Tribes (but not any member of the Tribes as an allottee),
shall execute a waiver and release of all claims with prejudice
against the United States (including any agency or employee of
the United States)--
(A) relating to--
(i) water rights within the State that the
United States, acting as trustee for the
Tribes, asserted or could have asserted in any
proceeding, including a general stream
adjudication in the State, except to the extent
that such a right is recognized as part of the
Tribal Water Right under this Act;
(ii) damage, loss, or injury to water,
water rights, land, or natural resources due to
loss of water or water rights (including
damages, losses, or injuries to hunting,
fishing, gathering, or cultural rights due to
loss of water or water rights, claims relating
to interference with, diversion, or taking of
water, or claims relating to a failure to
protect, acquire, replace, or develop water,
water rights, or water infrastructure) within
the State that first accrued at any time on or
before the enforceability date;
(iii) a failure to establish or provide a
municipal, rural, or industrial water delivery
system on the Reservation;
(iv) a failure to provide--
(I) for operation, maintenance, or
deferred maintenance for the Flathead
Indian irrigation project or any other
irrigation system or irrigation
project; or
(II) a dam safety improvement to a
dam within the Reservation;
(v) the litigation of claims relating to
any water right of the Tribes in the State; and
(vi) the negotiation, execution, or
adoption of the Compact or this Act;
(B) reserved under subsections (b) through (d) of
section 6 of the settlement agreement for the case
entitled ``Nez Perce Tribe v. Salazar'', No.
06cv2239TFH (D.D.C. 2012);
(C) that first accrued at any time on or before the
enforceability date arising from the taking or
acquisition of land or resources of the Tribes for the
construction or operation of the Flathead Indian
irrigation project; and
(D) encompassed within the Damages Report.
(4) Certain off-reservation water rights.--
(A) In general.--Notwithstanding the confirmation
of the water rights of the Tribes described in
Appendices 28 and 29 to the Compact, as consideration
for recognition of the Tribal Water Right and other
benefits described in the Compact and this Act, the
Tribes shall relinquish any right, title, or claim to
the water rights located within the Flathead basin and
described in those appendices.
(B) Requirement.--The water rights described in
subparagraph (A) shall be held solely by the State.
(b) Enforceability Date.--The waivers and releases of claims under
subsection (a) shall take effect on the date on which the Secretary
publishes in the Federal Register a statement of findings that--
(1)(A) the Montana Water Court has approved the Compact in
a manner from which no further appeal may be taken; or
(B) if the Montana Water Court is found to lack
jurisdiction, the applicable United States district court has
approved the Compact as a consent decree from which no further
appeal may be taken;
(2) all amounts authorized to be appropriated under section
9 have been appropriated;
(3) the State has appropriated and paid into an interest-
bearing escrow account any payments due to the Tribes as of the
date of enactment of this Act under the Compact and this Act;
(4) the Tribes have ratified the Compact;
(5) the Secretary has fulfilled the requirements of section
6; and
(6) the waivers and releases described in subsection (a)
have been executed by the Tribes and the Secretary.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsection (a), the Tribes, acting on
behalf of the Tribes and members of the Tribes, and the United States,
acting as trustee for the Tribes and the allottees, shall retain--
(1) all claims relating to--
(A) the enforcement of, or claims accruing after
the enforceability date relating to water rights
recognized under--
(i) the Compact;
(ii) any final decree; or
(iii) this Act; and
(B) activities affecting the quality of water,
including any claims under--
(i) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), including
damages to natural resources;
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) (commonly referred
to as the ``Clean Water Act''); and
(iv) any regulations implementing the Acts
described in clauses (i) through (iii);
(2) all rights to use and protect water rights acquired
after the date of enactment of this Act;
(3) damages, losses, or injuries to land or natural
resources that are--
(A) not due to loss of water or water rights
(including hunting, fishing, gathering, or cultural
rights); and
(B) not encompassed within the Damages Report; and
(4) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
Act or the Compact.
(d) Effect of Compact and Act.--Nothing in the Compact or this
Act--
(1) except as otherwise expressly provided in the Compact
or this Act, reduces or extends the sovereignty (including
civil and criminal jurisdiction) of any government entity;
(2) affects the ability of the United States to carry out
any activity authorized by applicable law, including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act''); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(3) affects the ability of the United States to act as
trustee for any other Indian tribe or allottee of any other
Indian tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law regarding health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party under Federal law regarding health,
safety, or the environment; or
(C) to conduct judicial review of any Federal
agency action;
(5) waives any claim of a member of the Tribes in an
individual capacity that does not derive from a right of the
Tribes;
(6) revives any claim waived by the Tribes in the case
entitled ``Nez Perce Tribe v. Salazar'', No. 06cv2239TFH
(D.D.C. 2012); or
(7) revives any claim released by an allottee or member of
the Tribes in the settlement for the case entitled ``Cobell v.
Salazar'', No. 1:96CV01285-JR (D.D.C. 2012).
(e) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled during the period beginning on the
date of enactment of this Act and ending on the date on which
the amounts made available to carry out this Act are
transferred to the Secretary.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(f) Expiration.--
(1) In general.--This Act shall expire in any case in
which--
(A) the amounts authorized to be appropriated by
this Act have not been made available to the Secretary
by not later than--
(i) January 21, 2031; or
(ii) such alternative later date as is
agreed to by the Tribes and the Secretary; or
(B) the Secretary fails to publish a statement of
findings under subsection (b) by not later than--
(i) January 21, 2032; or
(ii) such alternative later date as is
agreed to by the Tribes and the Secretary,
after providing reasonable notice to the State.
(2) Consequences.--If this Act expires under paragraph
(1)--
(A) the waivers and releases under subsection (a)
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation,
and execution of the Compact under section 4 shall no
longer be effective;
(C) any action carried out by the Secretary, and
any contract or agreement entered into, pursuant to
this Act shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized
by this Act, together with any interest earned on those
funds, and any water rights or contracts to use water
and title to other property acquired or constructed
with Federal funds appropriated or made available to
carry out the activities authorized by this Act shall
be returned to the Federal Government, unless otherwise
agreed to by the Tribes and the United States and
approved by Congress; and
(E) except for Federal funds used to acquire or
construct property that is returned to the Federal
Government under subparagraph (D), the United States
shall be entitled to offset any Federal funds made
available to carry out this Act that were expended or
withdrawn, or any funds made available to carry out
this Act from other Federal authorized sources,
together with any interest accrued on those funds,
against any claims against the United States--
(i) relating to--
(I) water rights in the State
asserted by--
(aa) the Tribes; or
(bb) any user of the Tribal
Water Right; or
(II) any other matter encompassed
in the Damages Report; or
(ii) in any future settlement of water
rights of the Tribes or an allottee.
SEC. 11. SATISFACTION OF CLAIMS.
(a) Tribal Claims.--The benefits realized by the Tribes under this
Act shall be in complete replacement of, complete substitution for, and
full satisfaction of all claims of the Tribes against the United States
waived and released pursuant to section 10.
(b) Allottee Claims.--The benefits realized by the allottees under
this Act shall be in complete replacement of, complete substitution
for, and full satisfaction of--
(1) all claims waived and released pursuant to section
10(a)(2); and
(2) any claims of an allottee against the United States
similar in nature to a claim described in section 10(a)(2) that
the allottee asserted or could have asserted.
SEC. 12. MISCELLANEOUS PROVISIONS.
(a) Amendments.--
(1) Act of april 23, 1904.--Section 9 of the Act of April
23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter
216), is amended by striking the seventh undesignated
paragraph.
(2) Act of may 25, 1948.--Section 2 of the Act of May 25,
1948 (62 Stat. 269, chapter 340), is amended--
(A) in subsection (h), by striking paragraph (6)
and inserting the following:
``(6) To enhance fisheries habitat or to improve water
conservation management of the project.''; and
(B) by adding at the end the following:
``(k) Mission Valley Division.--
``(1) In general.--The Secretary of the Interior (referred
to in this section as the `Secretary'), or the Confederated
Salish and Kootenai Tribes of the Flathead Reservation of
Montana acting on behalf of the Secretary, as the entity with
the legal authority and responsibility to operate the Mission
Valley division of the project (referred to in this subsection
as the `project operator'), may allocate revenues derived from
the Mission Valley division in accordance with paragraph (2)
for the purposes described in subsection (h)(6).
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the revenues described in paragraph (1) shall be
allocated by providing--
``(i) $100,000 to the Tribes; and
``(ii) $100,000 to the project operator.
``(B) Negotiation.--Effective beginning on October
1 of the tenth calendar year beginning after the date
of enactment of the Montana Water Rights Protection
Act, the Confederated Salish and Kootenai Tribes of the
Flathead Reservation of Montana, the State of Montana,
and the Secretary may negotiate for an appropriate
allocation that differs from the allocation described
in subparagraph (A).
``(C) Carryover.--If the project operator does not
use the full allocation of the project operator under
this paragraph for a fiscal year, an amount equal to
the difference between the full allocation and the
amount used by the project operator shall be set aside
and accumulated for expenditure during subsequent
fiscal years for the purposes described in subsection
(h)(6).''.
(3) Indian self-determination and education assistance
act.--Section 403(b)(4) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5363(b)(4)) is amended--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C).
(b) Liens.--Any lien established by the Act of April 23, 1904 (33
Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), is extinguished
and released.
(c) Waiver of Sovereign Immunity.--Except as provided in
subsections (a) through (c) of section 208 of the Department of Justice
Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the
sovereign immunity of the United States.
(d) 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 any Indian tribe other than the
Tribes.
(e) Limitation on Claims for Reimbursement.--With respect to Indian
land located within the Reservation--
(1) the United States shall not submit any claim for
reimbursement of the cost to the United States of carrying out
this Act or the Compact; and
(2) no assessment shall be made regarding that cost.
(f) Limitation on Liability of United States.--
(1) In general.--The United States has no obligation--
(A) to monitor, administer, or account for, in any
manner, any funds provided to the Tribes by the State;
or
(B) to review or approve any expenditure of the
funds described in subparagraph (A).
(2) Indemnity.--The Tribes shall indemnify the United
States, and hold the United States harmless, with respect to
all claims (including claims for takings or breach of trust)
arising from the receipt or expenditure of amounts to carry out
this Act.
(g) Antideficiency.--The United States shall not be liable for any
failure to carry out any obligation or activity authorized by this Act
(including any obligation or activity under the Compact) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out this Act; or
(2) insufficient funds are available to carry out this Act
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)).
(h) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to any activity or function carried
out by the Secretary under this Act.
(i) Exchanges of Land.--
(1) State trust land.--
(A) In general.--The Secretary shall offer to
negotiate with the State for the purpose of exchanging
public land within the State for State trust land
located within the Reservation with a total value
substantially equal to the value of the surface estate
of the approximately 36,808 acres of State trust land
obtained by the State pursuant to--
(i) the Act of February 22, 1889 (commonly
known as the ``Montana Enabling Act'') (25
Stat. 676, chapter 180), and the Act of April
23, 1904 (33 Stat. 302, chapter 1495; 35 Stat.
449, chapter 216); or
(ii) the Act of February 25, 1920 (41 Stat.
452).
(B) Procedures.--An exchange described in
subparagraph (A) shall be conducted in accordance with
section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716).
(C) Valuation.--In determining the fair market
value of land for purposes of subparagraph (A), the
parties to the exchange shall give due consideration to
the value of any improvements on the land.
(D) Financial impact.--The Secretary shall ensure
that land exchanged pursuant to this paragraph is
selected in a manner that minimizes the financial
impact on local governments, if any.
(E) Assistance.--The Secretary shall provide such
financial or other assistance to the State and the
Tribes as may be necessary to obtain the appraisals,
and to satisfy administrative requirements, necessary
to accomplish the exchanges under subparagraph (A).
(F) Title.--On approving an exchange under this
paragraph, the Secretary shall--
(i) receive title in and to the State trust
land involved in the exchange, on behalf of the
United States; and
(ii) transfer title in and to the public
land disposed of in the exchanges with the
State by such means of conveyance as the
Secretary considers to be appropriate.
(G) Trust.--Title to the State trust land acquired
pursuant to an exchange under this paragraph shall be--
(i) vested in the United States in trust
for the sole use and benefit of the Tribes; and
(ii) recognized as part of the Reservation.
(2) Requirements.--
(A) In general.--In carrying out paragraph (1), the
Secretary shall, during the 5-year period beginning on
the date of enactment of this Act, give priority to an
exchange of public land within the State for State
trust land owned by the State.
(B) Total value.--The total value of the land
exchanged and acquired for the Tribes pursuant to this
subsection shall not exceed the value of the surface
estate of the 36,808 acres described in paragraph
(1)(A).
(C) Private exchanges.--
(i) In general.--Subject to subparagraph
(B), if, for any reason, after the expiration
of the period described in subparagraph (A),
the exchanges under paragraph (1) have not
provided to the Tribes a total of 36,808 acres
of surface land within the boundaries of the
Reservation, the Secretary shall, at the
request of, and in cooperation with, the
Tribes, develop and implement a program to
provide to the Tribes additional land within
the Reservation through land exchanges with
private landowners.
(ii) Requirement.--In carrying out this
subparagraph, the Secretary may exchange public
land within the State for private land of
substantially equal value within the boundaries
of the Reservation, in accordance with section
206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716).
(D) Valuation.--In determining the fair market
value of land under subparagraph (C), the parties to an
exchange made pursuant to that subparagraph shall give
due consideration to the value of improvements on the
land.
(E) Title.--If the Secretary obtains private land
pursuant to subparagraph (C), the Secretary shall
transfer title to the land to the Tribes.
(F) Trust.--Title to any private or public land
transferred to the Tribes pursuant to this paragraph
shall--
(i) be vested in the United States in trust
for the sole use and benefit of the Tribes; and
(ii) be recognized as part of the
Reservation, if the land is located within the
boundaries of the Reservation.
(G) Tribal assistance.--The Tribes shall assist in
obtaining prospective willing parties to exchange
private land within the Reservation for public land
within the State under this paragraph.
(j) Review of Decisions.--A court of competent jurisdiction shall
review the decisions of the Flathead Reservation Water Management Board
and the Montana Department of Fish, Wildlife, and Parks in accordance
with--
(1) the Compact;
(2) the Law of Administration; and
(3) this Act.
(k) Payments to Certain Counties.--
(1) Payments.--
(A) By secretary.--Subject to paragraph (2), to
reduce the financial impact on the counties in which
the land restored by section 13 is located, the
Secretary shall make payments to Lake County and
Sanders County in the State, out of amounts in the fund
established under section 401(a) of the Act of June 15,
1935 (16 U.S.C. 715s(a)).
(B) By tribes.--To ensure that culverts, bridges,
and roads that intersect with, or are otherwise located
within, the supply and distribution network of the
Flathead Indian irrigation project comply with Federal
environmental requirements, to ensure public safety,
and to enhance Tribal fisheries on the Reservation, the
Tribes shall allocate from the Trust Fund amounts
withdrawn for the purposes described in section
8(g)(14), under an agreement approved by the
Secretary--
(i) $5,000,000 to Lake County in the State;
and
(ii) $5,000,000 to Sanders County in the
State.
(2) Amount of payments.--The amount of the payments under
paragraph (1)(A) shall be equal to the amount each county would
have received if this section had not been enacted.
(3) Treatment of land for purposes of calculating
payments.--For the limited purposes of calculating payments to
Lake County and Sanders County under this subsection and
section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the
land restored by section 13 shall be treated as a fee area (as
defined in section 401(g) of the Act of June 15, 1935 (16
U.S.C. 715s(g))).
SEC. 13. NATIONAL BISON RANGE RESTORATION.
(a) Findings; Purposes.--
(1) Findings.--Congress finds that--
(A) the Reservation was set aside for the Tribes in
1855 under the treaty between the United States and the
Tribes concluded at Hell Gate on July 16, 1855 (12
Stat. 975);
(B) the National Bison Range was established as a
conservation measure in 1908, a time when the bison
were at grave risk of extinction;
(C) the National Bison Range is located in the
middle of the Reservation on land that was acquired by
the United States in what was later held, in the civil
action entitled ``Confederated Salish and Kootenai
Tribes of the Flathead Indian Reservation, Montana v.
United States'' (437 F.2d 458 (Ct.Cl. 1971)), to be a
taking under the Fifth Amendment to the Constitution of
the United States;
(D) the Tribes never consented to the removal of
the land described in subparagraph (C) from Tribal
ownership;
(E) since time immemorial until the establishment
of the National Bison Range, the Tribes had used the
land described in subparagraph (C) for--
(i) hunting, fishing, and gathering; and
(ii) cultural and many other purposes;
(F)(i) in the 1870s, when slaughter resulted in the
risk of bison extinction, a Pend d'Oreille man named
Little Falcon Robe received approval from leaders of
the Tribes to bring orphaned bison calves across the
Continental Divide to the Reservation for purposes of
starting a herd for subsistence and conservation
purposes;
(ii) starting with just a few bison calves, the
animals grew into a large herd under the stewardship of
members of the Tribes, who later included Michel Pablo
and Charles Allard; and
(iii) the Reservation was the home of that free-
ranging herd of bison for decades before the
establishment of the National Bison Range;
(G) when the Reservation was opened for
homesteading, a free-ranging bison herd was no longer
feasible, resulting in Michel Pablo selling the herd to
off-Reservation interests;
(H) many of the bison, or their descendants, from
the Tribal member-managed herd were repurchased and
brought back to the Reservation to form the original
herd for the National Bison Range;
(I) the bison herd at the National Bison Range
descends largely from a herd started and managed as
described in subparagraph (F);
(J) the Tribes--
(i) have played a substantive role as
conservation leaders, often in partnership with
the National Bison Range;
(ii) have demonstrated a long-term
commitment to responsible management of the
land and resources surrounding the National
Bison Range; and
(iii) desire to carry out the purposes for
which the National Bison Range was established;
(K) the Tribes have extensive experience in
wildlife and natural resources management, including--
(i) the establishment and management of the
91,000-acre Mission Mountains Tribal
Wilderness, the first tribally designated
wilderness area in the United States;
(ii) special management districts for large
animals, such as the Little Money Bighorn Sheep
Management Area and the Ferry Basin Elk
Management Area; and
(iii) the restoration and management of
bighorn sheep populations, peregrine falcons,
and trumpeter swans on the Reservation;
(L) the Tribes have an extensive history of
successful partnerships with Federal agencies with
respect to issues such as--
(i) threatened and endangered species
management;
(ii) migratory waterfowl management; and
(iii) wetland habitat management;
(M)(i) the Tribes have entered into prior
management-related agreements relating to the National
Bison Range under title IV of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5361 et seq.); and
(ii) the Tribes and the United States desire to
build on past and current partnerships, as well as
honor and advance the Federal and Tribal objectives of
increasing Tribal autonomy and Tribal governmental
capacity;
(N) since the establishment of the National Bison
Range, additional herds of bison have been established
on other national wildlife refuges and national parks;
(O) the facts and history regarding the Federal
Government, the Tribes, the bison, and land on the
Reservation acquired for the National Bison Range are
exceptional circumstances that warrant action by
Congress; and
(P) the United States should hold title in and to
the land comprising the National Bison Range, with
beneficial title of the land being restored to the
Tribes for--
(i) continued bison conservation;
(ii) other wildlife and natural resource
management purposes; and
(iii) other nonconflicting purposes of the
Tribes.
(2) Purposes.--The purposes of this section are--
(A) to acknowledge the history, culture, and
ecological stewardship of the Tribes with respect to
the land on the Reservation acquired for the National
Bison Range, bison, and other natural resources;
(B) to ensure that the land, bison, and other
resources referred to in subparagraph (A) continue to
be protected and enhanced;
(C) to continue public access and educational
opportunities; and
(D) to ensure a smooth transition for land, bison,
and other natural resources as the land is restored to
Federal trust ownership for the benefit of the Tribes.
(b) Definition of National Bison Range.--In this section, the term
``National Bison Range'' means all land within the Reservation that was
reserved for the national bison range under the matter under the
heading ``National bison range'' under the heading ``Miscellaneous''
under the heading ``Department of Agriculture'' in the Act of May 23,
1908 (16 U.S.C. 671) (as in effect on the day before the date of
enactment of this Act).
(c) Restoration of Land.--
(1) In general.--Notwithstanding any other provision of
law, for the purposes of conserving bison, wildlife, and
natural resources, and of safeguarding the interests of the
Tribes in those resources and the traditional, cultural, and
other interests of the Tribes, all land comprising the National
Bison Range (including all natural resources, interests, and
appurtenances of that land) shall be held in trust by the
United States for the benefit of the Tribes.
(2) Administration.--The land restored by paragraph (1)
shall be--
(A) a part of the Reservation;
(B) administered under the laws (including
regulations) applicable to Indian trust land; and
(C) managed by the Tribes, in accordance with
paragraph (3), solely for the care and maintenance of
bison, wildlife, and other natural resources, including
designation or naming of the restored land.
(3) Tribal management.--In managing the land restored by
paragraph (1), the Tribes shall--
(A) provide public access and educational
opportunities; and
(B) at all times, have a publicly available
management plan for the land, bison, and natural
resources, which shall include actions to address
management and control of invasive weeds.
(d) Conveyance of Buildings and Other Structures.--
(1) In general.--The United States shall convey to the
Tribes, to own in fee, all ownership interests of the United
States in all buildings, structures, improvements, and
appurtenances located on the land restored by subsection
(c)(1).
(2) Personal property.--The United States may convey to the
Tribes any personal property owned by the United States and
found on, or otherwise associated with, the land restored by
subsection (c)(1).
(e) Relinquishment of Rights to Bison.--The United States
relinquishes to the Tribes all interests of United States in the bison
on the land restored by subsection (c)(1).
(f) Transition.--
(1) In general.--Notwithstanding any other provision of
law, during the 2-year period beginning on the date of
enactment of this Act, the Secretary shall cooperate with the
Tribes in transition activities regarding the management of
land, bison, and other resources conveyed by this Act,
including by providing to the Tribes funds, personal property,
equipment, or other resources determined to be appropriate by
the Secretary for the performance of, or assistance with, the
types of activities carried out by the Secretary at the
National Bison Range as of the date of enactment of this Act.
(2) Effect.--Consistent with subsections (c), (d), and (e),
nothing in this section authorizes the Director of the United
States Fish and Wildlife Service to retain ownership or control
of any real or personal property conveyed by this section,
except as the Tribes may agree to in writing.
(g) Repeal.--The matter under the heading ``National bison range''
under the heading ``Miscellaneous'' under the heading ``Department of
Agriculture'' in the Act of May 23, 1908 (16 U.S.C. 671), is repealed.
(h) Liability.--
(1) Funding for liability insurance.--For the continued
protection of the public, and as long as public visitation is
required by Federal law for the land restored by this section,
the Secretary shall provide to the Tribes funding sufficient to
procure liability insurance covering tort actions filed by
members of the public.
(2) Liability of tribes.--The Tribes shall not be liable
for any land, soil, surface water, groundwater, or other
contamination, injury, or damage resulting from the storage,
disposal, release, or presence of any hazardous substance (as
defined in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601)) on any portion of the land restored by this section on
or before the date of the conveyance, unless the Tribes would
otherwise have been responsible for the storage, disposal,
release, or presence.
(i) Claims Against United States.--No claim may be brought pursuant
to chapter 7 of title 5, United States Code, or section 1491 or 1505 of
title 28, United States Code, against the United States, or any agency,
officer, or employee of the United States, concerning the preconveyance
or postconveyance management of the land and other property conveyed by
this section.
(j) Effect.--Nothing in this section relieves the United States of
any obligation under section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(3)).
(k) No Precedent.--The provisions of this section--
(1) are uniquely suited to address the distinct
circumstances, facts, history, and relationships involved with
the bison, land, and Tribes; and
(2) are not intended, and shall not be interpreted, to
establish a precedent for any other situation regarding Federal
land, property, or facilities.
(l) Indian Gaming Regulatory Act.--The land restored by this
section shall not be eligible or used for any gaming activity carried
out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
SEC. 14. EFFECT.
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 preenforcement review of any Federal environmental
enforcement action.
<all>
Montana Water Rights Protection Act
#3019 | S Congress #116
Policy Area: Native Americans
Last Action: Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably. (7/29/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text