[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2802 Reported in Senate (RS)]

                                                       Calendar No. 664
111th CONGRESS
  2d Session
                                S. 2802

        To settle land claims within the Fort Hall Reservation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2009

 Mr. Crapo (for himself and Mr. Risch) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                            December 1, 2010

                Reported by Mr. Dorgan, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
        To settle land claims within the Fort Hall Reservation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blackfoot River Land Settlement Act 
of 2009''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) it is the policy of the United States to promote tribal 
        self-determination and economic self-sufficiency and encourage 
        the resolution of disputes over historical claims through 
        mutually agreed-upon settlements between Indian tribes and the 
        United States;
            (2) the Shoshone-Bannock Tribes, a federally recognized 
        Indian tribe with tribal headquarters at Fort Hall, Idaho--
                    (A) adopted a tribal constitution and bylaws on 
                March 31, 1936, that were approved by the Secretary of 
                the Interior on April 30, 1936, pursuant to the Act of 
                June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known 
                as the ``Indian Reorganization Act'');
                    (B) has entered into various treaties with the 
                United States, including the Second Treaty of Fort 
                Bridger, executed on July 3, 1868; and
                    (C) has maintained a continuous government-to-
                government relationship with the United States since 
                the earliest years of the Union;
            (3)(A) in 1867, President Andrew Johnson designated by 
        Executive order the Fort Hall Reservation for various bands of 
        Shoshone and Bannock Indians;
            (B) the Reservation is located near the cities of Blackfoot 
        and Pocatello in southeastern Idaho; and
            (C) article 4 of the Second Treaty of Fort Bridger secured 
        the Reservation as a ``permanent home'' for the Shoshone-
        Bannock Tribes;
            (4)(A) according to the Executive order referred to in 
        paragraph (3)(A), the Blackfoot River, as the river existed in 
        its natural state--
                    (i) is the northern boundary of the Reservation; 
                and
                    (ii) flows in a westerly direction along that 
                northern boundary; and
            (B) within the Reservation, land use in the River watershed 
        is dominated by--
                    (i) rangeland;
                    (ii) dry and irrigated farming; and
                    (iii) residential development;
            (5)(A) in 1964, the Corps of Engineers completed a local 
        flood protection project on the River--
                    (i) authorized by section 204 of the Flood Control 
                Act of 1950 (64 Stat. 170); and
                    (ii) sponsored by the Blackfoot River Flood Control 
                District No. 7;
            (B) the project consisted of building levees, replacing 
        irrigation diversion structures, replacing bridges, and channel 
        realignment; and
            (C) the channel realignment portion of the project severed 
        various parcels of land located contiguous to the River along 
        the boundary of the Reservation, resulting in Indian land being 
        located north of the Realigned River and non-Indian land being 
        located south of the Realigned River;
            (6) beginning in 1999, the Cadastral Survey Office of the 
        Bureau of Land Management conducted surveys of--
                    (A) 25 parcels of Indian land; and
                    (B) 19 parcels of non-Indian land;
            (7) <DELETED>in 1988,</DELETED> many non-Indian landowners 
        and non-Indians acquiring Indian land have filed claims in the 
        Snake River Basin Adjudication seeking water rights that 
        included a place of use on Indian land; and
            (8) the enactment of this Act and the distribution of funds 
        in accordance with section 12(b) would represent an agreement 
        among--
                    (A) the Tribes;
                    (B) the allottees;
                    (C) the non-Indians acquiring Indian land; and
                    (D) the non-Indian landowners.
    (b) Purposes.--The purposes of this Act are--
            (1) to resolve the disputes resulting from realignment of 
        the River by the Corps of Engineers during calendar year 1964 
        pursuant to the project described in subsection (a)(5)(A); and
            (2) to achieve a fair, equitable, and final settlement of 
        all claims and potential claims arising from those disputes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Allottee.--The term ``allottee'' means an heir of an 
        original allottee of the Reservation who owns an interest in a 
        parcel of land that is--
                    (A) held in trust by the United States for the 
                benefit of the <DELETED>Tribes or </DELETED>allottee; 
                and
                    (B) located north of the Realigned River within the 
                exterior boundaries of the Reservation.
            (2) Indian land.--The term ``Indian land'' means any parcel 
        of land that is--
                    (A) held in trust by the United States for the 
                benefit of the Tribes or the allottees;
                    (B) located north of the Realigned River; and
                    (C) identified in <DELETED>exhibit C</DELETED> 
                exhibit A of the survey of the Bureau of Land 
                Management entitled ``Survey of the Blackfoot River of 
                2002 to 2005'', which is located at--
                            (i) the Fort Hall Indian Agency office of 
                        the Bureau of Indian Affairs; and
                            (ii) the Blackfoot River Flood Control 
                        District No. 7, 75 East Judicial, Blackfoot, 
                        Idaho.
            (3) Non-indian acquiring indian land.--The term ``non-
        Indian acquiring Indian land'' means any individual or entity 
        that--
                    (A) has acquired or plans to acquire Indian land; 
                and
                    (B) is included on the <DELETED>listed</DELETED> 
                list contained in exhibit C of the survey referred to 
                in paragraph (2)(C).
            (4) Non-indian land.--The term ``non-Indian land'' means 
        any parcel of fee land that is--
                    (A) located south of the Realigned River; and
                    (B) identified in exhibit B of the survey referred 
                to in paragraph (2)(C).
            (5) Non-indian landowner.--The term ``non-Indian 
        landowner'' means any individual who holds fee title to non-
        Indian land.
            (6) Realigned river.--The term ``Realigned River'' means 
        that portion of the River that was realigned by the Corps of 
        Engineers during calendar year 1964 pursuant to the project 
        described in section <DELETED>2(a)(5)</DELETED> 2(a)(5)(A).
            (7) Reservation.--The term ``Reservation'' means the Fort 
        Hall Reservation established by Executive order during calendar 
        year 1867 and confirmed by treaty during calendar year 1868.
            (8) River.--The term ``River'' means the Blackfoot River 
        located in the State of Idaho.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) Tribes.--The term ``Tribes'' means the Shoshone-
        Bannock Tribes.

SEC. 4. EXTINGUISHMENT OF CLAIMS AND TITLE.

    Except as provided in sections 5 and 6, effective beginning on the 
date on which the amounts appropriated pursuant to section 12 are 
distributed in accordance with that section, all claims and all past, 
present, and future right, title, and interest in and to the Indian 
land and non-Indian land shall be extinguished.

SEC. 5. LAND TO BE PLACED INTO TRUST FOR TRIBES.

    Effective beginning on the date on which the amounts appropriated 
pursuant to section 12 are distributed in accordance with that section 
to the Blackfoot River Flood Control District No. 7, the non-Indian 
land shall be considered to be held in trust by the United States for 
the benefit of the Tribes.

SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.

    Effective beginning on the date on which the amounts appropriated 
pursuant to section 12 are distributed in accordance with that section 
to the tribal trust fund account and the allottee trust account, the 
Indian land shall be transferred to the Blackfoot River Flood Control 
District No. 7 for conveyance to the non-Indians acquiring Indian land.

SEC. 7. TRIBAL TRUST FUND ACCOUNT AND ALLOTTEE TRUST ACCOUNT.

    (a) Tribal Trust Fund Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States an account, to be known as the ``tribal trust 
        fund account'', consisting of such amounts as are deposited in 
        the account under section 12(b)(1).
            (2) Investment.--The Secretary of the Treasury shall invest 
        amounts in the tribal trust fund account for the benefit of the 
        Tribes, in accordance with applicable laws and regulations.
            (3) Distribution.--The Secretary of the Treasury shall 
        distribute amounts in the tribal trust fund account to the 
        Tribes pursuant to a budget adopted by the Tribes that 
        describes--
                    (A) the amounts required by the Tribes; and
                    (B) the intended uses of the amounts, in accordance 
                with paragraph (4).
            (4) Use of funds.--The Tribes may use amounts in the tribal 
        trust fund account (including interest earned on those 
        amounts), without fiscal year limitation, for activities 
        relating to--
                    (A) construction of a natural resources facility;
                    (B) water resources needs;
                    (C) economic development;
                    (D) land acquisition; and
                    (E) such other purposes as the Tribes determine to 
                be appropriate.
    (b) Allottee Trust Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States an account, to be known as the ``allottee 
        trust account'', consisting of such amounts as are deposited in 
        the account under section 12(b)(2).
            (2) Deposit into iims.--Not later than 60 days after the 
        date on which amounts are deposited in the allottee trust 
        account under section 12(b)(2), the Secretary of the Treasury 
        shall deposit the amounts into individual Indian money accounts 
        for the allottees.
            (3) Investment.--The Secretary of the Treasury shall invest 
        amounts in the individual Indian money accounts under paragraph 
        (2) in accordance with applicable laws and regulations.

SEC. 8. ATTORNEYS FEES.

    (a) In General.--Subject to subsection (b), of the amounts 
appropriated pursuant to section 12(a), the Secretary shall pay to the 
attorneys of the Tribes and the non-Indian landowners such attorneys 
fees as are approved by the Tribes and the non-Indian landowners.
    (b) Limitation.--The total amount of attorneys fees paid by the 
Secretary under subsection (a) shall not exceed 2 percent of the 
amounts distributed to the Tribes, allottees, and the non-Indian 
landowners under section 12(b).

SEC. 9. EFFECT ON ORIGINAL RESERVATION BOUNDARY.

    Nothing in this Act affects the original boundary of the 
Reservation, as established by Executive order during calendar year 
1867 and confirmed by treaty during calendar year 1868.

SEC. 10. EFFECT ON TRIBAL WATER RIGHTS.

    Nothing in this Act extinguishes or conveys any water right of the 
Tribes, as established in the agreement entitled ``1990 Fort Hall 
Indian Water Rights Agreement'' and ratified by section 4 of the Fort 
Hall Indian Water Rights Act of 1990 (Public Law 101-602; 104 Stat. 
3060).

SEC. 11. DISCLAIMERS REGARDING CLAIMS.

    Nothing in this Act--
            (1) affects in any manner the sovereign claim of the State 
        of Idaho to title in and to the beds and banks of the River 
        under the equal footing doctrine of the Constitution of the 
        United States;
            (2) affects any action by the State of Idaho to establish 
        that title under section 2409a of title 28, United States Code 
        (commonly known as the ``Quiet Title Act'');
            (3) affects the ability of the Tribes or the United States 
        to claim ownership of the beds and banks of the River; or
            (4) extinguishes or conveys any water rights of non-Indian 
        landowners or the <DELETED>claims of the</DELETED> claims of 
        such landowners to water rights in the Snake River Basin 
        Adjudication.

SEC. 12. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $1,000,000.
    (b) Distribution.--After the date on which all attorneys fees are 
paid under section 8, the amount appropriated pursuant to subsection 
(a) shall be distributed among the Tribes, the allottees, and the 
Blackfoot River Flood Control District No. 7 as follows:
            (1) Twenty-eight percent shall be deposited into the tribal 
        trust fund account established by section 7(a)(1).
            (2) Twenty-five percent shall be deposited into the 
        allottee trust account established by section 7(b)(1).
            (3) Forty-seven percent shall be provided to the Blackfoot 
        River Flood Control District No. 7 for--
                    (A) distribution to the non-Indian landowners on a 
                pro rata, per-acre basis; and
                    (B) associated administrative expenses.
    (c) Per Capita Payments Prohibited.--No amount received by the 
Tribes under this Act shall be distributed to a member of the Tribes on 
a per capita basis.

SEC. 13. EFFECTIVE DATE.

    This Act takes effect on the date on which the amount described in 
section 12(a) is appropriated.
                                                       Calendar No. 664

111th CONGRESS

  2d Session

                                S. 2802

_______________________________________________________________________

                                 A BILL

        To settle land claims within the Fort Hall Reservation.

_______________________________________________________________________

                            December 1, 2010

                        Reported with amendments