[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1065 Reported in Senate (RS)]

                                                       Calendar No. 489
112th CONGRESS
  2d Session
                                S. 1065

                          [Report No. 112-199]

        To settle land claims within the Fort Hall Reservation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2011

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

                             August 2, 2012

                Reported by Mr. Akaka, with an amendment
 [Strike out all after the enacting clause 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Blackfoot River Land 
Settlement Act of 2011''.</DELETED>

<DELETED>SEC. 2. FINDINGS; PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the Shoshone-Bannock Tribes, a federally 
        recognized Indian tribe with tribal headquarters at Fort Hall, 
        Idaho--</DELETED>
                <DELETED>    (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'');</DELETED>
                <DELETED>    (B) has entered into various treaties with 
                the United States, including the Second Treaty of Fort 
                Bridger, executed on July 3, 1868; and</DELETED>
                <DELETED>    (C) has maintained a continuous 
                government-to-government relationship with the United 
                States since the earliest years of the Union;</DELETED>
        <DELETED>    (3)(A) in 1867, President Andrew Johnson 
        designated by Executive order the Fort Hall Reservation for 
        various bands of Shoshone and Bannock Indians;</DELETED>
        <DELETED>    (B) the Reservation is located near the cities of 
        Blackfoot and Pocatello in southeastern Idaho; and</DELETED>
        <DELETED>    (C) article 4 of the Second Treaty of Fort Bridger 
        secured the Reservation as a ``permanent home'' for the 
        Shoshone-Bannock Tribes;</DELETED>
        <DELETED>    (4)(A) according to the Executive order referred 
        to in paragraph (3)(A), the Blackfoot River, as the river 
        existed in its natural state--</DELETED>
                <DELETED>    (i) is the northern boundary of the 
                Reservation; and</DELETED>
                <DELETED>    (ii) flows in a westerly direction along 
                that northern boundary; and</DELETED>
        <DELETED>    (B) within the Reservation, land use in the River 
        watershed is dominated by--</DELETED>
                <DELETED>    (i) rangeland;</DELETED>
                <DELETED>    (ii) dry and irrigated farming; 
                and</DELETED>
                <DELETED>    (iii) residential development;</DELETED>
        <DELETED>    (5)(A) in 1964, the Corps of Engineers completed a 
        local flood protection project on the River--</DELETED>
                <DELETED>    (i) authorized by section 204 of the Flood 
                Control Act of 1950 (64 Stat. 170); and</DELETED>
                <DELETED>    (ii) sponsored by the Blackfoot River 
                Flood Control District No. 7;</DELETED>
        <DELETED>    (B) the project consisted of building levees, 
        replacing irrigation diversion structures, replacing bridges, 
        and channel realignment; and</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) beginning in 1999, the Cadastral Survey Office 
        of the Bureau of Land Management conducted surveys of--
        </DELETED>
                <DELETED>    (A) 25 parcels of Indian land; 
                and</DELETED>
                <DELETED>    (B) 19 parcels of non-Indian 
                land;</DELETED>
        <DELETED>    (7) 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</DELETED>
        <DELETED>    (8) the enactment of this Act and the distribution 
        of funds in accordance with section 12(b) would represent an 
        agreement among--</DELETED>
                <DELETED>    (A) the Tribes;</DELETED>
                <DELETED>    (B) the allottees;</DELETED>
                <DELETED>    (C) the non-Indians acquiring Indian land; 
                and</DELETED>
                <DELETED>    (D) the non-Indian landowners.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) to achieve a fair, equitable, and final 
        settlement of all claims and potential claims arising from 
        those disputes.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) held in trust by the United States for 
                the benefit of the allottee; and</DELETED>
                <DELETED>    (B) located north of the Realigned River 
                within the exterior boundaries of the 
                Reservation.</DELETED>
        <DELETED>    (2) Indian land.--The term ``Indian land'' means 
        any parcel of land that is--</DELETED>
                <DELETED>    (A) held in trust by the United States for 
                the benefit of the Tribes or the allottees;</DELETED>
                <DELETED>    (B) located north of the Realigned River; 
                and</DELETED>
                <DELETED>    (C) identified in 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--</DELETED>
                        <DELETED>    (i) the Fort Hall Indian Agency 
                        office of the Bureau of Indian Affairs; 
                        and</DELETED>
                        <DELETED>    (ii) the Blackfoot River Flood 
                        Control District No. 7, 75 East Judicial, 
                        Blackfoot, Idaho.</DELETED>
        <DELETED>    (3) Non-indian acquiring indian land.--The term 
        ``non-Indian acquiring Indian land'' means any individual or 
        entity that--</DELETED>
                <DELETED>    (A) has acquired or plans to acquire 
                Indian land; and</DELETED>
                <DELETED>    (B) is included on the list contained in 
                exhibit C, which is located at the areas described in 
                clauses (i) and (ii) of paragraph (2)(C).</DELETED>
        <DELETED>    (4) Non-indian land.--The term ``non-Indian land'' 
        means any parcel of fee land that is--</DELETED>
                <DELETED>    (A) located south of the Realigned River; 
                and</DELETED>
                <DELETED>    (B) identified in exhibit B, which is 
                located at the areas described in clauses (i) and (ii) 
                of paragraph (2)(C).</DELETED>
        <DELETED>    (5) Non-indian landowner.--The term ``non-Indian 
        landowner'' means any individual who holds fee title to non-
        Indian land.</DELETED>
        <DELETED>    (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 2(a)(5)(A).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) River.--The term ``River'' means the Blackfoot 
        River located in the State of Idaho.</DELETED>
        <DELETED>    (9) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (10) Tribes.--The term ``Tribes'' means the 
        Shoshone-Bannock Tribes.</DELETED>

<DELETED>SEC. 4. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON-INDIAN 
              OWNED LANDS.</DELETED>

<DELETED>    (a) Release of Claims.--On the deposit of all amounts into 
the tribal trust fund account and the allottee trust fund account under 
section 7 and the disbursement to non-Indian landowners under section 
12--</DELETED>
        <DELETED>    (1) all existing and future claims with respect to 
        the Indian land and the non-Indian land and all right, title, 
        and interest that the Tribes, allottees, non-Indians acquiring 
        Indian land, and non-Indian landowners may have had to that 
        land shall be extinguished;</DELETED>
        <DELETED>    (2) any interest of the Tribes, the allottees, or 
        the United States, acting as trustee for the Tribes or 
        allottees, in the Indian land shall be extinguished under 
        section 2116 of the Revised Statutes (commonly known as the 
        ``Indian Trade and Intercourse Act'') (25 U.S.C. 
        177);</DELETED>
        <DELETED>    (3) to the extent any interest in non-Indian land 
        transferred into trust pursuant to section 5 violates section 
        2116 of the Revised Statutes (commonly known as the ``Indian 
        Trade and Intercourse Act'') (25 U.S.C. 177), that transfer 
        shall be valid, subject to the condition that the transfer is 
        consistent with all other applicable Federal laws; 
        and</DELETED>
        <DELETED>    (4) the Tribes, allottees, and non-Indian 
        landowners waive and release all claims that the Tribes, 
        allottees, and non-Indian landowners may have asserted against 
        the United States arising out of any interest in the Indian 
        land or non-Indian owned land affected by the realignment of 
        the Blackfoot River by the Corp of Engineers.</DELETED>
<DELETED>    (b) Documentation.--The Secretary is authorized to execute 
and file any appropriate documents (including a plat or map of the 
tranferred Indian land) that are suitable for filing with the Bingham 
County clerk or other appropriate county official, as the Secretary 
determines necessary to carry out this Act.</DELETED>

<DELETED>SEC. 5. LAND TO BE PLACED INTO TRUST FOR TRIBES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 7. TRIBAL TRUST FUND ACCOUNT AND ALLOTTEE TRUST 
              ACCOUNT.</DELETED>

<DELETED>    (a) Tribal Trust Fund Account.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the amounts required by the Tribes; 
                and</DELETED>
                <DELETED>    (B) the intended uses of the amounts, in 
                accordance with paragraph (4).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) construction of a natural resources 
                facility;</DELETED>
                <DELETED>    (B) water resources needs;</DELETED>
                <DELETED>    (C) economic development;</DELETED>
                <DELETED>    (D) land acquisition; and</DELETED>
                <DELETED>    (E) such other purposes as the Tribes 
                determine to be appropriate.</DELETED>
<DELETED>    (b) Allottee Trust Account.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. ATTORNEYS FEES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Limitation.--The total amount of attorneys fees paid 
by the Secretary under subsection (a) shall not exceed $35,000 of the 
amounts distributed to the Tribes, allottees, and the non-Indian 
landowners under section 12(b).</DELETED>

<DELETED>SEC. 9. EFFECT ON ORIGINAL RESERVATION BOUNDARY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 10. EFFECT ON TRIBAL WATER RIGHTS.</DELETED>

<DELETED>    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).</DELETED>

<DELETED>SEC. 11. DISCLAIMERS REGARDING CLAIMS.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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'');</DELETED>
        <DELETED>    (3) affects the ability of the Tribes or the 
        United States to claim ownership of the beds and banks of the 
        River; or</DELETED>
        <DELETED>    (4) extinguishes or conveys any water rights of 
        non-Indian landowners or the claims of such landowners to water 
        rights in the Snake River Basin Adjudication.</DELETED>

<DELETED>SEC. 12. FUNDING.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this Act $700,000.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) $263,406 shall be deposited in the tribal 
        trust fund account established by section 7(a)(1).</DELETED>
        <DELETED>    (2) $230,489 shall be deposited in the allottee 
        trust account established by section 7(b)(1).</DELETED>
        <DELETED>    (3) $165,550 shall be provided to the Blackfoot 
        River Flood Control District No. 7 for--</DELETED>
                <DELETED>    (A) distribution to the non-Indian 
                landowners on a pro rata, per-acre basis; and</DELETED>
                <DELETED>    (B) associated administrative 
                expenses.</DELETED>
<DELETED>    (c) Remaining Amounts.--Any amounts remaining after the 
distributions under subsection (b) and section 8 shall be--</DELETED>
        <DELETED>    (1) split equally between the Blackfoot River 
        Flood Control District No. 7 and the Tribes; and</DELETED>
        <DELETED>    (2) used by the Blackfoot River Flood Control 
        District No. 7 and the Tribes for administrative 
        expenses.</DELETED>
<DELETED>    (d) 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.</DELETED>

<DELETED>SEC. 13. EFFECTIVE DATE.</DELETED>

<DELETED>    This Act takes effect on the date on which the amount 
described in section 12(a) is appropriated.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blackfoot River Land Settlement Act 
of 2012''.

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) 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 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 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 list contained in exhibit C, 
                which is located at the areas described in clauses (i) 
                and (ii) of 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, which is located at 
                the areas described in clauses (i) and (ii) of 
                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 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. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON-INDIAN OWNED LANDS.

    (a) Release of Claims.--On the deposit of all amounts into the 
tribal trust fund account and the allottee trust fund account under 
section 7 and the disbursement to non-Indian landowners under section 
12--
            (1) all existing and future claims with respect to the 
        Indian land and the non-Indian land and all right, title, and 
        interest that the Tribes, allottees, non-Indians acquiring 
        Indian land, and non-Indian landowners may have had to that 
        land shall be extinguished;
            (2) any interest of the Tribes, the allottees, or the 
        United States, acting as trustee for the Tribes or allottees, 
        in the Indian land shall be extinguished under section 2116 of 
        the Revised Statutes (commonly known as the ``Indian Trade and 
        Intercourse Act'') (25 U.S.C. 177);
            (3) to the extent any interest in non-Indian land 
        transferred into trust pursuant to section 5 violates section 
        2116 of the Revised Statutes (commonly known as the ``Indian 
        Trade and Intercourse Act'') (25 U.S.C. 177), that transfer 
        shall be valid, subject to the condition that the transfer is 
        consistent with all other applicable Federal laws; and
            (4) the Tribes, allottees, and non-Indian landowners waive 
        and release all claims that the Tribes, allottees, and non-
        Indian landowners may have asserted against the United States 
        arising out of any interest in the Indian land or non-Indian 
        owned land affected by the realignment of the Blackfoot River 
        by the Corp of Engineers.
    (b) Documentation.--On the deposit of all amounts into the tribal 
trust fund account and the allottee trust fund account under section 7 
and the disbursement to non-Indian landowners under section 12, the 
Secretary is authorized to execute and file any appropriate documents 
(including a plat or map of the transferred Indian land) that are 
suitable for filing with the Bingham County clerk or other appropriate 
county official, as the Secretary determines necessary to carry out 
this Act.

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 the limitation under 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 $35,000.

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 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 $700,000.
    (b) Distribution.--The amount appropriated pursuant to subsection 
(a) shall be distributed among the Tribes, the allottees, the Blackfoot 
River Flood Control District No. 7, and attorneys as follows:
            (1) $263,406 shall be deposited in the tribal trust fund 
        account established by section 7(a)(1).
            (2) $230,489 shall be deposited in the allottee trust 
        account established by section 7(b)(1).
            (3) $165,550 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.
            (4) Not more than $35,000 shall be made available to the 
        Secretary to distribute to the attorneys of the Tribes and the 
        non-Indian landowners for attorneys' fees in accordance with 
        section 8.
            (5) Any remaining amounts shall be allocated and used in 
        accordance with subsection (c).
    (c) Remaining Amounts.--Any remaining amounts after the 
distributions under paragraphs (1) through (4) of subsection (b) and 
section 8 shall be--
            (1) split equally between the Blackfoot River Flood Control 
        District No. 7 and the Tribes; and
            (2) used by the Blackfoot River Flood Control District No. 
        7 and the Tribes for administrative expenses.
    (d) 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.
                                                       Calendar No. 489

112th CONGRESS

  2d Session

                                S. 1065

                          [Report No. 112-199]

_______________________________________________________________________

                                 A BILL

        To settle land claims within the Fort Hall Reservation.

_______________________________________________________________________

                             August 2, 2012

                       Reported with an amendment