[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3209 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3209

 To provide for the settlement of the water rights claims of the Fort 
           Belknap Indian Community, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2012

  Mr. Tester introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for the settlement of the water rights claims of the Fort 
           Belknap Indian Community, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Gros Ventre and 
Assiniboine Tribes of the Fort Belknap Indian Community Water Rights 
Settlement Act of 2012''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Approval of compact and judicial decree.
Sec. 5. Tribal water rights.
Sec. 6. Exchange, acquisition, and transfer of public land into trust.
Sec. 7. Lake Elwell.
Sec. 8. Milk River Project modifications; Milk River Coordinating 
                            Committee; Mitigation of impacts and 
                            protection of Milk River water users.
Sec. 9. Satisfaction of claims.
Sec. 10. Waivers and releases of claims.
Sec. 11. Fort Belknap Indian Community Settlement Fund.
Sec. 12. Miscellaneous provisions.
Sec. 13. Antideficiency.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) to fulfill the trust responsibility of the United 
        States to Indian tribes and to promote tribal sovereignty and 
        economic self-sufficiency, it is the policy of the United 
        States to settle water rights claims of Indian tribes without 
        lengthy and costly litigation;
            (2) the Fort Belknap Reservation was established in the 
        State of Montana as a homeland for the Gros Ventre and 
        Assiniboine Tribes;
            (3) an adequate water supply for the Fort Belknap Indian 
        Community is important to a permanent, sustainable, and 
        sovereign homeland for the Gros Ventre and Assiniboine Tribes 
        and the members of those Indian tribes;
            (4) the sovereignty of the Fort Belknap Indian Community 
        and the economy of the Reservation depend on the development of 
        the water and other resources of the Reservation;
            (5) the planning, design, and construction of the 
        facilities needed to use reservation water supplies and other 
        resources effectively are necessary for--
                    (A) the development of a viable Reservation 
                economy; and
                    (B) the implementation of the water rights compact 
                between the Fort Belknap Indian Community and the State 
                of Montana;
            (6) recognizing that a final resolution of the 
        adjudications of the Fort Belknap Indian Community water rights 
        pending in Federal and State courts will require many years and 
        great expense to all parties of the adjudications, prolong 
        uncertainty regarding the availability of water supplies, and 
        seriously impair the long-term economic planning and 
        development of the parties, the Fort Belknap Indian Community 
        and the State entered into the Fort Belknap-Montana Water 
        Rights Compact on April 16, 2001;
            (7) the allocation of water resources from Lake Elwell to 
        the Fort Belknap Indian Community under this Act is uniquely 
        suited to the geographical, social, and economic 
        characteristics of the area and situation;
            (8) changes in the administration of the Milk River Project 
        are necessary to satisfy the water rights of the Fort Belknap 
        Indian Community;
            (9) the Fort Belknap Indian Community has held sacred 
        certain land within and adjacent to the present boundaries of 
        the Fort Belknap Reservation that is now held in State, public, 
        and fee ownership status;
            (10) the land described in paragraph (9) is within the 
        ancestral territory of the Fort Belknap Indian Community and 
        has historical, cultural, and spiritual significance for the 
        Fort Belknap Indian Community; and
            (11) the exchange, acquisition, and transfer to trust 
        status of the Federal, State, and fee land land described in 
        paragraph (9) for the benefit of the Fort Belknap Indian 
        Community will--
                    (A) enable the Fort Belknap Indian Community to 
                consolidate and restore the trust land ownership of the 
                Reservation; and
                    (B) restore the sacred, political, and legal bond 
                the Fort Belknap Indian Community has maintained to 
                that land since time immemorial.
    (b) Purposes.--The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        all claims to water rights in the State of Montana for--
                    (A) the Fort Belknap Indian Community, the members 
                of the Fort Belknap Indian Community, and allottees of 
                the Fort Belknap Indian Community living on the 
                Reservation; and
                    (B) the United States for the benefit of the Fort 
                Belknap Indian Community, the members of the Fort 
                Belknap Indian Community, and allottees of the Fort 
                Belknap Indian Community;
            (2) to authorize, approve, and confirm the Fort Belknap 
        Indian Community-Montana Water Rights Compact entered into by 
        the Fort Belknap Indian Community and the State of Montana on 
        April 16, 2001;
            (3) to authorize and direct the Secretary--
                    (A) to execute the Fort Belknap Indian Community-
                Montana Water Rights Compact;
                    (B) to make available funding from the Reclamation 
                Water Settlement Fund established by section 10501 of 
                the Omnibus Public Land Management Act of 2009 (43 
                U.S.C. 407); and
                    (C) to take any other action the Secretary 
                determines to be necessary to implement the Compact in 
                accordance with this Act;
            (4) to authorize certain economic development initiatives 
        and projects on the Reservation--
                    (A) to implement the Compact;
                    (B) to maximize the benefits of the water rights 
                memorialized in the Compact; and
                    (C) to ensure that the cultural, economic, and 
                social needs of the Fort Belknap Indian Community are 
                addressed in a manner that promotes self-sufficiency 
                and sovereignty;
            (5) to authorize certain modifications to--
                    (A) the purposes and operation of the projects of 
                the Bureau of Reclamation for Tiber Dam and Lake Elwell 
                on the Marias River in the State in order to provide 
                the Fort Belknap Indian Community with an allocation of 
                water from Lake Elwell; and
                    (B) the operations and facilities of the Milk River 
                Project in order to implement the Compact;
            (6) to ensure the availability of amounts necessary for the 
        implementation of the Compact and this Act; and
            (7) to authorize the exchange, acquisition, and transfer of 
        certain Federal, State, and fee land.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Allottee.--The term ``allottee'' means an individual 
        Indian (or the successor of an individual Indian) who owns or 
        holds a trust allotment or interest in a trust allotment on the 
        Reservation under the Act of March 3, 1921 (41 Stat. 1355, 
        chapter 135), subject to the terms and conditions of that Act.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (3) Compact.--The term ``Compact'' means the water rights 
        agreement between the Fort Belknap Indian Community and the 
        State contained in section 85-20-1001 of the Montana Code 
        Annotated (2011), including any exhibit, part, or amendment to 
        the Compact.
            (4) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 10(d).
            (5) Final.--The term ``final'', with respect to the 
        approval of the decree described in section 4(c), means the 
        completion of--
                    (A) a direct appeal to the Montana Supreme Court of 
                a decree by the Montana Water Court, including the 
                expiration of time for filing of a direct appeal; or
                    (B) an appeal to the appropriate court of the 
                United States, including the expiration of time in 
                which a petition for certiorari may be filed in the 
                Supreme Court, denial of such a petition, or issuance 
                of a final judgment of the Supreme Court, whichever 
                occurs last.
            (6) Fort belknap indian community council.--The term ``Fort 
        Belknap Indian Community Council'' means the governing body of 
        the Fort Belknap Indian Community.
            (7) Fort belknap indian community.--The term ``Fort Belknap 
        Indian Community'' means the Gros Ventre and Assiniboine Tribes 
        and members and allottees of those Tribes, including the 
        respective successors, heirs, and assigns of the members and 
        allottees, of the Fort Belknap Reservation of Montana.
            (8) Fresno reservoir.--The term ``Fresno Reservoir'' means 
        the dam and reservoir of the Milk River Project, located on the 
        Milk River 14 miles west of Havre, Montana, and authorized by 
        the Act of June 16, 1933 (48 Stat. 195, chapter 90) (commonly 
        known as the ``National Industrial Recovery Act'').
            (9) Fund.--The term ``Fund'' means the Fort Belknap Indian 
        Community Settlement Fund established by section 11(a).
            (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. 450b).
            (11) Joint board.--The term ``Joint Board'' means the joint 
        board of control for the Milk River Project established in 
        accordance with State law.
            (12) Malta irrigation district.--The term ``Malta 
        Irrigation District'' means the public corporation--
                    (A) created on December 28, 1923, pursuant to the 
                laws of the State relating to irrigation districts; and
                    (B) headquartered in Malta, Montana.
            (13) Milk river coordinating committee.--The term ``Milk 
        River Coordinating Committee'' means the committee established 
        by article IV.C of the Compact.
            (14) Milk river project.--
                    (A) In general.--The term ``Milk River Project'' 
                means the Bureau of Reclamation project conditionally 
                approved by the Secretary on March 14, 1903, pursuant 
                to the Act of June 17, 1902 (32 Stat. 388, chapter 
                1093), commencing at Lake Sherburne Reservoir and 
                providing water through a point approximately 6 miles 
                east of Nashua, Montana.
                    (B) Inclusions.--The term ``Milk River Project'' 
                includes--
                            (i) the St. Mary storage unit;
                            (ii) the Fresno Dam; and
                            (iii) the Dodson pumping unit.
            (15) Missouri river basin.--The term ``Missouri River 
        Basin'' means the hydrologic basin of the Missouri River 
        (including tributaries), except as limited by the 1909 Boundary 
        Waters Treaty between Canada and United States.
            (16) Pick-sloan missouri river basin program.--The term 
        ``Pick-Sloan Missouri River Basin Program'' means the Pick-
        Sloan Missouri River Basin Program (authorized by section 9 of 
        the Act of December 22, 1944 (commonly known as the ``Flood 
        Control Act of 1944'') (58 Stat. 891, chapter 665)).
            (17) Reservation.--
                    (A) In general.--The term ``Reservation'' means the 
                area of the Fort Belknap Reservation in the State, as 
                defined in the Compact.
                    (B) Inclusions.--The term ``Reservation'' includes 
                all land and interest in land that is held in trust by 
                the United States for the benefit of the Gros Ventre 
                and Assiniboine Tribes, including the land within the 
                boundary established by the Treaty ratified by the Act 
                of May 1, 1888 (25 Stat. 113, chapter 212), as modified 
                by the Grinnell Agreement of October 9, 1895 (ratified 
                by the Act of June 10, 1896 (29 Stat. 350, chapter 398) 
                and the Act of March 3, 1931 (41 Stat. 1355, chapter 
                135).
            (18) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (19) State.--The term ``State'' means the State of Montana.
            (20) Tribal water code.--Notwithstanding the requirements 
        of Article IV, section A.2. of the Compact, the term ``Tribal 
        Water Code'' means a water code adopted by the Fort Belknap 
        Indian Community in accordance with section 5(c).
            (21) Tribal water rights.--The term ``tribal water rights'' 
        means--
                    (A) the water rights of the Fort Belknap Indian 
                Community established in Article III of the Compact;
                    (B) the allocation of water to the Fort Belknap 
                Indian Community from Lake Elwell under section 7; and
                    (C) the water rights of allottees.

SEC. 4. APPROVAL OF COMPACT AND JUDICIAL DECREE.

    (a) Approval of Compact.--
            (1) In general.--Except as otherwise provided in this Act 
        and to the extent the Compact does not conflict with this Act, 
        the Compact is authorized, approved, and confirmed.
            (2) Amendments to compact.--If amendments are executed to 
        make the Compact consistent with this Act, those amendments are 
        authorized, approved, and confirmed to the extent those 
        amendments are consistent with this Act.
    (b) Execution of Compact.--On the approval of the Compact by a 
majority of those eligible members of the Fort Belknap Indian Community 
casting votes on the day of the vote on the Compact, the Secretary 
shall--
            (1) promptly execute and implement the Compact, including 
        all exhibits to or parts of the Compact requiring the signature 
        of the Secretary; and
            (2) take such other actions as are necessary to implement 
        the Compact, including approving modifications to appendices 
        and exhibits to the Compact not inconsistent with this Act, to 
        the extent those modifications do not otherwise require 
        Congressional approval pursuant to section 2116 of the Revised 
        Statutes (25 U.S.C. 177) or other applicable Federal law.
    (c) Approval of Judicial Decree.--
            (1) In general.--Not later than 180 days after the date on 
        which the Compact is approved under subsection (b) or the date 
        of enactment of this Act, whichever is later, the United 
        States, the Fort Belknap Indian Community, and the State shall 
        submit to the Montana Water Court, individually or jointly, a 
        petition to approve the decree agreed to by the United States, 
        the Fort Belknap Indian Community, and the State, identified as 
        Appendix 1 to the Compact (including any amendment to the 
        decree).
            (2) Federal united states court.--If the circumstances 
        described in article VII.C.2 of the Compact occur, the United 
        States, the Fort Belknap Indian Community, or the State may 
        submit to the United States district court with appropriate 
        jurisdiction a petition to enter as a consent decree in the 
        United States district court the decree described in paragraph 
        (1).
            (3) Effect of failure of approval.--
                    (A) In general.--If a circumstance described in 
                subparagraph (B) occurs--
                            (i) the approval of the Compact under 
                        subsection (a) shall be void; and
                            (ii) the authority under this Act shall 
                        terminate.
                    (B) Circumstance.--A circumstance referred to in 
                subparagraph (A) is that--
                            (i) the Montana Water Court and the United 
                        States district court of jurisdiction, as 
                        applicable, fail to approve the decree 
                        described in paragraph (1) during the 5-year 
                        period beginning on the date on which the 
                        decree is filed in the court;
                            (ii) the decree is approved but 
                        subsequently set aside by the Montana Water 
                        Court or the United States district court; or
                            (iii) the decree is set aside on direct 
                        appeal.
    (d) Filing for Appointment of Water Commissioner.--On submission of 
a petition described in paragraph (1) or (2) of subsection (b), the 
United States, the Fort Belknap Indian Community, and the State shall 
jointly petition the appropriate court for appointment of a water 
commissioner in accordance with article VII.B.3 of the Compact, who 
shall be appointed not later than 180 days after the date on which the 
final decree is issued.

SEC. 5. TRIBAL WATER RIGHTS.

    (a) Treatment.--
            (1) Holding in trust.--The tribal water rights--
                    (A) shall be held in trust by the United States for 
                the use and benefit of the Fort Belknap Indian 
                Community and allottees in accordance with this 
                section; and
                    (B) shall not be subject to forfeiture or 
                abandonment.
            (2) Allottees.--Each allottee shall be provided tribal 
        water rights that are equivalent to or exceed the tribal water 
        rights that allottees have on the day before the date of 
        enactment of this Act, taking into consideration--
                    (A) the potential risks, cost, and time delay 
                associated with litigation that would be resolved by 
                the Compact and this Act;
                    (B) the availability of funding under this Act and 
                from other sources;
                    (C) the availability of water from the tribal water 
                rights; and
                    (D) 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) Right to Use.--Each right to Federal reserved water of a member 
of the Fort Belknap Indian Community, an allottee, or an owner of fee 
land located within the Reservation--
            (1) shall be considered to be satisfied by the tribal water 
        rights; and
            (2) shall be governed by the terms and conditions of the 
        Compact, this Act, and the Tribal Water Code.
    (c) Tribal Water Code.--
            (1) Enactment.--Not later than 3 years after the date on 
        which the decree is approved by the appropriate court under 
        section 4(b), the Fort Belknap Indian Community shall enact a 
        Tribal Water Code, subject to applicable laws, that--
                    (A) regulates the tribal water rights to provide 
                for irrigation, domestic, commercial, municipal, 
                industrial, cultural, recreational, and other uses; and
                    (B) includes a due process system--
                            (i) for the consideration and determination 
                        of any request by an allottee, or any successor 
                        in interest to an allottee, for an allocation 
                        of water under the tribal water rights for any 
                        lawful purpose on allotted land, including a 
                        process for--
                                    (I) appeal and adjudication of 
                                denied or disputed distributions of 
                                water; and
                                    (II) resolution of contested 
                                administrative decisions relating to 
                                the tribal water rights;
                            (ii) to protect the interest of allottees 
                        when entering into any lease under subsection 
                        (e);
                            (iii) by which an owner of fee land within 
                        the Reservation may apply for any lawful use of 
                        water under the tribal water rights; and
                            (iv) for the establishment and management 
                        of a controlled groundwater area in cooperation 
                        with establishment of a contiguous controlled 
                        groundwater area off the Reservation 
                        established pursuant to section B.2. of Article 
                        IV of the Compact and State law.
            (2) Action by secretary.--
                    (A) In general.--The Secretary shall administer the 
                tribal water rights until the Tribal Water Code is 
                enacted in accordance with paragraph (1) and approved 
                under subparagraph (B).
                    (B) Approval.--The Tribal Water Code shall not be 
                valid unless--
                            (i) the Tribal Water Code is approved by 
                        the Secretary; and
                            (ii) each amendment to the Tribal Water 
                        Code that affects the rights of an allottee is 
                        approved by the Secretary.
    (d) Exhaustion of Remedies.--A member of the Fort Belknap Indian 
Community, an allottee, or an owner of fee land within the Reservation 
shall not bring a claim relating to water under the tribal water rights 
against the United States under section 7 of the Act of February 8, 
1887 (25 U.S.C. 381), or any other applicable law, or otherwise request 
relief from the Secretary, until the member, allottee, or fee land 
owner exhausts each applicable remedy under the Tribal Water Code or 
other applicable tribal law.
    (e) Temporary Transfer of Tribal Water Rights.--
            (1) In general.--On approval of the Secretary and the State 
        as required under article IV.A.5 of the Compact, the Fort 
        Belknap Indian Community may temporarily transfer by service 
        contract, lease, exchange, or other agreement, certain portions 
        of the tribal water rights, in accordance with article IV.A.5 
        of the Compact, for use off the Reservation within the Missouri 
        River Basin, except as limited by the 1909 Boundary Waters 
        Treaty between Canada and United States.
            (2) Requirements.--An agreement under paragraph (1)--
                    (A) shall be for a term of not more than 100 years;
                    (B) may include provisions for renewal of the 
                agreement for an additional term of not more than 100 
                years; and
                    (C) shall not permanently alienate any portion of 
                the tribal water rights.
    (f) Pick-Sloan Missouri River Basin Program Power Rates.--The 
Secretary, in cooperation with the Secretary of Energy, shall make 
available, at project use power pumping preferred rates established as 
of the date of enactment of this Act, Pick-Sloan Missouri River Basin 
Program pumping power to not more than 27,000 net acres under 
irrigation pursuant to projects of the Fort Belknap Indian Community.
    (g) Milk River Water Rights.--
            (1) Identification of alternatives.--The Secretary shall 
        identify and implement alternatives to resolve any conflict 
        between the Milk River water rights of the Blackfeet Tribe and 
        the Fort Belknap Indian Community in a manner that ensures that 
        the full allocation of the water rights of each Indian tribe 
        under the water rights compacts of the Indian tribes are fully 
        satisfied.
            (2) Agreement of tribes.--The Secretary shall obtain the 
        agreement of the Blackfeet Tribe and the Fort Belknap Indian 
        Community to any alternative identified under subsection (a).
            (3) Funding.--Amounts used by the Secretary to implement 
        any alternative identified under subsection (a) shall be in 
        addition to the amounts authorized for the water rights 
        settlements of the Blackfeet Tribe and the Fort Belknap Indian 
        Community.

SEC. 6. EXCHANGE, ACQUISITION, AND TRANSFER OF PUBLIC LAND INTO TRUST.

    (a) Exchange of State Land.--
            (1) In general.--In partial satisfaction of claims relating 
        to Indian water rights covered by this Act, the Fort Belknap 
        Indian Community shall request and agree to the exchange and 
        transfer of land in accordance with this subsection.
            (2) State land.--The Secretary shall offer to enter into 
        negotiations with the State for the purpose of exchanging 
        Federal land described in paragraph (3) for the following 
        parcels of land owned by the State, located on and off the 
        Reservation:
                    (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
                    (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
                    (C) 640 acres in T. 27 N., R. 21 E., sec. 36.
                    (D) 640 acres in T. 26 N., R. 23 E., sec. 16.
                    (E) 640 acres in T. 26 N., R. 23 E., sec. 36.
                    (F) 640 acres in T. 26 N., R. 26 E., sec. 16.
                    (G) 640 acres in T. 26 N., R. 22 E., sec. 36.
                    (H) 640 acres in T. 26 N, R. 24 E., sec. 16.
                    (I) 640 acres in T. 27 N., R. 23 E., sec. 16.
                    (J) 640 acres in T. 27 N., R. 25 E., sec. 36.
                    (K) 640 acres in T. 28 N., R. 22 E., sec. 36.
                    (L) 640 acres in T. 28 N., R. 23 E., sec. 16.
                    (M) 640 acres in T. 28 N., R. 24 E., sec. 36.
                    (N) 640 acres in T. 28 N., R. 25 E., sec. 16.
                    (O) 640 acres in T. 28 N., R. 25 E., sec. 36.
                    (P) 640 acres in T. 28 N., R. 26 E., sec. 16.
                    (Q) 94.96 acres in T. 28 N., R. 26 E., sec. 36, 
                under lease by the Fort Belknap Community Council on 
                the date of enactment of this Act.
                    (R) 652.32 acres in T. 29 N., R. 22 E., sec. 16, 
                excluding the 73.36 acres under lease by Ben Hofeldt, 
                et al., on the date of enactment of this Act.
                    (S) 640 acres in T. 29 N., R. 22 E., sec. 36.
                    (T) 640 acres in T. 29 N., R. 23 E., sec. 16.
                    (U) 640 acres in T. 29 N., R. 24 E., sec. 16.
                    (V) 640 acres in T. 29 N., R. 24 E., sec. 36.
                    (W) 640 acres in T. 29 N., R. 25 E., sec. 16.
                    (X) 640 acres in T. 29 N., R. 25 E., sec. 36.
                    (Y) 640 acres in T. 29 N., R. 26 E., sec. 16.
                    (Z) 663.22 acres in T. 30 N., R. 22 E., sec. 16, 
                excluding the 58.72 acres under lease by Walter and 
                Amelia Funk on the date of enactment of this Act.
                    (AA) 640 acres in T. 30 N., R. 22 E., sec. 36.
                    (BB) 640 acres in T. 30 N., R. 23 E., sec. 16.
                    (CC) 640 acres in T. 30 N., R. 23 E., sec. 36.
                    (DD) 640 acres in T. 30 N., R. 24 E., sec. 16.
                    (EE) 640 acres in T. 30 N., R. 24 E., sec. 36.
                    (FF) 640 acres in T. 30 N., R. 25 E., sec. 16.
                    (GG) 275.88 acres in T. 30 N., R. 26 E., sec. 36, 
                under lease by the Fort Belknap Community Council on 
                the date of enactment of this Act.
                    (HH) 640 acres in T. 31 N., R. 22 E., sec. 36.
                    (II) 640 acres in T. 31 N., R. 23 E., sec. 16.
                    (JJ) 640 acres in T. 31 N., R. 23 E., sec. 36.
                    (KK) 34.04 acres in T. 31 N., R. 26 E., sec. 16, 
                lot 4.
                    (LL) 640 acres in T. 25 N., R. 22 E., sec. 16.
                    (MM) 600 acres in T. 27 N., R. 20 E., sec. 36.
                    (NN) 640 acres in T. 27 N., R. 21 E., sec. 16.
                    (OO) 640 acres in T. 28 N., R. 21 E., sec. 27.
                    (PP) 639.04 acres in T. 28 N., R. 22 E., sec. 16.
                    (QQ) 543.84 acres in T. 28 N., R. 26 E., sec. 36, 
                comprised of--
                            (i) 9.15 acres in lot 1;
                            (ii) 13.69 acres in lot 2;
                            (iii) 18.23 acres in lot 3;
                            (iv) 22.77 acres in lot 4;
                            (v) 40 acres in the NE\1/4\ of the NE\1/4\;
                            (vi) 40 acres in the NE\1/4\ of the NW\1/
                        4\;
                            (vii) 40 acres in the NE\1/4\ of the SE\1/
                        4\;
                            (viii) 40 acres in the NE\1/4\ of the SW\1/
                        4\;
                            (ix) 40 acres in the NW\1/4\ of the NE\1/
                        4\;
                            (x) 40 acres in the NW\1/4\ of the SE\1/4\;
                            (xi) 40 acres in the SE\1/4\ of the NE\1/
                        4\;
                            (xii) 40 acres in the SE\1/4\ of the NW\1/
                        4\;
                            (xiii) 40 acres in the SE\1/4\ of the SE\1/
                        4\;
                            (xiv) 40 acres in the SE\1/4\ of the SW\1/
                        4\;
                            (xv) 40 acres in the SW\1/4\ of the NE\1/
                        4\; and
                            (xvi) 40 acres in the SW\1/4\ of the SE\1/
                        4\.
                    (RR) 73.36 acres in T. 29 N., R. 22 E., sec. 16, 
                comprised of--
                            (i) 18.09 acres in lot 1;
                            (ii) 18.25 acres in lot 2;
                            (iii) 18.43 acres in lot 3; and
                            (iv) 18.59 acres in lot 4.
                    (SS) 58.72 acres in T. 30 N., R. 22 E., sec. 16, 
                comprised of--
                            (i) 14.49 acres in lot 9;
                            (ii) 14.61 acres in lot 10;
                            (iii) 14.75 acres in lot 11; and
                            (iv) 14.87 acres in lot 12.
                    (TT) 369.36 acres in T. 30 N., R. 26 E., sec. 36, 
                comprised of--
                            (i) 45.82 acres in lot 1;
                            (ii) 10.16 acres in lot 2;
                            (iii) 14.52 acres in lot 3;
                            (iv) 18.86 acres in lot 4;
                            (v) 40 acres in the NE\1/4\ of the NE\1/4\;
                            (vi) 40 acres in the SW\1/4\ of the NE\1/
                        4\;
                            (vii) 40 acres in the SE\1/4\ of the NE\1/
                        4\;
                            (viii) 40 acres in the NE\1/4\ of the SE\1/
                        4\;
                            (ix) 40 acres in the NW\1/4\ of the SE\1/
                        4\;
                            (x) 40 acres in the SE\1/4\ of the SE\1/4\; 
                        and
                            (xi) 40 acres in the SW\1/4\ of the SE\1/
                        4\.
                    (UU) 640 acres in T. 29 N., R. 22 E., sec. 8.
                    (VV) 400 acres in T. 29 N., R. 22 E., sec. 17, 
                comprised of--
                            (i) 320 acres in the N\1/2\; and
                            (ii) 80 acres in the N\1/2\ of the SW\1/4\.
                    (WW) 120 acres in sec. 18, T. 29 N., R. 22 E., 
                comprised of--
                            (i) 80 acres in the E\1/2\ of the NE\1/4\; 
                        and
                            (ii) 40 acres in the NE\1/4\ of the SE\1/
                        4\.
            (3) Federal land.--Notwithstanding any other provision of 
        law, for purposes of a land exchange under this subsection, the 
        Secretary may exchange any Federal land not identified for 
        disposal pursuant to a resource management plan developed under 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1701 et seq.), including any Bureau of Reclamation land located 
        in section 1, 2, 11, or 12 of T. 31 N., R. 32 E.
            (4) Requirements.--
                    (A) Value and acreage.--The Secretary shall ensure 
                that--
                            (i) the value of any Federal land exchanged 
                        for State land under this subsection is equal 
                        to or greater than the value of the State land; 
                        and
                            (ii) the acreage of any Federal land 
                        exchanged for State land under this subsection 
                        is equal to or greater than the acreage of the 
                        State land, unless the Secretary and the State 
                        specifically agree otherwise.
                    (B) Basis.--Unless the Secretary and the State 
                specifically agree otherwise, each land exchange under 
                this subsection shall be on a whole-estate for whole-
                estate basis.
            (5) Eligibility of other state parcels.--If, at any time 
        after the date of enactment of this Act, the Fort Belknap 
        Community Council enters into a lease for any other State 
        parcel or secures the written consent of each lessee of any 
        other State parcel, the other State parcel shall be eligible 
        for exchange under this subsection.
            (6) Total quantity of state land to be exchanged.--
                    (A) On reservation.--The total quantity of State 
                land located within the boundaries of the Reservation 
                that may be exchanged under this subsection is 20,296.1 
                acres.
                    (B) Off reservation.--The total quantity of State 
                land located outside of the boundaries of the 
                Reservation that may be transferred under this 
                subsection is 7,413.24 acres.
    (b) Federal Land Transfers.--
            (1) In general.--In partial satisfaction of claims relating 
        to Indian water rights covered by this Act, the Fort Belknap 
        Indian Community shall request and agree to the exchange and 
        transfer of land in accordance with this subsection.
            (2) Transfers.--On selection and request by the Fort 
        Belknap Indian Community, the Secretary shall transfer to the 
        United States, to be held in trust for the Fort Belknap Indian 
        Community, all Federal land within the parcels described in 
        paragraph (3)--
                    (A) with the exception of any land subject to valid 
                existing private rights, including land subject to 
                sections 2318 through 2352 of the Revised Statutes 
                (commonly known as the ``Mining Law of 1872'') (30 
                U.S.C. 21 et seq.); and
                    (B) subject to the condition that no road necessary 
                for customary access to fee parcels or other private 
                rights within the parcels shall be included in the 
                transfer.
            (3) Description of parcels.--The parcels referred to in 
        paragraph (2) are the following:
                    (A) Bureau of land management parcels.--
                            (i) 59.46 acres in T. 25 N., R. 22 E., sec. 
                        4, comprised of--
                                    (I) 19.55 acres in lot 10;
                                    (II) 19.82 acres in lot 11; and
                                    (III) 20.09 acres in lot 16.
                            (ii) 324.24 acres in the N\1/2\ of T. 25 
                        N., R. 22 E., sec. 5.
                            (iii) 403.56 acres in T. 25 N., R. 22 E., 
                        sec. 9, comprised of--
                                    (I) 41.11 acres of the E\1/4\ of 
                                the NE\1/4\; and
                                    (II) 362.45 acres of the S\1/2\.
                            (iv) 70.63 acres in T. 25 N., R. 22 E., 
                        sec. 13.
                            (v) 71.12 acres in T. 25 N., R. 22 E., sec. 
                        14.
                            (vi) 81.73 acres in T. 25 N., R. 22 E., 
                        sec. 15.
                            (vii) 160 acres in T. 26 N., R. 21 E., sec. 
                        1, comprised of--
                                    (I) 80 acres of the S\1/2\ of the 
                                NW\1/4\; and
                                    (II) 80 acres of the W\1/2\ of the 
                                SW\1/4\.
                            (viii) 567.50 acres in T. 26 N., R. 21 E., 
                        sec. 2, comprised of--
                                    (I) 82.54 acres of the E\1/2\ of 
                                the NW\1/4\;
                                    (II) 164.96 acres of the NE\1/4\; 
                                and
                                    (III) 320 acres of the S\1/2\.
                            (ix) 240 acres in T. 26 N., R. 21 E., sec. 
                        3, comprised of--
                                    (I) 40 acres of the SE\1/4\ of the 
                                NW\1/4\;
                                    (II) 160 acres of the SW\1/4\; and
                                    (III) 40 acres of the SW\1/4\ of 
                                the SE\1/4\.
                            (x) 120 acres in T. 26 N., R. 21 E., sec. 
                        4, comprised of--
                                    (I) 80 acres of the E\1/2\ of the 
                                SE\1/4\; and
                                    (II) 40 acres of the NW\1/4\ of the 
                                SE\1/4\.
                            (xi) 200 acres in T. 26 N., R. 21 E., 
                        sec.5, comprised of--
                                    (I) 160 acres of the SW\1/4\; and
                                    (II) 40 acres of the SW\1/4\ of the 
                                NW\1/4\.
                            (xii) 40 acres in the SE\1/4\ of the SE\1/
                        4\ of T. 26 N., R. 21 E., sec. 6.
                            (xiii) 240 acres in T. 26 N., R. 21 E., 
                        sec. 8, comprised of--
                                    (I) 40 acres of the NE\1/4\ of the 
                                SW\1/4\;
                                    (II) 160 acres of the NW\1/4\; and
                                    (III) 40 acres of the NW\1/4\ of 
                                the SE\1/4\.
                            (xiv) 320 acres in the E\1/2\ of T. 26 N., 
                        R. 21 E., sec. 9.
                            (xv) 640 acres in T. 26 N., R. 21 E., sec. 
                        10.
                            (xvi) 600 acres in T. 26 N., R. 21 E., sec. 
                        11, comprised of--
                                    (I) 320 acres of the N\1/2\;
                                    (II) 80 acres of the N\1/2\ of the 
                                SE\1/4\;
                                    (III) 160 acres of the SW\1/4\; and
                                    (IV) 40 acres of the SW\1/4\ of the 
                                SE\1/4\.
                            (xvii) 513.49 acres in T. 26 N., R. 22 E., 
                        sec. 21, comprised of--
                                    (I) 160 acres of the NW\1/4\; and
                                    (II) 353.49 acres of the S\1/2\.
                            (xviii) 719.58 acres in T. 26 N., R. 22 E., 
                        sec. 28.
                            (xix) 560 acres in T. 26 N., R. 22 E., sec. 
                        29, comprised of--
                                    (I) 320 acres of the N\1/2\;
                                    (II) 160 acres of the N\1/2\ of the 
                                S\1/2\; and
                                    (III) 80 acres of the S\1/2\ of the 
                                SE\1/4\.
                            (xx) 400 acres in T. 26 N., R. 22 E., sec. 
                        32, comprised of--
                                    (I) 320 acres of the S\1/2\; and
                                    (II) 80 acres of the S\1/2\ of the 
                                NW\1/4\.
                            (xxi) 455.51 acres in T. 26 N., R. 22 E., 
                        sec. 33, comprised of--
                                    (I) lots 3, 4, and 5;
                                    (II) 40 acres of the NW\1/4\ of the 
                                NE\1/4\;
                                    (III) 160 acres of the SW\1/4\; and
                                    (IV) 80 acres of the W\1/2\ of the 
                                SE\1/4\.
                            (xxii) 88.71 acres in T. 27 N., R. 21 E., 
                        sec. 1, comprised of--
                                    (I) 48.71 acres of the N\1/2\ of 
                                the NE\1/4\; and
                                    (II) 40 acres of the SW\1/4\ of the 
                                SW\1/4\.
                            (xxiii) 97.40 acres in the G lots 1, 2, 3, 
                        and 4 of T. 27 N., R. 21 E., sec. 2.
                            (xxiv) 168.72 acres in T. 27 N., R. 21 E., 
                        sec. 3, comprised of--
                                    (I) lots 11 and 12;
                                    (II) 24.36 acres in lot 1;
                                    (III) 24.36 acres in lot 2; and
                                    (IV) 40 acres in lot 8.
                            (xxv) 80 acres in T. 27 N., R. 21 E., sec. 
                        11, comprised of--
                                    (I) 40 acres of the NW\1/4\ of the 
                                SW\1/4\; and
                                    (II) 40 acres of the SW\1/4\ of the 
                                NW\1/4\.
                            (xxvi) 200 acres in T. 27 N., R. 21 E., 
                        sec. 12, comprised of--
                                    (I) 80 acres of the E\1/2\ of the 
                                SW\1/4\;
                                    (II) 40 acres of the NW\1/4\ of the 
                                NW\1/4\; and
                                    (III) 40 acres of the S\1/2\ of the 
                                NW\1/4\.
                            (xxvii) 38.87 acres in the NW\1/4\ of the 
                        SW\1/4\ of T. 27 N., R. 21 E., sec. 19.
                            (xxviii) 40 acres in the SE\1/4\ of the 
                        NE\1/4\ of T. 27 N., R. 21 E., sec. 23.
                            (xxix) 320 acres in T. 27 N., R. 21 E., 
                        sec. 24, comprised of--
                                    (I) 80 acres of the E\1/2\ of the 
                                NW\1/4\;
                                    (II) 160 acres of the NE\1/4\;
                                    (III) 40 acres of the NE\1/4\ of 
                                the SE\1/4\; and
                                    (IV) 40 acres of the SW\1/4\ of the 
                                SW\1/4\.
                            (xxx) 120 acres in T. 27 N., R. 21 E., sec. 
                        25, comprised of--
                                    (I) 80 acres of the S\1/2\ of the 
                                NE\1/4\; and
                                    (II) 40 acres of the SE\1/4\ of the 
                                NW\1/4\.
                            (xxxi) 40 acres in the NE\1/4\ of the SE\1/
                        4\ of T. 27 N., R. 21 E., sec. 26.
                            (xxxii) 160 acres in the NW\1/4\ of T. 27 
                        N., R. 21 E., sec. 27.
                            (xxxiii) 40 acres in the SW\1/4\ of the 
                        SW\1/4\ of T. 27 N., R. 21 E., sec. 29.
                            (xxxiv) 40 acres in the SW\1/4\ of the 
                        NE\1/4\ of T. 27 N., R. 21 E., sec 30.
                            (xxxv) 120 acres in the SE\1/4\ of the 
                        NE\1/4\ and N\1/2\ of the SE\1/4\ of T. 27 N., 
                        R. 21 E., sec. 33.
                            (xxxvi) 440 acres in T. 27 N., R. 21 E., 
                        sec. 34, comprised of--
                                    (I) 160 acres of the N\1/2\ of the 
                                S\1/2\;
                                    (II) 160 acres of the NE\1/4\;
                                    (III) 80 acres of the S\1/2\ of the 
                                NW\1/4\; and
                                    (IV) 40 acres of the SE\1/4\ of the 
                                SE\1/4\.
                            (xxxvii) 133.44 acres in T. 27 N., R. 22 
                        E., sec. 4, comprised of--
                                    (I) the G lots 5 and 6;
                                    (II) 40 acres in lot 10; and
                                    (III) 40 acres in lot 15.
                            (xxxviii) 160 acres in T. 27 N., R. 22 E., 
                        sec. 7, comprised of--
                                    (I) 40 acres of the NE\1/4\ of the 
                                NE\1/4\;
                                    (II) 80 acres of the NW\1/4\ of the 
                                SW\1/4\; and
                                    (III) 40 acres of the W\1/2\ of the 
                                NW\1/4\.
                            (xxxix) 120 acres in T. 27 N., R. 22 E., 
                        sec. 8, comprised of--
                                    (I) 40 acres of the E\1/2\ of the 
                                NW\1/4\; and
                                    (II) 80 acres of the NE\1/4\ of the 
                                SW\1/4\.
                            (xl) 40 acres in the SW\1/4\ of the NW\1/4\ 
                        of T. 27 N., R. 22 E., sec. 9.
                            (xli) 40 acres in the NE\1/4\ of the SW\1/
                        4\ of T. 27 N., R. 22 E., sec. 17.
                            (xlii) 40 acres in the NW\1/4\ of the NW\1/
                        4\ of T. 27 N., R. 22 E., sec. 19.
                            (xliii) 40 acres in the SE\1/4\ of the 
                        NW\1/4\ of T27 N., R22 E., sec. 20.
                            (xliv) 80 acres in the W\1/2\ of the SE\1/
                        4\ of T. 27 N., R. 22 E., sec. 31.
                            (xlv) 52.36 acres in the SE\1/4\ of the 
                        SE\1/4\ of T. 27 N., R. 22 E., sec. 33.
                            (xlvi) 40 acres in the NE\1/4\ of the SW\1/
                        4\ of T. 28 N., R. 22 E., sec. 29.
                            (xlvii) 40 acres in the NE\1/4\ of the 
                        NE\1/2\ of T. 26 N., R. 21 E., sec. 7.
                            (xlviii) 40 acres in T. 26 N., R. 21 E., 
                        sec. 12.
                            (xlix) 42.38 acres in the NW\1/4\ of the 
                        NE\1/4\ of T. 26 N., R. 22 E., sec. 6.
                            (l) 320 acres in the E\1/2\ of T. 26 N., R. 
                        22 E., sec. 17.
                            (li) 80 acres in the E\1/2\ of the NE\1/4\ 
                        of T. 26 N., R. 22 E., sec. 20.
                            (lii) 240 acres in T. 26 N., R. 22 E., sec. 
                        30, comprised of--
                                    (I) 80 acres of the E\1/2\ of the 
                                NE\1/4\;
                                    (II) 80 acres of the N\1/2\ of the 
                                SE\1/4\;
                                    (III) 40 acres of the SE\1/4\ of 
                                the NW\1/4\; and
                                    (IV) 40 acres of the SW\1/4\ of the 
                                NE\1/4\.
                    (B) Department of agriculture parcels.--The parcels 
                of approximately 3,519.3 acres of trust land that has 
                been converted to fee land, judicially foreclosed on, 
                and acquired by the Department of Agriculture described 
                in clauses (i) through (iii).
                            (i) Benjamin kirkaldie.--640 acres in T. 29 
                        N., R. 26 E., Principal Meridian, Montana 
                        (PMM), comprised of--
                                    (I) the SW\1/4\ of sec. 27;
                                    (II) the NE\1/4\ of sec. 33; and
                                    (III) the W\1/2\ of sec. 34.
                            (ii) Emma lamebull.--320 acres in the N\1/
                        2\ of T. 30 N., R. 23 E., sec. 28, PMM.
                            (iii) Alfred minugh.--2,559.3 acres 
                        comprised of--
                                    (I) T. 28 N., R. 24 E., PMM, 
                                including--
                                            (aa) the E\1/2\, W\1/2\, 
                                        E\1/2\, W\1/2\, W\1/2\, NE\1/
                                        4\, the E\1/2\, E\1/2\, W\1/2\, 
                                        W\1/2\, NE\1/4\, the E\1/2\, 
                                        W\1/2\, NE\1/4\, the W\1/2\, 
                                        E\1/2\, NE\1/4\, the W\1/2\, 
                                        E\1/2\, E\1/2\, NE\1/4\, the 
                                        W\1/2\, W\1/2\, E\1/2\, E\1/2\, 
                                        E\1/2\, NE\1/4\, and the SE\1/
                                        4\ of sec. 16;
                                            (bb) all of sec. 21;
                                            (cc) the S\1/2\ of sec. 22; 
                                        and
                                            (dd) the W\1/2\ of sec. 27;
                                    (II) T. 29 N., R. 25 E., PMM, 
                                including--
                                            (aa) the S\1/2\ of sec. 1; 
                                        and
                                            (bb) the N\1/2\ of sec. 12;
                                    (III) T. 29 N., R. 26 E., PMM, sec. 
                                6, lot 2;
                                    (IV) T. 30 N., R. 26 E., PMM, 
                                including--
                                            (aa) sec. 3, lot 2;
                                            (bb) the SW\1/4\ of the 
                                        SW\1/4\ of sec. 4;
                                            (cc) the E\1/2\ of the 
                                        SE\1/4\ of sec. 5;
                                            (dd) the S\1/2\ of the 
                                        SE\1/4\ of sec. 7; and
                                            (ee) the N\1/2\, N\1/2\, 
                                        NE\1/4\ of sec. 18; and
                                    (V) T. 31 N., R. 26 E., PMM, the 
                                NW\1/4\ of the SE\1/4\ of sec. 31.
                    (C) Grinnell lands.--The following parcels, known 
                as the ``Grinnell Lands'':
                            (i) 275.55 acres in T. 25 N., R. 24 E., 
                        sec. 11, exterior to Cercla boundary.
                            (ii) 547.20 acres in T. 25 N., R. 24 E., 
                        sec. 1, exterior to Cercla boundary, comprised 
                        of--
                                    (I) lots 1 through 12; and
                                    (II) 160 acres of the SW\1/4\.
                            (iii) 682.45 acres in T. 25 N., R. 24 E., 
                        sec. 2, comprised of--
                                    (I) lots 1 through 12;
                                    (II) 40 acres in each of--
                                            (aa) the SESW;
                                            (bb) the SWSW;
                                            (cc) the NESW;
                                            (dd) the NWSW; and
                                    (III) 135.73 acres of the SE\1/4\.
                            (iv) 463.99 acres in T. 25 N., R. 24 E., 
                        sec. 3, comprised of--
                                    (I) lots 5 through 15; and
                                    (II) 160 acres of the SE\1/4\.
                            (v) 109.48 acres in T. 25 N., R. 24 E., 
                        sec. 10, comprised of--
                                    (I) lot 5; and
                                    (II) 80 acres of the N\1/2\ of the 
                                NE\1/4\.
                            (vi) 139.17 acres in T. 25 N., R. 24 E., 
                        sec. 12, exterior to Cercla boundary, comprised 
                        of--
                                    (I) lots 14 and 15; and
                                    (II) 80 acres of the N\1/2\ of the 
                                NW\1/4\.
                            (vii) 322.77 acres in T. 25 N., R. 24 E., 
                        sec. 16, comprised of--
                                    (I) lots 9 through 12; and
                                    (II) 160 acres of the S\1/2\ of the 
                                S\1/2\.
                            (viii) 391.45 acres in T. 25 N., R. 24 E., 
                        sec. 17, comprised of--
                                    (I) lots 8, 9, 10, and 13;
                                    (II) 40 acres of the NW\1/4\ of the 
                                SE\1/4\;
                                    (III) 80 acres of the N\1/2\ of the 
                                SW\1/4\; and
                                    (IV) 160 acres of the S\1/2\ of the 
                                S\1/2\.
                            (ix) 320 acres in the W\1/2\ of T. 25 N., 
                        R. 24 E., sec. 21, exterior to Cercla boundary.
                            (x) 79.47 acres in T. 25 N., R. 25 E., sec. 
                        2, comprised of lots 3 through 7.
                            (xi) 647.09 acres in T. 25 N., R. 25 E., 
                        sec. 3, comprised of--
                                    (I) lots 4 through 17;
                                    (II) 40 acres of the NW1\/4\ of the 
                                SE\1/4\; and
                                    (III) 160 acres of the SW\1/4\.
                            (xii) 695.44 acres in T. 25 N., R. 25 E., 
                        sec. 4, comprised of--
                                    (I) lots 1 through 12; and
                                    (II) 320 acres of the S\1/2\.
                            (xiii) 671.39 acres in T. 25 N., R. 25 E., 
                        sec. 5, comprised of--
                                    (I) lots 1 through 12; and
                                    (II) 320 acres of the S\1/2\.
                            (xiv) 543.56 acres in T. 25 N., R. 25 E., 
                        sec. 6, exterior to Cercla boundary, comprised 
                        of--
                                    (I) lots 1 through 12; and
                                    (II) 160 acres of the SE\1/4\.
                            (xv) 480 acres in T. 25 N., R. 25 E., sec. 
                        8, exterior to Cercla boundary, comprised of--
                                    (I) 320 acres of the N\1/2\; and
                                    (II) 160 acres of the SE\1/4\.
                            (xvi) 640 acres in T. 25 N., R. 25 E., sec. 
                        9.
                            (xvii) 202.76 acres in T. 25 N., R. 25 E., 
                        sec. 10, comprised of--
                                    (I) lots 6 through 10; and
                                    (II) 80 acres of the W\1/2\ of the 
                                NW\1/4\.
                            (xviii) 17.66 acres in T. 26 N., R. 24 E., 
                        sec. 22.
                            (xix) 109.33 acres in T. 26 N., R. 24 E., 
                        sec. 23, comprised of lots 5 through 7.
                            (xx) 443.59 acres in T. 26 N., R. 24 E., 
                        sec. 25, comprised of--
                                    (I) lots 5 through 10;
                                    (II) 160 acres of the SW\1/4\;
                                    (III) 40 acres of the SW\1/4\ of 
                                the NW\1/4\; and
                                    (IV) 80 acres of the W\1/2\ of the 
                                SE\1/2\.
                            (xxi) 630.36 acres in T. 26 N., R. 24 E., 
                        sec. 26, comprised of--
                                    (I) lots 2 through 5;
                                    (II) 320 acres of the S\1/2\; and
                                    (III) 160 acres of the S\1/2\ of 
                                the N\1/2\.
                            (xxii) 91.97 acres in T. 26 N., R. 24 E., 
                        sec. 27, comprised of lots 5 through 8.
                            (xxiii) 291.60 acres in T. 26 N., R. 24 E., 
                        sec. 34, comprised of--
                                    (I) lots 5 through 8;
                                    (II) 160 acres of the E\1/2\ of the 
                                E\1/2\; and
                                    (III) 40 acres of the SW\1/4\ of 
                                the SE\1/4\.
                            (xxiv) 640 acres in T. 26 N., R. 24 E., 
                        sec. 35.
                            (xxv) 640 acres in T. 26 N., R. 24 E., sec. 
                        36.
                            (xxvi) 13 acres in T. 26 N., R. 25 E., sec. 
                        25.
                            (xxvii) 246.54 acres in T. 26 N., R. 25 E., 
                        sec. 26, comprised of lots 6 through 15.
                            (xxviii) 245.20 acres in T. 26 N., R. 25 
                        E., sec. 27, comprised of lots 5 through 12.
                            (xxix) 275.44 acres in T. 26 N., R. 25 E., 
                        sec. 28, comprised of lots 5 through 12.
                            (xxx) 308.80 acres in T. 26 N., R. 25 E., 
                        sec. 29, comprised of lots 5 through 12.
                            (xxxi) 287.86 acres in T. 26 N., R. 25 E., 
                        sec. 30, comprised of lots 6 through 13.
                            (xxxii) 634.30 acres in T. 26 N., R. 25 E., 
                        sec. 31, comprised of--
                                    (I) lots 1 through 4;
                                    (II) 320 acres of the E\1/2\; and
                                    (III) 160 acres of the E\1/2\ of 
                                the W\1/2\.
                            (xxxiii) 640 acres in T. 26 N., R. 25 E., 
                        sec. 32.
                            (xxxiv) 640 acres in T. 26 N., R. 25 E., 
                        sec. 33.
                            (xxxv) 640 acres in T. 26 N., R. 25 E., 
                        sec. 34.
                            (xxxvi) 488.08 acres in T. 26 N., R. 25 E., 
                        sec. 35, comprised of--
                                    (I) lots 5 through 10;
                                    (II) 80 acres of the N\1/2\ of the 
                                SW\1/4\;
                                    (III) 160 acres of the NW\1/4\; and
                                    (IV) 40 acres of the SW\1/4\ of the 
                                SW\1/4\.
                    (D) Dodson land.--
                            (i) In general.--Subject to clause (ii), 
                        the approximately 2,573.79 acres land owned by 
                        the United States on the northeast corner of 
                        the Reservation and described in clause (iii) 
                        shall be transferred by the United States to 
                        the Fort Belknap Indian Community without 
                        charge, to be held in trust by the United 
                        States for the benefit of the Fort Belknap 
                        Indian Community.
                            (ii) Restrictions.--
                                    (I) In general.--A transfer under 
                                this subparagraph shall not occur 
                                unless and until a cooperative 
                                agreement has been negotiated among the 
                                Bureau of Reclamation, the Bureau of 
                                Indian Affairs, the Fort Belknap Indian 
                                Community, and the Malta Irrigation 
                                District--
                                            (aa) to ensure that the 
                                        Bureau of Reclamation and any 
                                        successor in interest, 
                                        including the Malta Irrigation 
                                        District, shall retain adequate 
                                        rights-of-way to operate and 
                                        maintain, consistent with all 
                                        applicable laws and any 
                                        delivery contracts in effect on 
                                        the date of enactment of this 
                                        Act, the Milk River Project and 
                                        facilities of the Milk River 
                                        Project, including the Dodson 
                                        Diversion Dam and the Dodson 
                                        South Canal within the Dodson 
                                        land;
                                            (bb) to manage and 
                                        implement the planning, design, 
                                        and construction activities 
                                        described in this section; and
                                            (cc) to agree on the uses 
                                        to which the Fort Belknap 
                                        Indian Community may put the 
                                        land described in clause (iii).
                                    (II) Milk river project.--The 
                                transfer of the Dodson land shall be 
                                subject to--
                                            (aa) the right of ingress 
                                        and egress by personnel of the 
                                        Bureau of Reclamation, the 
                                        Malta Irrigation District, and 
                                        other authorized personnel for 
                                        Milk River Project purposes;
                                            (bb) all existing rights-
                                        of-way of record or in use for 
                                        Milk River Project facilities 
                                        and for access to those 
                                        facilities for Milk River 
                                        Project purposes, as determined 
                                        by the Bureau of Reclamation, 
                                        the Malta Irrigation District, 
                                        and authorized personnel; and
                                            (cc) the right of the 
                                        Bureau of Reclamation and Malta 
                                        Irrigation District--

                                                    (AA) to seep, 
                                                flood, and overflow the 
                                                transferred land for 
                                                Milk River Project 
                                                purposes; and

                                                    (BB) to prohibit 
                                                the construction of 
                                                permanent structures on 
                                                the transferred land, 
                                                except as provided for 
                                                in the cooperative 
                                                agreement to be 
                                                executed under 
                                                subsection 
                                                (b)(3)(D)(ii).

                            (iii) Description of land.--The Dodson land 
                        to be transferred is comprised of--
                                    (I) 8.42 acres in T. 31 N., R. 25 
                                E. , sec. 13, lot 5;
                                    (II) 342.89 acres in T. 30 N., R. 
                                26 E., sec. 1, comprised of--
                                            (aa) 10.15 acres in lot 10;
                                            (bb) 37.96 acres in lot 11;
                                            (cc) 37.90 acres in the 
                                        NE\1/4\ of the SW\1/4\;
                                            (dd) 10.06 acres in the 
                                        NW\1/4\ of the NW\1/4\;
                                            (ee) 40 acres in the NW\1/
                                        4\ of the SE\1/4\;
                                            (ff) 36.76 acres in the 
                                        NW\1/4\ of the SW\1/4\;
                                            (gg) 1.09 acres in the 
                                        SE\1/4\ of the NW\1/4\;
                                            (hh) 30.20 acres in the 
                                        SE\1/4\ of the SE\1/4\;
                                            (ii) 34.54 acres in the 
                                        SE\1/4\ of the SW\1/4\;
                                            (jj) 23.30 acres in the 
                                        SW\1/4\ of the NE\1/4\;
                                            (kk) 15.76 acres in the 
                                        SW\1/4\ of the NW\1/4\;
                                            (ll) 32.17 acres in the 
                                        SW\1/4\ of the SE\1/4\; and
                                            (mm) 33 acres in the SW\1/
                                        4\ of the SW\1/4\;
                                    (III) 15.81 acres in T. 30 N., R. 
                                26 E., sec. 2, comprised of--
                                            (aa) 15.79 acres in the 
                                        NE\1/4\ of the NE\1/4\; and
                                            (bb) 0.02 acres in the 
                                        SE\1/4\ of the NE\1/4\;
                                    (IV) 134.01 acres in T, 31 N., R. 
                                26 E., sec. 17, comprised of--
                                            (aa) 7.72 acres in lot 7;
                                            (bb) 6.98 acres in lot 8;
                                            (cc) 11.40 acres in lot 9;
                                            (dd) 2.34 acres in lot 10;
                                            (ee) 27.49 acres in lot 11;
                                            (ff) 30.60 acres in lot 12;
                                            (gg) 13.26 acres in lot 13; 
                                        and
                                            (hh) 34.22 acres in lot 14;
                                    (V) 150.07 acres in T. 31 N., R. 26 
                                E., sec. 18, comprised of--
                                            (aa) 26.64 acres in lot 9;
                                            (bb) 21.16 acres in lot 10;
                                            (cc) 12.12 acres in lot 11;
                                            (dd) 21 acres in lot 13;
                                            (ee) 28.76 acres in lot 14;
                                            (ff) 12.92 acres in the 
                                        NW\1/4\ of the SW\1/4\;
                                            (gg) 23.80 acres in the 
                                        SE\1/4\ of the SW\1/4\; and
                                            (hh) 3.67 acres in the 
                                        SW\1/4\ of the SW\1/4\;
                                    (VI) 60.30 acres in T. 31 N., R. 26 
                                E., sec. 19, comprised of--
                                            (aa) 27.66 acres in the 
                                        NE\1/4\ of the NE\1/4\;
                                            (bb) 4.67 acres in the 
                                        NW\1/4\ of the NE\1/4\; and
                                            (cc) 27.97 acres in the 
                                        SE\1/4\ of the NE\1/4\;
                                    (VII) 420.37 acres in T. 31 N., R. 
                                26 E., sec. 20, comprised of--
                                            (aa) 39.29 acres in lot 2;
                                            (bb) 39.03 acres in lot 3;
                                            (cc) 37.21 acres in lot 4;
                                            (dd) 17.17 acres in the 
                                        NE\1/4\ of the NW\1/4\;
                                            (ee) 40 acres in the NE\1/
                                        4\ of the SE\1/4\;
                                            (ff) 24.34 acres in the 
                                        NE\1/4\ of the SW\1/4\;
                                            (gg) 8.54 acres in the 
                                        NW\1/4\ of the NW\1/4\;
                                            (hh) 37.20 acres in the 
                                        NW\1/4\ of the SE\1/4\;
                                            (ii) 18.94 acres in the 
                                        SE\1/4\ of the NW\1/4\;
                                            (jj) 40 acres in the SE\1/
                                        4\ of the SE\1/4\;
                                            (kk) 38.65 acres in the 
                                        SW\1/4\ of the NE\1/4\;
                                            (ll) 40 acres in the SW\1/
                                        4\ of the NW\1/4\; and
                                            (mm) 40 acres in the SW\1/
                                        4\ of the SE\1/4\;
                                    (VIII) 325.25 acres in T. 31 N., R. 
                                26 E., sec. 21, comprised of--
                                            (aa) 19.29 acres in lot 4;
                                            (bb) 11.12 acres in lot 7;
                                            (cc) 20.08 acres in lot 8;
                                            (dd) 19.11 acres in lot 10;
                                            (ee) 29.72 acres in lot 11;
                                            (ff) 39 acres in lot 12;
                                            (gg) 26.93 acres in lot 13;
                                            (hh) 40 acres in the NW\1/
                                        4\ of the SW\1/4\;
                                            (ii) 40 acres in the SE\1/
                                        4\ of the SW\1/4\;
                                            (jj) 40 acres in the SW\1/
                                        4\ of the SW\1/4\; and
                                            (kk) 40 acres in the SW\1/
                                        4\ of the SE\1/4\;
                                    (IX) 98.05 acres in T. 31 N., R. 26 
                                E., sec. 22, comprised of--
                                            (aa) 25.87 acres in lot 5;
                                            (bb) 32.01 acres in lot 6;
                                            (cc) 27.49 acres in lot 7; 
                                        and
                                            (dd) 12.68 acres in lot 8;
                                    (X) 156.21 acres in T. 31 N., R. 26 
                                E., sec. 26, comprised of--
                                            (aa) 35.32 acres in lot 3;
                                            (bb) 24.34 acres in lot 6;
                                            (cc) 40 acres in the NW\1/
                                        4\ of the SW\1/4\;
                                            (dd) 16.60 acres in the 
                                        SE\1/4\ of the SW\1/4\;
                                            (ee) 24.20 acres in the 
                                        SW\1/4\ of the SE\1/4\;
                                            (ff) 0.12 acres in the 
                                        SE\1/4\ of the SE\1/4\; and
                                            (gg) 15.63 acres in the 
                                        SW\1/4\ of the SW\1/4\;
                                    (XI) 438.99 acres in T. 31 N., R. 
                                26 E., sec. 27, comprised of--
                                            (aa) 32.05 acres in lot 4;
                                            (bb) 39.32 acres in lot 5;
                                            (cc) 19.89 acres in lot 6;
                                            (dd) 39.97 acres in lot 7;
                                            (ee) 21.75 acres in lot 8;
                                            (ff) 40 acres in the NE\1/
                                        4\ of the SE\1/4\;
                                            (gg) 40 acres in the NE\1/
                                        4\ of the SW\1/4\;
                                            (hh) 40 acres in the NW\1/
                                        4\ of the SE\1/4\;
                                            (ii) 40 acres in the NW\1/
                                        4\ of the SW\1/4\;
                                            (jj) 40 acres in the SE\1/
                                        4\ of the NW\1/4\;
                                            (kk) 11.52 acres in the 
                                        SE\1/4\ of the SE\1/4\;
                                            (ll) 3.38 acres in the 
                                        SE\1/4\ of the SW\1/4\;
                                            (mm) 33.55 acres in the 
                                        SW\1/4\ of the NW\1/4\;
                                            (nn) 7.48 acres in the 
                                        SW\1/4\ of the SE\1/4\; and
                                            (oo) 30.08 acres in the 
                                        SW\1/4\ of the SW\1/4\;
                                    (XII) 169.58 acres in T. 31 N., R. 
                                26 E., sec. 28, comprised of--
                                            (aa) 39.97 acres in lot 1;
                                            (bb) 11.63 acres in the 
                                        NE\1/4\ of the NW\1/4\;
                                            (cc) 30.76 acres in the 
                                        NE\1/4\ of the SE\1/4\;
                                            (dd) 34.26 acres in the 
                                        NW\1/4\ of the NE\1/4\;
                                            (ee) 13.04 acres in the 
                                        NW\1/4\ of the SE\1/4\;
                                            (ff) 12.36 acres in the 
                                        SE\1/4\ of the NE\1/4\;
                                            (gg) 7.29 acres in the 
                                        SE\1/4\ of the NE\1/4\;
                                            (hh) 2.98 acres in the 
                                        SE\1/4\ of the SE\1/4\; and
                                            (ii) 17.29 acres in the 
                                        SW\1/4\ of the NE\1/4\;
                                    (XIII) 59.34 acres in T. 31 N., R. 
                                26 E., sec. 29, comprised of--
                                            (aa) 32.97 acres in the 
                                        NE\1/4\ of the NE\1/4\; and
                                            (bb) 26.37 acres in the 
                                        NW\1/4\ of the NE\1/4\;
                                    (XIV) 137.63 acres in T. 31 N., R. 
                                26 E., sec. 35, comprised of--
                                            (aa) 24.59 acres in the 
                                        NE\1/4\ of the NE\1/4\;
                                            (bb) 35.52 acres in the 
                                        NE\1/4\ of the SE\1/4\;
                                            (cc) 1.54 acres in the 
                                        NW\1/4\ of the SE\1/4\;
                                            (dd) 7.12 acres in the 
                                        NW\1/4\ of the NE\1/4\;
                                            (ee) 40 acres in the SE\1/
                                        4\ of the NE\1/4\;
                                            (ff) 24.20 acres in the 
                                        SE\1/4\ of the SE\1/4\; and
                                            (gg) 4.66 acres in the 
                                        SW\1/4\ of the NE\1/4\; and
                                    (XV) 56.87 acres in T. 31 N., R. 26 
                                E., sec. 36, comprised of--
                                            (aa) 15.43 acres in lot 10;
                                            (bb) 30.15 acres in lot 11; 
                                        and
                                            (cc) 11.29 acres in the 
                                        SW\1/4\ of the NW\1/4\.
            (4) Existing rights and uses.--
                    (A) Uses.--
                            (i) In general.--Subject to clause (ii), 
                        any use (including grazing) authorized under a 
                        valid lease, permit, or right-of-way on land 
                        transferred under paragraph (1), as in effect 
                        on the date of the transfer, shall remain in 
                        effect until the date on which the lease, 
                        permit, or right-of-way expires.
                            (ii) Exception.--Clause (i) shall not apply 
                        if the holder of the lease, permit, or right-
                        of-way requests an earlier termination of the 
                        lease, permit, or right-of-way, in accordance 
                        with existing law.
                    (B) Improvements.--Any improvements constituting 
                personal property, as defined by State law, on the land 
                by the holder of the lease, permit, or right-of-way 
                shall remain the property of the holder and shall be 
                removed not later than 90 days after the date on which 
                the lease, permit, or right-of-way expires, unless the 
                Fort Belknap Indian Community and the holder agree 
                otherwise.
                    (C) Payments.--The Secretary shall disburse to the 
                Fort Belknap Indian Community any amounts that accrue 
                to the United States under a lease, permit, or right-
                of-way on land described in subparagraphs (A), (B), 
                (C), and (D) of paragraph (3) from any sale, bonus, 
                royalty, or rental relating to that land in the same 
                manner as amounts received from other land held by the 
                Secretary in trust for the Fort Belknap Indian 
                Community.
            (5) Survey.--With respect to the transfer of land under 
        this subsection--
                    (A) unless the United States or the Fort Belknap 
                Indian Community request an additional survey for the 
                transferred land, the description of land set forth in 
                this section shall be controlling;
                    (B) if a survey is requested, the Secretary and the 
                Fort Belknap Indian Community shall jointly provide for 
                the survey of the land, including any mining claims; 
                and
                    (C) the descriptions set forth in this section or 
                any survey under subparagraph (B) shall control the 
                total acreage to be transferred.
            (6) Date of transfer.--
                    (A) In general.--A transfer of land to the United 
                States to be held in trust for the Fort Belknap Indian 
                Community under this subsection shall take effect 
                immediately on the issuance of a trust deed, which 
                shall occur as expeditiously as practicable.
                    (B) Waivers.--A waiver and release of claims under 
                subsections (a) and (b) of section 10 relating to land 
                described in subparagraph (A) shall take effect on the 
                date on which all of the land transfers for land 
                described in subparagraph (A) are complete.
            (7) Total amount of federal land to be transferred.--The 
        total amount of Federal land, including the Grinnell land, to 
        be transferred under subsections (A), (B), and (C) of paragraph 
        (3) is 28,303.5 acres.
    (c) Foreclosed Land.--Any trust land within the Reservation that 
has been or is foreclosed on by the United States shall be transferred 
to the United States to be held in trust for the Fort Belknap Indian 
Community.
    (d) Fee Land Exchanges.--
            (1) In general.--The Secretary shall exchange surveyed 
        public land in the State, in compliance with applicable laws 
        (including regulations), for whole estate, surface, or 
        subsurface rights to fee land within or adjacent to the 
        Reservation with the consent of the owner of the rights to the 
        fee land.
            (2) Value of exchanged land.--
                    (A) In general.--The Secretary shall ensure that 
                the values and rights of public land and to the fee 
                land to be exchanged under paragraph (1) are 
                substantially equal.
                    (B) Improvements.--In determining the value of a 
                parcel exchanged under paragraph (1), the Secretary 
                shall take into account the value or impact of any 
                improvement to the land.
                    (C) Compensation.--
                            (i) In general.--If the Secretary 
                        determines that, for an exchange under 
                        paragraph (1), the value of the public land is 
                        greater than the value of the fee land, the 
                        Secretary may accept from the owner of the 
                        right to fee land such compensation as the 
                        Secretary determines to be necessary to 
                        compensate for the difference in value.
                            (ii) Deposit.--The Secretary shall deposit 
                        into the general fund of the Treasury any 
                        compensation received under clause (i).
    (e) Indemnification.--The United States shall indemnify, defend, 
and hold harmless the Fort Belknap Indian Community against any 
liability, damage, loss, claim, demand, action, or expense that arises 
as a result of a transfer of land under this section, including claims 
and reasonable attorneys fees that arise in connection with--
            (1) any act of gross negligence, error, or omission, or any 
        willful misconduct or other fault, by the United States in 
        carrying out any activity to clean up and rehabilitate the land 
        mined or disturbed by the Landusky and Zortman Mines;
            (2) any failure by the United States to comply with any law 
        (including regulations) of a public or quasi-public authority 
        with jurisdiction over the cleanup and rehabilitation described 
        in paragraph (1); or
            (3) any breach of an obligation of the United States.
    (f) Impacts on Local Governments.--The Secretary may, at the 
discretion of the Secretary, try to ensure that land to be exchanged 
under this section is selected in a manner that minimizes the financial 
impact of the exchange on local governments.
    (g) Water Rights.--
            (1) Acquisition.--Beginning on the date of the applicable 
        transfer of land to the United States to be held in trust for 
        the Fort Belknap Indian Community under this section, if any 
        Federal, State, or fee land transferred under this section is 
        subject to a water right in existence on the date of the 
        transfer, the Fort Belknap Indian Community shall be the 
        successor in interest with respect to the water right, in 
        accordance with the terms and conditions that applied to the 
        predecessor in interest.
            (2) No reserved water rights.--No land transferred under 
        this section shall be the basis for any claim by the Fort 
        Belknap Indian Community to any new, additional, or 
        supplemental Federal reserved water right.
    (h) Transfer of Title.--Title to all land acquired by the United 
States under this section shall be transferred, subject to applicable 
laws (including regulations), without charge, to the United States, to 
be held in trust for the Fort Belknap Indian Community, pursuant to 
such method of conveyance as the Secretary determines to be necessary.
    (i) Jurisdiction of Grinnell Land.--
            (1) In general.--Notwithstanding any other provision of 
        Federal law, the Fort Belknap Indian Community Council shall 
        have jurisdiction over hunting and fishing and natural resource 
        management on the Grinnell land described in subsection 
        (b)(3)(C) on the date on which the conditions described in 
        paragraph (2) are met.
            (2) Conditions.--The conditions referred to in paragraph 
        (1) are that the Fort Belknap Indian Community Council shall 
        adopt--
                    (A) hunting and fishing regulations that grant 
                nontribal members equivalent rights and privileges to 
                those that nontribal members enjoy under the hunting 
                and fishing laws (including regulations) of the State, 
                as in effect on the date of enactment of this Act, 
                including rights relating to permit fees and bag 
                limits; and
                    (B) public recreational access regulations that 
                grant nontribal members equivalent rights of access for 
                recreational purposes that nontribal members enjoy 
                under Federal law (including regulations), as in effect 
                on the as of the date of enactment of this act.
            (3) Amendments.--All regulations promulgated by the Fort 
        Belknap Indian Community Council under this subsection shall be 
        approved by the Secretary after providing the State with notice 
        and an opportunity to comment.
            (4) Notification after federal or state amendment.--
                    (A) In general.--If the Federal or State hunting 
                and fishing or recreational access laws (including 
                regulations) are amended after the date on which 
                jurisdiction over those laws on the Grinnell land is 
                transferred to the Fort Belknap Indian Community 
                Council under this subsection, the head of the 
                appropriate Federal or State agency, as applicable, 
                shall promptly notify the Fort Belknap Indian Community 
                Council of the amendment.
                    (B) Response.--
                            (i) In general.--Not later than 60 days 
                        after the date on which notification is 
                        provided to the Fort Belknap Indian Community 
                        Council under subparagraph (A), the Fort 
                        Belknap Indian Community Council shall amend, 
                        subject to approval by the Secretary, the 
                        regulations of the Fort Belknap Indian 
                        Community Council to comply with the amended 
                        law.
                            (ii) Failure to respond.--If the Fort 
                        Belknap Indian Community Council fails to 
                        comply with clause (i), regulatory jurisdiction 
                        shall revert to the United States under 
                        paragraph (1) until--
                                    (I) such time as the regulations of 
                                the Fort Belknap Indian Community 
                                comply with the amended Federal or 
                                State law (including regulations); and
                                    (II) the date that is not more than 
                                25 years after the date of enactment of 
                                this Act.
            (5) Regulation by fort belknap indian community council.--
        Notwithstanding any other provision of law, on the date that is 
        25 years after the date of enactment of this Act, the Fort 
        Belknap Indian Community Council, subject to approval by the 
        Secretary, shall be free to regulate the Grinnell land 
        according to tribal law.

SEC. 7. LAKE ELWELL.

    (a) Allocation of Water to Fort Belknap Indian Community.--
            (1) In general.--Notwithstanding any other law, the 
        Secretary shall permanently allocate to the Fort Belknap Indian 
        Community, 20,000 acre-feet per year of stored water from the 
        water rights of the Bureau of Reclamation in Lake Elwell (Tiber 
        Reservoir), Lower Marias Unit, Upper Missouri Division, Pick-
        Sloan Missouri River Basin Program, Montana, measured--
                    (A) at the outlet works of the dam; or
                    (B) at the diversion point from the reservoir.
            (2) Agreement.--The Secretary shall offer to enter into an 
        agreement with the Fort Belknap Indian Community--
                    (A) to establish a procedure for the allocation 
                under paragraph (1); and
                    (B) to provide for use or transfer by the Fort 
                Belknap Indian Community of water stored in Lake 
                Elwell.
            (3) Requirements.--
                    (A) No increase.--The annual allocation under 
                paragraph (1) shall not be increased by year-to-year 
                carry-over storage.
                    (B) Effective date.--The initial allocation under 
                paragraph (1) shall take effect on the date on which 
                the decree described in section 4(c) is approved by the 
                applicable court.
                    (C) Priority date.--The priority date for the 
                allocation under paragraph (1) shall be the date 
                decreed by the applicable court under section 4(c) for 
                the water rights of the Bureau of Reclamation for water 
                stored in Lake Elwell.
                    (D) Term.--The agreement shall be without limit as 
                to term.
                    (E) Costs.--
                            (i) In general.--The Fort Belknap Indian 
                        Community shall not be required to pay--
                                    (I) water service capital charges 
                                for any water allocated to the Fort 
                                Belknap Indian Community under this Act 
                                and the agreement, regardless of 
                                whether that water is delivered--
                                            (aa) for use by the Fort 
                                        Belknap Indian Community; or
                                            (bb) under any lease, 
                                        contract, or agreement the Fort 
                                        Belknap Indian Community may 
                                        enter into; and
                                    (II) an amount to the United States 
                                for any water allocated to the Fort 
                                Belknap Indian Community under this Act 
                                and the agreement, except for each 
                                acre-foot of stored water leased or 
                                sold for industrial purposes.
                            (ii) Other payments.--For each acre-foot of 
                        stored water leased or sold by the Fort Belknap 
                        Indian Community for industrial purposes, the 
                        Fort Belknap Indian Community shall pay 
                        annually to the United States an amount to 
                        cover the proportionate share of the annual 
                        operation, maintenance, and replacement costs 
                        for the Lake Elwell storage allocable to the 
                        amount of water for industrial purposes leased 
                        or sold by the Fort Belknap Indian Community.
                            (iii) Review.--The annual payments of the 
                        Fort Belknap Indian Community shall be reviewed 
                        and adjusted, as appropriate, to reflect the 
                        actual operation, maintenance, and replacement 
                        costs for the Lake Elwell storage facility.
            (4) Treatment as component of tribal water rights.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each annual allocation under this subsection shall 
                be--
                            (i) treated as a component of the tribal 
                        water rights; and
                            (ii) administered in accordance with this 
                        Act and the Compact.
                    (B) Exception.--Notwithstanding subparagraph 
                (A)(ii), article IV(A)(5)(b)(1)-(3) of the Compact 
                shall not apply to the annual allocations under this 
                subsection, except to the extent that the article 
                pertains to the use of water being limited to a place 
                of use within the Missouri River Basin.
            (5) Effect of subsection.--Nothing in this subsection 
        alters or diminishes the allocation from Lake Elwell to the 
        Chippewa Cree Tribe pursuant to the Chippewa Cree Tribe of the 
        Rocky Boy's Reservation Indian Reserved Water Rights Settlement 
        and Water Supply Enhancement Act of 1999 (Public Law 106-163; 
        113 Stat 1778).
    (b) Use and Temporary Transfer of Allocation.--
            (1) In general.--On approval of the Secretary, subject to 
        the Compact and this Act, the Fort Belknap Indian Community may 
        use water allocated by this section for any purpose, including 
        agricultural, municipal, commercial, industrial, mining, or 
        recreational purposes, on or off the Reservation.
            (2) Agreements by the fort belknap indian community.--The 
        Fort Belknap Indian Community may use, lease, contract, 
        exchange, or enter into other agreements for use of the water 
        allocated to the Fort Belknap Indian Community under subsection 
        (a)(1) if--
                    (A) the use of water that is the subject of such an 
                agreement occurs within the Missouri River Basin; and
                    (B) the agreement does not permanently alienate any 
                water allocated to the Fort Belknap Indian Community 
                under subsection (a)(1).
    (c) Water Transport Obligation; Development and Delivery Costs.--
            (1) Water transport obligation.--
                    (A) In general.--The Secretary shall provide 
                assistance with the planning, design, and construction 
                of the--
                            (i) Fort Belknap water supply 
                        infrastructure;
                            (ii) Fort Belknap Indian Irrigation 
                        Rehabilitation Project;
                            (iii) restoration of historic irrigation 
                        projects within the boundaries of the 
                        Reservation; and
                            (iv) environmental compliance in the 
                        development and construction of all projects 
                        under this Act.
                    (B) Obligation to provide facility for the 
                transport to reservation.--Except as otherwise provided 
                in this Act, the United States shall have no obligation 
                under this Act to provide any facility for the 
                transport to the Reservation or any other location of 
                the water allocated under this section to the Fort 
                Belknap Indian Community related to the release of 
                tribal water rights from Lake Elwell Dam and Reservoir 
                in accordance with a request from the Fort Belknap 
                Indian Community.
            (2) Development and delivery costs.--Except for the use of 
        any part of the Federal contributions under section 8, the 
        United States is not required to pay the cost of developing or 
        delivering to the Reservation any water allocated under this 
        subsection.
            (3) Authorization of studies.--
                    (A) In general.--The Secretary, in consultation 
                with the Fort Belknap Indian Community and the State, 
                shall carry out 1 or more studies--
                            (i) to determine the feasibility and design 
                        of a water supply and wastewater treatment 
                        system for the Fort Belknap Indian Community; 
                        and
                            (ii) to determine the environmental impact 
                        and ensure environmental compliance in the 
                        development and construction of projects under 
                        this Act if the projects are associated with, 
                        affected by, or located within the same river 
                        basin as a Federal reclamation project that is 
                        in existence on the date of enactment of this 
                        Act.
                    (B) Cooperative agreement with the state and the 
                fort belknap indian community.--The Secretary may enter 
                into 1 or more cooperative agreements with the State 
                and the Fort Belknap Indian Community to carry out any 
                study described in subparagraph (A) if the Secretary 
                determines that the 1 or more cooperative agreements 
                would be cost-effective and efficient.
                    (C) Reclamation laws.--No activity carried out 
                under this Act shall be considered to be a 
                supplemental, additional, or new benefit under the 
                reclamation laws, including the Reclamation Reform Act 
                of 1982 (43 U.S.C. 390aa et seq.).
    (d) Section Not Precedential.--The provisions of this section 
regarding the allocation of water resources from Lake Elwell to the 
Fort Belknap Indian Community shall not be construed as precedent in 
the litigation or settlement of any other Indian water rights claim.

SEC. 8. MILK RIVER PROJECT.

    (a) Milk River Project Modifications.--
            (1) Procedures.--
                    (A) In general.--The Commissioner of Reclamation, 
                in consultation with the Assistant Secretary for Indian 
                Affairs, the Fort Belknap Indian Community, the Joint 
                Board, and other affected stakeholders, shall modify 
                the operating procedures of the Milk River Project as 
                the Commissioner determines to be necessary to ensure 
                that the Fresno Reservoir is operated in accordance 
                with article III.A.2 and article IV.E of the Compact.
                    (B) 1946 fresno reservoir agreement.--
                            (i) In general.--The Commissioner shall 
                        carry out such actions as the Commissioner 
                        determines to be necessary to provide a more 
                        equitable accounting of the \1/7\ share of the 
                        Fort Belknap Indian Community to the Fresno 
                        Reservoir total quantity of stored water 
                        available for use during each irrigation season 
                        from the waters of the Milk River and 
                        tributaries of the Milk River, that are 
                        impounded and stored in the Fresno Reservoir 
                        under the agreement between the Commissioner 
                        and the Bureau of Indian Affairs relating to 
                        the Milk River Project, numbered I-1-Ind. 
                        18725, and dated July 8, 1946, taking into 
                        consideration, and fully accounting for--
                                    (I) the right of the Fort Belknap 
                                Indian Community under the Winters 
                                decision to 645 cfs of water; and
                                    (II) the tribal water rights.
                            (ii) Downstream release.--Any water stored 
                        on behalf of the Fort Belknap Indian Community 
                        in the Fresno Reservoir that is available at 
                        the end of each irrigation season shall be 
                        released downstream for storage by the Fort 
                        Belknap Indian Community in the Fort Belknap 
                        Reservoir.
                            (iii) Amendments.--The Commissioner and the 
                        Assistant Secretary for Indian Affairs may 
                        jointly amend the agreement referred to in 
                        clause (i) as the Commissioner and the 
                        Assistant Secretary determine to be necessary 
                        to provide for an equitable accounting of the 
                        share of the Fort Belknap Indian Community 
                        described in clause (i).
            (2) Facilities.--The Secretary may make such modifications 
        to the federally owned facilities of the Milk River Project as 
        the Secretary determines to be necessary to satisfy the 
        applicable mitigation requirements of the Compact.
    (b) Milk River Coordinating Committee.--
            (1) In general.--The Secretary, acting through the 
        Commissioner, the Director of the Bureau of Indian Affairs, the 
        Director of the United States Geological Survey, the Director 
        of the United States Fish and Wildlife Service, and the 
        Director of the Bureau of Land Management, may participate in 
        the Milk River Coordinating Committee pursuant to article IV.C 
        of the Compact.
            (2) Inapplicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the Milk River Coordinating Committee.
            (3) Technical support.--The Secretary may--
                    (A) maintain a publicly accessible database of 
                diversions from the Milk River made--
                            (i) pursuant to the Milk River Project;
                            (ii) under applicable contracts; and
                            (iii) by the Fort Belknap Indian Community; 
                        and
                    (B) provide such other technical support as the 
                Milk River Coordinating Committee may request, 
                including the maintenance of gages necessary to account 
                for daily diversions from the Milk River.
            (4) Coordination of storage and release.--Notwithstanding 
        Article IV.C.11 of the Compact, the Secretary (acting through 
        the Commissioner), and in consultation with the Milk River 
        Coordinating Committee, may develop an accounting for the 
        coordination of storage and release of water from Federal 
        storage facilities within the federally owned portion of the 
        Milk River Basin.
    (c) Milk River Project Mitigation.--
            (1) In general.--The State, in consultation with the 
        Secretary, the Fort Belknap Indian Community, the Joint Board, 
        and other affected stakeholders, shall use funds made available 
        under subsections (d) and (e) to provide grants for projects 
        for mitigation of the Milk River Project in accordance with--
                    (A) article VI.B of the Compact; and
                    (B) this Act.
            (2) Application.--To be eligible to receive a grant under 
        this subsection, the owner or operator of a project described 
        in paragraph (1) shall submit to the State an application at 
        such time, in such manner, and containing such information as 
        the State may require.
            (3) Delegation by state.--The State may delegate any 
        portion of the responsibility of the State under this 
        subsection to any entity organized in accordance with 
        applicable Federal and State laws.
            (4) Compliance with nepa.--The Secretary shall ensure that 
        each project that receives Federal funds under this subsection 
        is carried out in accordance with the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) State Contributions.--
            (1) In general.--The Secretary shall treat as a State 
        contribution to mitigation of the Milk River Project--
                    (A) the difference between--
                            (i) the amount authorized by the bill of 
                        the Montana House of Representatives numbered 
                        540 of the 59th Session (2005); and
                            (ii) the $5,000,000 requested from the 
                        State under section (11)(i); and
                    (B) any other funds allocated or previously 
                expended by the State to carry out activities under 
                subsection (a).
            (2) Additional contributions.--The Secretary shall request 
        that the State provide, in addition to the amounts described in 
        paragraph (1)--
                    (A) $3,500,000 for purposes of mitigation and 
                watershed improvement activities described in the 
                Compact; and
                    (B) an amount equal to $4,000,000 of in-kind 
                contributions for technical, modeling, and other 
                services for purposes of identifying, supporting, and 
                enhancing water use and management in the Milk River 
                Basin.
            (3) Treatment of contributions.--A contribution by the 
        State under this subsection shall be considered to fulfill the 
        obligation of the State under article VI.B of the Compact.
            (4) Expenditure of funds.--Subject to applicable State law, 
        amounts provided by the State under this subsection may be 
        expended at any time after the date on which funds are 
        provided.
            (5) Report.--Not less frequently than once each year, the 
        Secretary shall request that the State submit to the Fort 
        Belknap Indian Community an accounting of any funds expended by 
        the State under this subsection during the preceding calendar 
        year.
    (e) Federal Contributions.--
            (1) State trust account.--The Secretary shall establish a 
        trust account for the State, consisting of amounts made 
        available by the Secretary to carry out the mitigation and 
        watershed improvement activities described in the Compact.
            (2) Transfer.--Not later than 60 days after the date on 
        which funds are appropriated pursuant to paragraph (4), the 
        Secretary shall transfer the funds, at no charge to the State, 
        to the State trust account established under paragraph (1).
            (3) Allocations.--
                    (A) Interest.--The State may expend the interest 
                accruing on amounts in the State trust account under 
                paragraph (1) as the State determines to be appropriate 
                to fulfill the purposes of the Compact.
                    (B) Principal.--The State shall not expend the 
                principal amount in the State trust account until--
                            (i) the Fort Belknap Indian Community has 
                        developed, or is in the process of developing, 
                        the tribal water rights in accordance with the 
                        Compact and this Act; and
                            (ii) the State, in consultation with the 
                        Secretary, determines that a proposed 
                        expenditure of the principal amount is 
                        necessary to satisfy mitigation or watershed 
                        improvement obligations under the Compact.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $5,000,000 for each of fiscal years 2012 through 
        2015.

SEC. 9. SETTLEMENT IN SATISFACTION OF CLAIMS.

    (a) In General.--The benefits provided under this Act shall be 
considered to fully satisfy any claim of the Fort Belknap Indian 
Community against the United States that is waived and released by the 
Fort Belknap Indian Community under subsection (a)(1) and (b) of 
section 10.
    (b) Allottees.--The benefits realized by the allottees under this 
Act shall fully satisfy--
            (1) all claims waived and released by the United States 
        (acting as trustee for the allottees) under section 10(a)(2); 
        and
            (2) any claims of the allottees against the United States 
        that are similar to the claims described in section 10(b).
    (c) No Recognition of Water Rights.--Notwithstanding subsections 
(a) and (b) and except as provided in section 5, nothing in this Act 
recognizes or establishes any right of a member of the Fort Belknap 
Indian Community or an allottee to water in the Reservation.

SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

    (a) Claims for Water Rights in the State and Reservation.--Subject 
to subsection (e), in return for recognition of the tribal water rights 
and other benefits provided under the Compact and this Act--
            (1) the Fort Belknap Indian Community and the United States 
        (acting as trustee for the Fort Belknap Indian Community) shall 
        execute a waiver and release of all claims for water rights 
        within the State that the Fort Belknap Indian Community or the 
        United States (acting as trustee for the Fort Belknap 
        Community), has asserted or could have asserted, in any 
        proceeding, before or on the enforceability date, except to the 
        extent that those rights are recognized in the Compact or this 
        Act; and
            (2) the United States (acting as trustee for allottees) 
        shall execute a waiver and release of all claims for water 
        rights within the Reservation that the United States (acting as 
        trustee for the allottees) has asserted or could have asserted, 
        in any proceeding, before or on the enforceability date, except 
        to the extent that those rights are recognized in the Compact 
        or this Act.
    (b) Waiver and Release of Claims Against the United States.--
            (1) In general.--Subject to subsection (e), the Fort 
        Belknap Indian Community may execute a waiver and release of 
        all claims described in paragraph (2) against the United States 
        (including an agency or employee of the United States).
            (2) Description of claims.--The claims referred to in 
        paragraph (1) are--
                    (A) any claim for water rights within the State 
                that the United States (acting as trustee for the Fort 
                Belknap Indian Community) asserted, or could have 
                asserted, in any proceeding, except to the extent that 
                those rights are recognized as the tribal water rights 
                in this Act;
                    (B) any claim relating to a damage to, loss of, or 
                injury to water, water rights, land, or natural 
                resources due to the loss of water or water rights in 
                the State that first accrued before or on the 
                enforceability date, including claims relating to--
                            (i) damage, loss, or injury to hunting, 
                        fishing, gathering, or cultural rights due to 
                        the loss of water or water rights;
                            (ii) interference with, diversion or taking 
                        of water; or
                            (iii) the failure to protect, acquire, 
                        replace, or develop water, water rights, or 
                        water infrastructure;
                    (C) any pending litigation in the State relating to 
                the water rights of the Fort Belknap Indian Community; 
                and
                    (D) any claim arising from the negotiation, 
                execution, or the adoption of--
                            (i) the Compact; or
                            (ii) this Act.
    (c) Effectiveness of Waivers and Releases.--The waivers under 
subsections (a) and (b) shall take effect on the enforceability date.
    (d) Enforceability Date.--
            (1) In general.--The enforceability date shall be the date 
        on which the Secretary publishes in the Federal Register a 
        statement of findings that--
                    (A) the Fort Belknap Indian Community Council has 
                approved the Compact by submitting this Act and the 
                Compact to a vote by the tribal membership for approval 
                or disapproval;
                    (B) the membership of the Fort Belknap Indian 
                Community has ratified the Compact and this Act, in 
                accordance with section 4(b);
                    (C)(i) the Montana Water Court has issued a final 
                judgment and decree approving the Compact; or
                    (ii) if the Montana Water Court is found to lack 
                jurisdiction--
                            (I) the United States district court of 
                        jurisdiction has approved the Compact as a 
                        consent decree; and
                            (II) the approval under subclause (I) is 
                        considered to be final;
                    (D)(i) all of the funds made available under 
                section 11 have been deposited in the accounts 
                identified in section 11(c); and
                    (ii) the transfer of land under section 6 has been 
                completed;
                    (E) the Secretary has executed the agreements with 
                the Fort Belknap Indian Community as required under 
                this Act;
                    (F) the State has appropriated and paid the funds 
                relating to Peoples Creek Reservoir in accordance with 
                section 11(i); and
                    (G) the waivers and releases under subsections (a) 
                and (b) have been executed by the Fort Belknap Indian 
                Community and the Secretary.
    (e) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized under this section, the Fort 
Belknap Indian Community and the United States (acting as trustee for 
the Fort Belknap Indian Community and the allottees) retain--
            (1) all claims for enforcement of the Compact, settlement 
        agreement, the final decree, or this Act, through any legal and 
        equitable remedies that may be available in the appropriate 
        Federal or State court;
            (2) all rights to use and protect water rights acquired 
        after the date of enactment of this Act;
            (3) all claims relating to activities affecting the quality 
        of water, including any claims the Fort Belknap Indian 
        Community might have under--
                    (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.); or
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et. seq.);
            (4) all claims arising under section 12(k) relating to the 
        enforcement of any Federal, State, or tribal law (including 
        common law); and
            (5) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released under this Act.
    (f) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the 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 limitations or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
    (g) Expiration and Tolling.--If all appropriations authorized by 
this Act have not been made available to the Secretary by June 30, 
2042--
            (1) the waivers authorized in this section shall--
                    (A) expire; and
                    (B) be of no force or effect; and
            (2) all statutes of limitations applicable to any claim 
        otherwise waived shall be tolled until June 30, 2042.

SEC. 11. FORT BELKNAP INDIAN COMMUNITY SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury a fund, to 
be known as the ``Fort Belknap Indian Community Settlement Fund'', to 
be administered by the Secretary for the uses described in subsection 
(c) and any activities necessary to comply with Federal environmental 
and cultural resource laws.
    (b) Transfers to Fund.--The Fund shall consist of such amounts as 
are deposited in the Fund under subsection (j).
    (c) Accounts of the Fort Belknap Indian Community Settlement 
Fund.--The Secretary shall establish in the Fund--
            (1) the Fort Belknap Indian Community Tribal Land and Water 
        Rehabilitation, Modernization, and Expansion account, from 
        which principal and interest may be used to pay or reimburse 
        costs incurred by the United States, the State, and the Fort 
        Belknap Indian Community for activities relating to--
                    (A) exchanging, transferring, or acquiring land;
                    (B) rehabilitating or otherwise improving existing 
                and historically irrigated land or projects;
                    (C) agricultural development;
                    (D) cultural preservation;
                    (E) water resources development; and
                    (F) other land- and water-related projects;
            (2) the Fort Belknap Indian Community Water Resources and 
        Water Rights Administration, Operation, and Maintenance 
        account, from which only interest earned may be used to pay--
                    (A) the costs of administering the tribal water 
                rights, including through--
                            (i) the development or enactment of a 
                        Tribal Water Code;
                            (ii) the establishment by the Fort Belknap 
                        Indian Community of a water resources 
                        department; and
                            (iii) the operation by that water resources 
                        department (or successor agency); and
                    (B) the annual operation and maintenance costs for 
                tribal and allotted water resources projects, including 
                the share of the Fort Belknap Indian Community of 
                operating and maintaining the Fresno Reservoir;
            (3) the Fort Belknap Indian Community Tribal Economic 
        Development account, from which principal and interest may be 
        used by the Fort Belknap Indian Community to pay the costs for 
        any activity the Fort Belknap Indian Community determines to be 
        necessary to further the economic development of the Fort 
        Belknap Indian Community; and
            (4) the Fort Belknap Indian Community Water and Wastewater 
        Rehabilitation and Expansion account, from the which principal 
        and interest may be used by the Fort Belknap Indian Community 
        to pay the costs for--
                    (A) preparation of a feasibility study and design 
                of a water supply and sewer treatment system for the 
                Fort Belknap Indian Community;
                    (B) the planning, design, and construction of a 
                domestic water supply system and related facilities for 
                tribal communities;
                    (C) the planning, design, and construction of a 
                wastewater treatment system and related facilities for 
                tribal communities; and
                    (D) environmental compliance in the development and 
                construction of projects under this Act.
    (d) Management of Fund.--
            (1) In general.--The Secretary shall manage the Fund, 
        including investing and making amounts available from the Fund 
        for distribution to the Fort Belknap Indian Community 
        consistent with--
                    (A) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.);
                    (B) this Act; and
                    (C) the Compact.
            (2) Investment of fort belknap community settlement fund 
        accounts.--The Secretary shall invest amounts in the Fund 
        accounts described in subsection (c) in accordance with--
                    (A) the Act of April 1, 1880 (25 U.S.C. 161);
                    (B) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a); and
                    (C) the obligations of Federal corporations and 
                Federal Government-sponsored entities, the charter 
                documents of which provide that the obligations of the 
                entities are lawful investments for Federally managed 
                funds, including--
                            (i) the obligations of the United States 
                        Postal Service described in section 2005 of 
                        title 39, United States Code;
                            (ii) bonds and other obligations of the 
                        Tennessee Valley Authority described in section 
                        15d of the Tennessee Valley Authority Act of 
                        1933 (16 U.S.C. 831n-4);
                            (iii) mortgages, obligations, and other 
                        securities of the Federal Home Loan Mortgage 
                        Corporation described in section 303 of the 
                        Federal Home Loan Mortgage Corporation Act (12 
                        U.S.C. 1452); and
                            (iv) bonds, notes, and debentures of the 
                        Commodity Credit Corporation described in 
                        section 4 of the Act of March 8, 1938 (15 
                        U.S.C. 713a-4).
    (e) Availability of Amounts.--
            (1) In general.--
                    (A) Funding.--Except as provided in paragraph (2), 
                the amounts made available under this section shall be 
                available for expenditure or withdrawal by the Fort 
                Belknap Indian Community without fiscal year limitation 
                beginning on the enforceability date.
                    (B) Other funding.--In addition to funding 
                specifically made available under this Act, if the 
                Secretary determines that, for a given fiscal, a 
                sufficient amount of funding has not been made 
                available through annual appropriations, the Secretary 
                shall expend from the Reclamation Water Settlements 
                Fund established under section 10501 of the Omnibus 
                Public Land Management Act of 2009 (43 U.S.C. 407) such 
                amounts as are necessary to pay the Federal share of 
                the costs associated with the Fund.
            (2) Exception.--The amounts made available under 
        subsections (c)(2) and (j)(2) shall be available for withdrawal 
        by the Fort Belknap Indian Community beginning on the date on 
        which the Fort Belknap Indian Community approves the Compact as 
        provided in section 4(b).
    (f) Expenditures and Withdrawals.--
            (1) Tribal management plan.--
                    (A) In general.--The Fort Belknap Indian Community 
                may withdraw any portion of amounts in the Fund on 
                approval by the Secretary of a tribal management plan 
                in accordance with the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                    (B) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
                management plan of the Fort Belknap Indian Community 
                under subparagraph (A) shall require that the Fort 
                Belknap Indian Community spend any amounts withdrawn 
                from the Fund in accordance with the purposes of this 
                Act.
                    (C) Enforcement.--The Secretary may take such 
                judicial and administrative actions as the Secretary 
                determines to be necessary--
                            (i) to enforce the tribal management plan 
                        of the Fort Belknap Indian Community; and
                            (ii) to ensure that amounts withdrawn from 
                        the Fund under the plan are used in accordance 
                        with this Act and the Compact.
                    (D) Liability.--The Secretary and the Secretary of 
                the Treasury shall not be liable for the expenditure or 
                investment of amounts withdrawn from a Fund by the Fort 
                Belknap Indian Community under this subsection.
            (2) Expenditure plan.--
                    (A) In general.--The Fort Belknap Indian Community 
                shall submit to the Secretary for approval an 
                expenditure plan for any portion of the amounts made 
                available under this section that the Fort Belknap 
                Indian Community does not withdraw to carry out this 
                Act.
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, amounts remaining in the Funds will be used.
                    (C) Approval.--The Secretary shall approve an 
                expenditure plan submitted under subparagraph (A) if 
                the Secretary determines that the plan is reasonable 
                and in accordance with this Act and the Compact.
            (3) Return of funds to treasury.--If the Compact or the 
        approval by this Act of the Compact becomes void under section 
        4(c), all unexpended funds made available to carry out this Act 
        (including all interest earned on the funds) shall revert to 
        the general fund of the Treasury not later than 1 year after 
        the expiration of the deadline described in section 4(d).
    (g) Annual Report.--For each Fund, the Fort Belknap Indian 
Community shall submit to the Secretary an annual report that describes 
all expenditures from the Fund during the preceding year.
    (h) No Per Capita Payments.--No principal or interest amount in any 
account established by this Act shall be distributed to any member of 
the Fort Belknap Indian Community on a per capita basis.
    (i) Peoples Creek Reservoir.--To contribute to the cost of design 
and construction of the Peoples Creek Reservoir, the Secretary shall 
request that the State pay to the general fund of the Treasury 
$5,000,000, to be deposited to the credit of the Fund established by 
subsection (c)(1).
    (j) Authorization of Appropriations.--
            (1) Fort belknap indian community tribal land and water, 
        rehabilitation, modernization, and expansion account.--
                    (A) Mandatory appropriations.--Out of any funds in 
                the Treasury not otherwise appropriated, the Secretary 
                of the Treasury shall deposit in the Fort Belknap 
                Indian Community Tribal Land and Water, Rehabilitation, 
                Modernization, and Expansion account $134,478,400, 
                adjusted to reflect changes since February 1, 2012, in 
                construction cost indices applicable to the types of 
                construction involved in the activities described in 
                subsection (c)(1).
                    (B) Authorization of appropriations.--In addition 
                to amounts made available under subparagraph (A), there 
                is authorized to be appropriated for deposit in the 
                Fort Belknap Indian Community Tribal Land and Water, 
                Rehabilitation, Modernization, and Expansion account 
                $105,661,600, adjusted to reflect changes since 
                February 1, 2012, in construction cost indices 
                applicable to the types of construction involved in the 
                activities described in subsection (c)(1).
            (2) Belknap indian community water resources and water 
        rights administration, operation, and maintenance account.--
                    (A) Mandatory appropriations.--Out of any funds in 
                the Treasury not otherwise appropriated, the Secretary 
                of the Treasury shall deposit in the Belknap Indian 
                Community Water Resources and Water Rights 
                Administration, Operation, and Maintenance account 
                $31,186,500, adjusted to reflect changes since February 
                1, 2012, in construction cost indices applicable to the 
                types of construction involved in the activities 
                described in subsection (c)(2).
                    (B) Authorization of appropriations.--In addition 
                to amounts made available under subparagraph (A1), 
                there is authorized to be appropriated for deposit in 
                the Belknap Indian Community Water Resources and Water 
                Rights Administration, Operation, and Maintenance 
                account $29,963,500, adjusted to reflect changes since 
                February 1, 2012, in construction cost indices 
                applicable to the types of construction involved in the 
                activities described in subsection (c)(2).
            (3) Fort belknap indian community tribal economic 
        development account.--
                    (A) Mandatory appropriations.--Out of any funds in 
                the Treasury not otherwise appropriated, the Secretary 
                of the Treasury shall deposit in the Fort Belknap 
                Indian Community Tribal Economic Development account 
                $55,187,000, adjusted to reflect changes since October 
                1, 2011, in construction cost indices applicable to the 
                types of construction involved in the activities 
                described in subsection (c)(3).
                    (B) Authorization of appropriations.--In addition 
                to amounts made available under subparagraph (A), there 
                is authorized to be appropriated for deposit in the 
                Fort Belknap Indian Community Tribal Economic 
                Development account $45,153,000, adjusted to reflect 
                changes since October 1, 2011, in construction cost 
                indices applicable to the types of construction 
                involved in the activities described in subsection 
                (c)(3).
            (4) Fort belknap indian community water and wastewater 
        rehabilitation and expansion account.--
                    (A) Mandatory appropriations.--Out of any funds in 
                the Treasury not otherwise appropriated, the Secretary 
                of the Treasury shall deposit in the Fort Belknap 
                Indian Community Water and Wastewater Rehabilitation 
                and Expansion account $69,036,800, adjusted to reflect 
                changes since October 1, 2011, in construction cost 
                indices applicable to the types of construction 
                involved in the activities described in subsection 
                (c)(4).
                    (B) Authorization of appropriations.--In addition 
                to amounts made available under subparagraph (A), there 
                is authorized to be appropriated for deposit in the 
                Fort Belknap Indian Community Water and Wastewater 
                Rehabilitation and Expansion account $54,243,200, 
                adjusted to reflect changes since October 1, 2011, in 
                construction cost indices applicable to the types of 
                construction involved in the activities described in 
                subsection (c)(4).
            (5) Montana mitigation fund.--There is authorized to be 
        appropriated to the State for the establishment of the Montana 
        Mitigation Fund $21,000,000 for fiscal year 2013.
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to the Commissioner to carry out improvement 
        activities under this Act $1,100,000 for fiscal year 2013.
    (k) Restriction.--Any amounts made available under this section 
shall be nonreimbursable.

SEC. 12. ADMINISTRATION.

    (a) Elimination of Debts or Liens Against Allotments of the Fort 
Belknap Indian Community Members.--The Secretary shall cancel and 
eliminate all debts or liens against the allotments of land held by the 
Fort Belknap Indian Community and the members of the Fort Belknap 
Indian Community due to construction assessments, annual operation and 
maintenance charges, and any other charge that may have been levied 
relating to irrigation projects of the Department of the Interior for 
the Fort Belknap Indian Community.
    (b) Applicability.--Nothing in this Act--
            (1) affects the authority of the Fort Belknap Indian 
        Community to enforce the laws of the Fort Belknap Indian 
        Community with respect to environmental protections;
            (2) affects, alters, or amends Federal law (including 
        regulations), including--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.); and
                    (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
            (3) affects the authority of the United States to take 
        actions acting 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 
                other parties pursuant to Federal law regarding health, 
                safety, or the environment; or
                    (C) to conduct judicial review of a Federal agency 
                action; or
            (5) waives any claim of a member of the Fort Belknap Indian 
        Community that does not derive from a right of the Fort Belknap 
        Indian Community.
    (c) Waiver of Sovereign Immunity by the United States.--Except as 
provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
in this Act waives the sovereign immunity of the United States.
    (d) Execution of Compact.--The execution of the Compact by the 
Secretary under section 4(b) shall not constitute a major Federal 
action under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).
    (e) Environmental Compliance.--In carrying out the Compact, the 
Secretary shall comply with--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
            (3) all other applicable environmental laws (including 
        regulations).
    (f) Additional Funding.--Nothing in this Act prohibits the Fort 
Belknap Indian Community from seeking--
            (1) additional funds for tribal programs or purposes; or
            (2) funding from the United States or the State based on 
        the status of the Fort Belknap Indian Community as an Indian 
        tribe.
    (g) Rights Under State Law.--Except as provided in section 1 of 
article III of the Compact (relating to the closing of certain water 
basins in the State to new appropriations in accordance with the laws 
of the State), nothing in this Act or the Compact precludes the 
acquisition or exercise of a Right Arising Under State Law (as defined 
in section 6 of article II of the Compact) to the use of water by the 
Fort Belknap Indian Community, or a member or allottee of the Fort 
Belknap Indian Community, outside the Reservation by--
            (1) purchase of the right; or
            (2) submitting to the State an application in accordance 
        with State law.
    (h) Objections in Montana Water Court.--Nothing in this Act or the 
Compact prohibits the Fort Belknap Indian Community, a member of the 
Fort Belknap Indian Community, an allottee, or the United States in any 
capacity from objecting to any claim to a water right filed in any 
general stream adjudication in the Montana Water Court.
    (i) Interference With Tribal Water Rights.--Nothing in this Act or 
the Compact prevents the Fort Belknap Indian Community, a member of the 
Fort Belknap Indian Community, an allottee, or the United States on 
behalf of the Fort Belknap Indian Community, a member of the Fort 
Belknap Indian Community, or an allottee from filing in a court of 
competent jurisdiction an action to prevent any Person or Party (as 
defined in sections 29 and 30 of article II of the Compact) from 
interfering with the enjoyment of the tribal water rights of--
            (1) the Fort Belknap Indian Community;
            (2) a member of the Fort Belknap Indian Community; or
            (3) an allottee.
    (j) Water Storage and Importation.--Nothing in this Act or the 
Compact prevents the Fort Belknap Indian Community from participating 
in any project to import water to, or improve storage in, the Milk 
River Basin.
    (k) Environmental Protection.--
            (1) Definition of little rocky mountains.--In this 
        subsection, the term ``Little Rocky Mountains'' means the 
        mountains that--
                    (A) form the southern boundary of the Reservation; 
                and
                    (B) are sacred and culturally significant to the 
                Fort Belknap Indian Community.
            (2) Protection.--Nothing in the Compact or this Act 
        limits--
                    (A) the authority of the United States, the State, 
                or the Fort Belknap Indian Community to enforce any 
                Federal, State, or tribal law (including common law) 
                relating to the protection of the environment; or
                    (B) any claim of the Fort Belknap Indian Community, 
                a member of the Fort Belknap Indian Community, or an 
                allottee, or of the United States on behalf of the Fort 
                Belknap Indian Community, a member of the Fort Belknap 
                Indian Community, or an allottee, for--
                            (i) damage to water quality caused by 
                        mining activities in the Little Rocky 
                        Mountains; or
                            (ii) depletion in surface flows or 
                        groundwater on the southern end of the 
                        Reservation.
    (l) No Precedent Established.--Nothing in this Act establishes any 
precedent for--
            (1) the litigation of reserved water rights; or
            (2) the interpretation or administration of any compact 
        between the United States and the State or any other State.
    (m) Eligibility for Other Federal Services.--No payment made or 
benefit provided pursuant to this Act shall result in the reduction or 
denial of any Federal service or program to any Indian tribe, or to any 
member of an Indian tribe, to which the Indian tribe or member of the 
Indian tribe is entitled to, or eligible for, because of--
            (1) the status of the Indian tribe as a federally 
        recognized Indian tribe; or
            (2) the status of an individual as an Indian.
    (n) Leases of Allotted Land.--
            (1) Definition of eligible lessor.--In this subsection, the 
        term ``eligible lessor'' means--
                    (A) the Fort Belknap Indian Community; and
                    (B) a tribal farming enterprise or irrigation 
                district approved by the Fort Belknap Community 
                Council.
            (2) Program.--An eligible lessor may enter into a lease or 
        other agreement for the development of the Fort Belknap Indian 
        Irrigation Project or any other irrigation project on the 
        Reservation in the Milk River and Peoples Creek Basins.
            (3) Approval.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Secretary may approve a lease or 
                agreement of an eligible lessor of individually owned 
                allotted land held in trust or restricted status by the 
                United States for the Fort Belknap Indian Community if 
                the Secretary determines that--
                            (i) the owners of a majority of the 
                        undivided interest in the trust or restricted 
                        land consent to the lease or agreement; and
                            (ii) approving the lease or agreement is in 
                        the best interest of the owners of the trust or 
                        restricted land.
                    (B) Effect.--On approval by the Secretary under 
                subparagraph (A), a lease or agreement shall be 
                binding, to the same extent as if all owners of the 
                trust or restricted land involved had consented to the 
                lease or agreement, on--
                            (i) each owner of an undivided interest in 
                        the trust or restricted land subject to the 
                        lease or agreement (including any interest 
                        owned by an Indian tribe); and
                            (ii) each other party to the lease or 
                        agreement.
            (4) Distribution of proceeds.--The proceeds derived from a 
        lease or agreement approved by the Secretary under paragraph 
        (3) shall be distributed to each owner of land subject to the 
        lease or agreement, in proportion to the interest owned by the 
        owner.
            (5) Execution of lease or agreement by secretary.--The 
        Secretary may execute a lease or agreement that affects 
        individually owned trust or restricted land on behalf of an 
        owner of the land if--
                    (A) the owner is--
                            (i) a member of an Indian tribe; and
                            (ii) deceased; and
                    (B)(i) the heirs to, or devisees of, the interest 
                of the owner have not been determined; or
                    (ii) the heirs or devisees referred to in clause 
                (i) have been determined, but 1 or more of the heirs or 
                devisees cannot be located.
            (6) Reserved rights-of-way.--
                    (A) In general.--The United States, acting as 
                trustee for the Fort Belknap Indian Community, shall 
                reserve from the individually owned allotted land 
                rights-of-way on that land for irrigation purposes 
                carried out under this Act and according to the Tribal 
                Water Code.
                    (B) Use.--The rights-of-way retained under 
                subparagraph (A) shall be granted to a tribal farming 
                enterprise or irrigation district if the tribal farming 
                enterprise or irrigation district is--
                            (i) formed for the purpose of irrigation or 
                        drainage; and
                            (ii) approved by the Fort Belknap Community 
                        Council.
                    (C) Compensation for rights-of-way on individually 
                owned allotted lands.--The Fort Belknap Indian 
                Community shall pay just compensation, including 
                severance damages, to the individual owners of allotted 
                land from which rights-of-way are reserved under this 
                paragraph, except that the compensation shall not apply 
                to any lease entered into under this section.
            (7) Public auction or advertised sale not required.--
                    (A) In general.--It shall not be a requirement for 
                the approval or execution of a lease or agreement under 
                this subsection that the lease or agreement be offered 
                for sale through a public auction or advertised sale.
                    (B) Effect on other law.--To the extent provided 
                under subparagraph (A), the Act of March 3, 1909 (35 
                Stat. 781, chapter 263) shall not apply to this 
                subsection.
    (o) Conflict of Provisions.--If any provision of this Act conflicts 
with a provision of the Compact, the provision of this Act shall 
prevail.

SEC. 13. 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 adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this Act in--
            (1) the Reclamation Water Settlements Fund established 
        under section 10501 of the Omnibus Public Land Management Act 
        of 2009 (43 U.S.C. 407); or
            (2) the Emergency Fund for Indian Safety and Health 
        established by section 601(a) of the Tom Lantos and Henry J. 
        Hyde United States Global Leadership Against HIV/AIDS, 
        Tuberculosis, and Malaria Reauthorization Act of 2008 (25 
        U.S.C. 443c(a)).
                                 <all>