1.Short
title; table of contents
(a)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)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.
2.
(a)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)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.
3.In this Act:
(1)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)The
term Commissioner means the Commissioner of Reclamation.
(3)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)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)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 councilThe term Fort Belknap Indian
Community Council means the governing body of the Fort Belknap Indian
Community.
(7)Fort belknap
indian communityThe 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)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)The
term Fund
means the Fort Belknap Indian Community Settlement
Fund established by section 11(a).
(10)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)The term Joint Board means the joint board of
control for the Milk River Project established in accordance with State
law.
(12)Malta
irrigation districtThe 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 committeeThe term Milk River Coordinating
Committee means the committee established by article IV.C of the
Compact.
(14)
(A)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)The
term Milk River Project includes—
(i)the
St. Mary storage unit;
(ii)the Fresno Dam;
and
(iii)the Dodson
pumping unit.
(15)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 programThe 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)
(A)The term Reservation means the area of the
Fort Belknap Reservation in the State, as defined in the Compact.
(B)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)The
term Secretary means the Secretary of the Interior.
(19)The
term State means the State of Montana.
(20)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)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.
4.Approval of
compact and judicial decree
(a)
(1)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)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)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)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 courtIf 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)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)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 commissionerOn 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.
5.
(a)
(1)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)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)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)
(1)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)
(A)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)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)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)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)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 ratesThe 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)
(1)Identification
of alternativesThe 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)The Secretary shall obtain the agreement of the Blackfeet
Tribe and the Fort Belknap Indian Community to any alternative identified under
subsection (a).
(3)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.
6.Exchange,
acquisition, and transfer of public land into trust
(a)
(1)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)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 NE1/4 of the
NE1/4;
(vi)40
acres in the NE1/4 of the
NW1/4;
(vii)40 acres in the
NE1/4 of the SE1/4;
(viii)40 acres in
the NE1/4 of the SW1/4;
(ix)40
acres in the NW1/4 of the
NE1/4;
(x)40
acres in the NW1/4 of the
SE1/4;
(xi)40
acres in the SE1/4 of the
NE1/4;
(xii)40 acres in the
SE1/4 of the NW1/4;
(xiii)40 acres in
the SE1/4 of the SE1/4;
(xiv)40 acres in the
SE1/4 of the SW1/4;
(xv)40
acres in the SW1/4 of the NE1/4;
and
(xvi)40 acres in the
SW1/4 of the SE1/4.
(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 NE1/4 of the
NE1/4;
(vi)40
acres in the SW1/4 of the
NE1/4;
(vii)40 acres in the
SE1/4 of the NE1/4;
(viii)40 acres in
the NE1/4 of the SE1/4;
(ix)40
acres in the NW1/4 of the
SE1/4;
(x)40
acres in the SE1/4 of the SE1/4;
and
(xi)40
acres in the SW1/4 of the
SE1/4.
(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 N1/2; and
(ii)80
acres in the N1/2 of the
SW1/4.
(WW)120 acres in
sec. 18, T. 29 N., R. 22 E., comprised of—
(i)80
acres in the E1/2 of the NE1/4;
and
(ii)40
acres in the NE1/4 of the
SE1/4.
(3)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)
(A)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)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 parcelsIf, 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)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)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)
(1)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)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)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 N1/2 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 E1/4 of the NE1/4; and
(II)362.45 acres of
the S1/2.
(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
S1/2 of the NW1/4; and
(II)80 acres of the
W1/2 of the SW1/4.
(viii)567.50 acres
in T. 26 N., R. 21 E., sec. 2, comprised of—
(I)82.54 acres of
the E1/2 of the NW1/4;
(II)164.96 acres of
the NE1/4; and
(III)320 acres of
the S1/2.
(ix)240 acres in T.
26 N., R. 21 E., sec. 3, comprised of—
(I)40 acres of the
SE1/4 of the NW1/4;
(II)160 acres of the
SW1/4; and
(III)40 acres of the
SW1/4 of the SE1/4.
(x)120
acres in T. 26 N., R. 21 E., sec. 4, comprised of—
(I)80 acres of the
E1/2 of the SE1/4; and
(II)40 acres of the
NW1/4 of the SE1/4.
(xi)200 acres in T.
26 N., R. 21 E., sec.5, comprised of—
(I)160 acres of the
SW1/4; and
(II)40 acres of the
SW1/4 of the NW1/4.
(xii)40 acres in the
SE1/4 of the SE1/4 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
NE1/4 of the SW1/4;
(II)160 acres of the
NW1/4; and
(III)40 acres of the
NW1/4 of the SE1/4.
(xiv)320 acres in
the E1/2 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
N1/2;
(II)80 acres of the
N1/2 of the SE1/4;
(III)160 acres of
the SW1/4; and
(IV)40 acres of the
SW1/4 of the SE1/4.
(xvii)513.49 acres
in T. 26 N., R. 22 E., sec. 21, comprised of—
(I)160 acres of the
NW1/4; and
(II)353.49 acres of
the S1/2.
(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
N1/2;
(II)160 acres of the
N1/2 of the S1/2; and
(III)80 acres of the
S1/2 of the SE1/4.
(xx)400 acres in T.
26 N., R. 22 E., sec. 32, comprised of—
(I)320 acres of the
S1/2; and
(II)80 acres of the
S1/2 of the NW1/4.
(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
NW1/4 of the NE1/4;
(III)160 acres of
the SW1/4; and
(IV)80 acres of the
W1/2 of the SE1/4.
(xxii)88.71 acres in
T. 27 N., R. 21 E., sec. 1, comprised of—
(I)48.71 acres of
the N1/2 of the NE1/4; and
(II)40 acres of the
SW1/4 of the SW1/4.
(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
NW1/4 of the SW1/4; and
(II)40 acres of the
SW1/4 of the NW1/4.
(xxvi)200 acres in
T. 27 N., R. 21 E., sec. 12, comprised of—
(I)80 acres of the
E1/2 of the SW1/4;
(II)40 acres of the
NW1/4 of the NW1/4; and
(III)40 acres of the
S1/2 of the NW1/4.
(xxvii)38.87 acres
in the NW1/4 of the SW1/4 of T. 27
N., R. 21 E., sec. 19.
(xxviii)40 acres in
the SE1/4 of the NE1/4 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
E1/2 of the NW1/4;
(II)160 acres of the
NE1/4;
(III)40 acres of the
NE1/4 of the SE1/4; and
(IV)40 acres of the
SW1/4 of the SW1/4.
(xxx)120 acres in T.
27 N., R. 21 E., sec. 25, comprised of—
(I)80 acres of the
S1/2 of the NE1/4; and
(II)40 acres of the
SE1/4 of the NW1/4.
(xxxi)40 acres in
the NE1/4 of the SE1/4 of T. 27 N.,
R. 21 E., sec. 26.
(xxxii)160 acres in
the NW1/4 of T. 27 N., R. 21 E., sec. 27.
(xxxiii)40 acres in
the SW1/4 of the SW1/4 of T. 27 N.,
R. 21 E., sec. 29.
(xxxiv)40 acres in
the SW1/4 of the NE1/4 of T. 27 N.,
R. 21 E., sec 30.
(xxxv)120 acres in
the SE1/4 of the NE1/4 and
N1/2 of the SE1/4 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
N1/2 of the S1/2;
(II)160 acres of the
NE1/4;
(III)80 acres of the
S1/2 of the NW1/4; and
(IV)40 acres of the
SE1/4 of the SE1/4.
(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
NE1/4 of the NE1/4;
(II)80 acres of the
NW1/4 of the SW1/4; and
(III)40 acres of the
W1/2 of the NW1/4.
(xxxix)120 acres in
T. 27 N., R. 22 E., sec. 8, comprised of—
(I)40 acres of the
E1/2 of the NW1/4; and
(II)80 acres of the
NE1/4 of the SW1/4.
(xl)40
acres in the SW1/4 of the NW1/4 of T.
27 N., R. 22 E., sec. 9.
(xli)40 acres in the
NE1/4 of the SW1/4 of T. 27 N., R. 22
E., sec. 17.
(xlii)40 acres in
the NW1/4 of the NW1/4 of T. 27 N.,
R. 22 E., sec. 19.
(xliii)40 acres in
the SE1/4 of the NW1/4 of T27 N., R22
E., sec. 20.
(xliv)80 acres in
the W1/2 of the SE1/4 of T. 27 N., R.
22 E., sec. 31.
(xlv)52.36 acres in
the SE1/4 of the SE1/4 of T. 27 N.,
R. 22 E., sec. 33.
(xlvi)40 acres in
the NE1/4 of the SW1/4 of T. 28 N.,
R. 22 E., sec. 29.
(xlvii)40 acres in
the NE1/4 of the NE1/2 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 NW1/4 of the NE1/4 of T. 26 N.,
R. 22 E., sec. 6.
(l)320
acres in the E1/2 of T. 26 N., R. 22 E., sec. 17.
(li)80
acres in the E1/2 of the NE1/4 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
E1/2 of the NE1/4;
(II)80 acres of the
N1/2 of the SE1/4;
(III)40 acres of the
SE1/4 of the NW1/4; and
(IV)40 acres of the
SW1/4 of the NE1/4.
(B)Department of
Agriculture parcelsThe 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)640 acres in T. 29 N., R. 26 E., Principal Meridian,
Montana (PMM), comprised of—
(I)the
SW1/4 of sec. 27;
(II)the
NE1/4 of sec. 33; and
(III)the
W1/2 of sec. 34.
(ii)320 acres in the N1/2 of T. 30 N.,
R. 23 E., sec. 28, PMM.
(iii)2,559.3 acres comprised of—
(I)T. 28 N., R. 24
E., PMM, including—
- (aa)the
E1/2, W1/2,
E1/2, W1/2,
W1/2, NE1/4, the
E1/2, E1/2,
W1/2, W1/2,
NE1/4, the E1/2,
W1/2, NE1/4, the
W1/2, E1/2,
NE1/4, the W1/2,
E1/2, E1/2,
NE1/4, the W1/2,
W1/2, E1/2,
E1/2, E1/2,
NE1/4, and the SE1/4 of sec.
16;
- (bb)all
of sec. 21;
- (cc)the
S1/2 of sec. 22; and
- (dd)the
W1/2 of sec. 27;
(II)T. 29 N., R. 25
E., PMM, including—
- (aa)the
S1/2 of sec. 1; and
- (bb)the
N1/2 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
SW1/4 of the SW1/4 of sec. 4;
- (cc)the
E1/2 of the SE1/4 of sec. 5;
- (dd)the
S1/2 of the SE1/4 of sec. 7;
and
- (ee)the
N1/2, N1/2,
NE1/4 of sec. 18; and
(V)T. 31 N., R. 26
E., PMM, the NW1/4 of the SE1/4 of
sec. 31.
(C)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
SW1/4.
(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 SE1/4.
(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
SE1/4.
(v)109.48 acres in
T. 25 N., R. 24 E., sec. 10, comprised of—
(I)lot 5; and
(II)80 acres of the
N1/2 of the NE1/4.
(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
N1/2 of the NW1/4.
(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
S1/2 of the S1/2.
(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
NW1/4 of the SE1/4;
(III)80 acres of the
N1/2 of the SW1/4; and
(IV)160 acres of the
S1/2 of the S1/2.
(ix)320 acres in the
W1/2 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 SE1/4; and
(III)160 acres of
the SW1/4.
(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
S1/2.
(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
S1/2.
(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
SE1/4.
(xv)480 acres in T.
25 N., R. 25 E., sec. 8, exterior to Cercla boundary, comprised of—
(I)320 acres of the
N1/2; and
(II)160 acres of the
SE1/4.
(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
W1/2 of the NW1/4.
(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
SW1/4;
(III)40 acres of the
SW1/4 of the NW1/4; and
(IV)80 acres of the
W1/2 of the SE1/2.
(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
S1/2; and
(III)160 acres of
the S1/2 of the N1/2.
(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
E1/2 of the E1/2; and
(III)40 acres of the
SW1/4 of the SE1/4.
(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
E1/2; and
(III)160 acres of
the E1/2 of the W1/2.
(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
N1/2 of the SW1/4;
(III)160 acres of
the NW1/4; and
(IV)40 acres of the
SW1/4 of the SW1/4.
(D)
(i)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)
(I)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)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)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 NE1/4 of the SW1/4;
- (dd)10.06 acres in
the NW1/4 of the NW1/4;
- (ee)40
acres in the NW1/4 of the
SE1/4;
- (ff)36.76 acres in
the NW1/4 of the SW1/4;
- (gg)1.09
acres in the SE1/4 of the
NW1/4;
- (hh)30.20 acres in
the SE1/4 of the SE1/4;
- (ii)34.54 acres in
the SE1/4 of the SW1/4;
- (jj)23.30 acres in
the SW1/4 of the NE1/4;
- (kk)15.76 acres in
the SW1/4 of the NW1/4;
- (ll)32.17 acres in
the SW1/4 of the SE1/4; and
- (mm)33
acres in the SW1/4 of the
SW1/4;
(III)15.81 acres in
T. 30 N., R. 26 E., sec. 2, comprised of—
- (aa)15.79 acres in
the NE1/4 of the NE1/4; and
- (bb)0.02
acres in the SE1/4 of the
NE1/4;
(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 NW1/4 of the SW1/4;
- (gg)23.80 acres in
the SE1/4 of the SW1/4; and
- (hh)3.67
acres in the SW1/4 of the
SW1/4;
(VI)60.30 acres in
T. 31 N., R. 26 E., sec. 19, comprised of—
- (aa)27.66 acres in
the NE1/4 of the NE1/4;
- (bb)4.67
acres in the NW1/4 of the NE1/4;
and
- (cc)27.97 acres in
the SE1/4 of the NE1/4;
(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 NE1/4 of the NW1/4;
- (ee)40
acres in the NE1/4 of the
SE1/4;
- (ff)24.34 acres in
the NE1/4 of the SW1/4;
- (gg)8.54
acres in the NW1/4 of the
NW1/4;
- (hh)37.20 acres in
the NW1/4 of the SE1/4;
- (ii)18.94 acres in
the SE1/4 of the NW1/4;
- (jj)40
acres in the SE1/4 of the
SE1/4;
- (kk)38.65 acres in
the SW1/4 of the NE1/4;
- (ll)40
acres in the SW1/4 of the NW1/4;
and
- (mm)40
acres in the SW1/4 of the
SE1/4;
(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 NW1/4 of the
SW1/4;
- (ii)40
acres in the SE1/4 of the
SW1/4;
- (jj)40
acres in the SW1/4 of the SW1/4;
and
- (kk)40
acres in the SW1/4 of the
SE1/4;
(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 NW1/4 of the
SW1/4;
- (dd)16.60 acres in
the SE1/4 of the SW1/4;
- (ee)24.20 acres in
the SW1/4 of the SE1/4;
- (ff)0.12
acres in the SE1/4 of the SE1/4;
and
- (gg)15.63 acres in
the SW1/4 of the SW1/4;
(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 NE1/4 of the
SE1/4;
- (gg)40
acres in the NE1/4 of the
SW1/4;
- (hh)40
acres in the NW1/4 of the
SE1/4;
- (ii)40
acres in the NW1/4 of the
SW1/4;
- (jj)40
acres in the SE1/4 of the
NW1/4;
- (kk)11.52 acres in
the SE1/4 of the SE1/4;
- (ll)3.38
acres in the SE1/4 of the
SW1/4;
- (mm)33.55 acres in
the SW1/4 of the NW1/4;
- (nn)7.48
acres in the SW1/4 of the SE1/4;
and
- (oo)30.08 acres in
the SW1/4 of the SW1/4;
(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 NE1/4 of the NW1/4;
- (cc)30.76 acres in
the NE1/4 of the SE1/4;
- (dd)34.26 acres in
the NW1/4 of the NE1/4;
- (ee)13.04 acres in
the NW1/4 of the SE1/4;
- (ff)12.36 acres in
the SE1/4 of the NE1/4;
- (gg)7.29
acres in the SE1/4 of the
NE1/4;
- (hh)2.98
acres in the SE1/4 of the SE1/4;
and
- (ii)17.29 acres in
the SW1/4 of the NE1/4;
(XIII)59.34 acres in
T. 31 N., R. 26 E., sec. 29, comprised of—
- (aa)32.97 acres in
the NE1/4 of the NE1/4; and
- (bb)26.37 acres in
the NW1/4 of the NE1/4;
(XIV)137.63 acres in
T. 31 N., R. 26 E., sec. 35, comprised of—
- (aa)24.59 acres in
the NE1/4 of the NE1/4;
- (bb)35.52 acres in
the NE1/4 of the SE1/4;
- (cc)1.54
acres in the NW1/4 of the
SE1/4;
- (dd)7.12
acres in the NW1/4 of the
NE1/4;
- (ee)40
acres in the SE1/4 of the
NE1/4;
- (ff)24.20 acres in
the SE1/4 of the SE1/4; and
- (gg)4.66
acres in the SW1/4 of the NE1/4;
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 SW1/4 of the NW1/4.
(4)
(A)
(i)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)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)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)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)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)
(A)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)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 transferredThe 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)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)
(1)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)
(A)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)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)
(i)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)The
Secretary shall deposit into the general fund of the Treasury any compensation
received under clause (i).
(e)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 governmentsThe 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)
(1)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 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)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)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)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)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)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)
(i)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)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 CouncilNotwithstanding 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.
7.
(a)Allocation of
water to Fort Belknap Indian Community
(1)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)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)
(A)The annual allocation under paragraph (1) shall not be
increased by year-to-year carry-over storage.
(B)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)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)The
agreement shall be without limit as to term.
(E)
(i)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)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)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)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)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)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)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 CommunityThe 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)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 ReservationExcept 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 costsExcept 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)
(A)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
CommunityThe 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)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)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.
8.
(a)Milk river
project modifications
(1)
(A)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)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)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)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)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)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 actThe Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Milk River Coordinating
Committee.
(3)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 releaseNotwithstanding 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)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)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)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)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)
(1)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)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
contributionsA 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)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)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)
(1)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)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)
(A)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)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 appropriationsThere is authorized to be appropriated to the
Secretary to carry out this subsection $5,000,000 for each of fiscal years 2012
through 2015.
9.Settlement in
satisfaction of claims
(a)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)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 rightsNotwithstanding 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.
10.Waivers and
releases of claims
(a)Claims for
water rights in the State and ReservationSubject 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)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)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 releasesThe waivers under subsections (a) and (b)
shall take effect on the enforceability date.
(d)
(1)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 claimsNotwithstanding 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)
(1)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)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)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.
11.Fort Belknap
Indian Community Settlement Fund
(a)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)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 FundThe 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)
(1)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 accountsThe 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)
(1)
(A)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)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)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)
(A)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)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)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)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)
(A)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)The
expenditure plan shall describe the manner in which, and the purposes for
which, amounts remaining in the Funds will be used.
(C)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 treasuryIf 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)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 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)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)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 appropriationsIn 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)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 appropriationsIn 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)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 appropriationsIn 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)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 appropriationsIn 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)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 appropriationsThere is authorized to be appropriated to the
Commissioner to carry out improvement activities under this Act $1,100,000 for
fiscal year 2013.
(k)Any
amounts made available under this section shall be nonreimbursable.
12.
(a)Elimination of
debts or liens against allotments of the fort belknap indian community
membersThe 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)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 statesExcept 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)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)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)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)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 courtNothing 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 rightsNothing 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 importationNothing 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)
(1)Definition of
little rocky mountainsIn 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)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)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 servicesNo 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)
(1)Definition of
eligible lessorIn 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)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)
(A)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)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)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 secretaryThe 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)
(A)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)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 landsThe 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)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)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)If any provision of this Act conflicts with a
provision of the Compact, the provision of this Act shall prevail.
13.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)).