[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 399 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 399

   To modify the purposes and operation of certain facilities of the 
 Bureau of Reclamation to implement the water rights compact among the 
     State of Montana, the Blackfeet Tribe of the Blackfeet Indian 
 Reservation of Montana, and the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2011

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

_______________________________________________________________________

                                 A BILL


 
   To modify the purposes and operation of certain facilities of the 
 Bureau of Reclamation to implement the water rights compact among the 
     State of Montana, the Blackfeet Tribe of the Blackfeet Indian 
 Reservation of Montana, and the United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blackfeet Water Rights Settlement 
Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the reservation of the Blackfeet Tribe of the Blackfeet 
        Indian Reservation of Montana was established from the 
        aboriginal territory of the Tribe by the treaty between the 
        Tribe and the United States dated October 17, 1855 (11 Stat. 
        657);
            (2) water was reserved by the Tribe in that treaty--
                    (A) to fulfill the promise of a homeland for 
                members of the Tribe; and
                    (B) for the governmental, economic, social, 
                cultural, and religious well-being of the Tribe and 
                members of the Tribe;
            (3) the water rights of the Tribe have not been 
        consistently protected by the United States regarding--
                    (A) the use and allocation of water on the 
                Reservation, including--
                            (i) the allocation of water of the St. Mary 
                        River and the Milk River in the treaty between 
                        the United States and Great Britain relating to 
                        boundary waters between the United States and 
                        Canada entered into force on May 13, 1910 (36 
                        Stat. 2448); and
                            (ii) the diversion of St. Mary River water 
                        for use by the Milk River Project of the Bureau 
                        of Reclamation; and
                    (B) activities for development carried out on and 
                off the Reservation by non-members of the Tribe;
            (4) as of the date of enactment of this Act, civil actions 
        to determine the water rights of the Tribe are pending in--
                    (A) the United States District Court for the 
                District of Montana in the action styled ``United 
                States v. Aageson'', numbered CIV-79-21-GF, and filed 
                on April 5, 1979; and
                    (B) the Montana Water Court in the action styled 
                ``In the Matter of the Adjudication of the Existing and 
                Reserved Rights to the Use of Water, Both Surface and 
                Underground, of the Blackfeet Tribe of the Blackfeet 
                Reservation within the State of Montana'' and numbered 
                WC-91-1;
            (5) to avoid divisive, expensive, and lengthy litigation of 
        the water rights of the Tribe, to resolve critical issues 
        relating to administration and development of those water 
        rights, and to provide for appropriate mitigation measures, the 
        Tribe, the State of Montana, and the United States have 
        negotiated the Blackfeet Tribe-Montana Water Rights Compact;
            (6) in addition to quantification of the water rights of 
        the Tribe, development of necessary water supplies on the 
        Reservation through the planning, design, and construction of 
        facilities and infrastructure is essential to carrying out the 
        intent of the treaty referred to in paragraph (1)--
                    (A) to create a permanent homeland for members of 
                the Tribe;
                    (B) to provide a viable Reservation economy; and
                    (C) to implement the Compact; and
            (7) 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 resolve tribal reserved water rights claims without 
        lengthy and costly litigation.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to authorize certain projects on the Reservation to 
        implement the Compact, the Birch Creek Agreement, and this Act 
        in a manner that--
                    (A) maximizes the benefits of the water rights of 
                the Tribe established in the Compact; and
                    (B) ensures for the Tribe and members of the Tribe 
                the benefits of a permanent homeland, including 
                cultural, economic, social, and governmental benefits;
            (2) to authorize certain modifications of the purposes and 
        operation of certain Bureau of Reclamation facilities to 
        implement the Compact and this Act;
            (3) to authorize the rehabilitation, improvement, and 
        completion of the Blackfeet Irrigation Project--
                    (A) to maximize the benefits of the Blackfeet 
                Irrigation Project for all project water users; and
                    (B) to implement the Compact and the Birch Creek 
                Agreement;
            (4) to approve, ratify, and confirm the water rights 
        Compact;
            (5) to require the Secretary of the Interior--
                    (A) to implement the Compact; and
                    (B) to carry out the obligations of the United 
                States under the Compact and this Act;
            (6) to provide for the final resolution of all water rights 
        claims among--
                    (A) the United States, on behalf of the Tribe and 
                members of the Tribe;
                    (B) the United States, on behalf of the allottees;
                    (C) the Tribe, on behalf of the Tribe and members 
                of the Tribe; and
                    (D) the State of Montana; and
            (7) to authorize the actions, agreements, and 
        appropriations necessary to implement the Compact and this Act.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Allottee.--The term ``allottee'' means any individual 
        who owns or holds a trust allotment or interest in a trust 
        allotment on the Reservation pursuant to the Act of February 8, 
        1887 (25 U.S.C. 331; 24 Stat. 388, chapter 119), (commonly 
        known as the ``General Allotment Act''), the matter under the 
        heading ``Montana'' of title II of the Act of March 1, 1907 (34 
        Stat. 1035, chapter 2285), and the Act of June 30, 1919 (41 
        Stat. 3, chapter 4), subject to the terms and conditions of 
        those Acts.
            (2) Available st. mary river water.--The term ``available 
        St. Mary River water'' means--
                    (A) water from the St. Mary River allocated to the 
                United States under the treaty between the United 
                States and Great Britain relating to boundary waters 
                between the United States and Canada entered into force 
                on May 13, 1910 (36 Stat. 2448), minus the quantity of 
                water required for the Milk River Project water right; 
                and
                    (B) water that is--
                            (i) otherwise part of the Milk River 
                        Project water right; and
                            (ii) made available by the United States to 
                        the Tribe without any net reduction of the 
                        legal entitlement to water of any water user 
                        under the jurisdiction of an entity that is a 
                        party to a contract for water from the Milk 
                        River Project water right, as determined--
                                    (I) initially, by the Secretary; 
                                and
                                    (II) subsequently, by a court of 
                                competent jurisdiction.
            (3) Birch creek agreement.--The term ``Birch Creek 
        Agreement'' means the agreement between the Tribe and the State 
        regarding Birch Creek water use dated January 31, 2008.
            (4) Blackfeet irrigation project.--The term ``Blackfeet 
        Irrigation Project'' means the irrigation project on the 
        Reservation authorized by the matter under the heading 
        ``Montana'' of title II of the Act of March 1, 1907 (34 Stat. 
        1035, chapter 2285), and administered by the Bureau of Indian 
        Affairs.
            (5) Compact.--The term ``Compact'' means the water rights 
        agreement (including any appendix or amendment to the 
        agreement) among the Tribe, the State, and the United States 
        that was--
                    (A) ratified by the legislature of the State, as 
                codified in section 85-20-1501 of the Montana Code 
                Annotated (2009); and
                    (B) the subject of Blackfeet Resolution No. 184-
                2008.
            (6) Joint board.--The term ``Joint Board'' means the joint 
        board of control of the Milk River Project established in 
        accordance with State law.
            (7) Lake elwell.--The term ``Lake Elwell'' means the water 
        impounded on the Marias River in the State by Tiber Dam, a 
        feature of the Lower Marias Unit of 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).
            (8) Lake sherburne reservoir.--The term ``Lake Sherburne 
        Reservoir'' means the storage facility of the Milk River 
        Project authorized by the Secretary as part of the St. Mary 
        storage unit on March 25, 1905.
            (9) Milk river project.--
                    (A) In general.--The term ``Milk River Project'' 
                means the Bureau of Reclamation project conditionally 
                approved by the Secretary on March 14, 1903, pursuant 
                to the Act of June 17, 1902 (32 Stat. 388, chapter 
                1093), commencing at Lake Sherburne Reservoir and 
                providing water to a point approximately 6 miles east 
                of Nashua, Montana.
                    (B) Inclusions.--The term ``Milk River Project'' 
                includes--
                            (i) the St. Mary storage unit;
                            (ii) the Fresno Dam; and
                            (iii) the Dodson pumping unit.
            (10) Milk river project water right.--The term ``Milk River 
        Project water right'' includes any water right held by the 
        Bureau of Reclamation on behalf of the Milk River Project, as 
        finally adjudicated by the Montana Water Court.
            (11) Missouri river basin.--The term ``Missouri River 
        Basin'' means the hydrologic basin of the Missouri River 
        (including tributaries).
            (12) Montana water court.--The term ``Montana Water Court'' 
        means the court established pursuant to chapter 7 of title 3, 
        Montana Code Annotated, for the adjudication of water rights in 
        the State.
            (13) Pondera county canal and reservoir company project.--
        The term ``Pondera County Canal and Reservoir Company Project'' 
        means the project authorized in part by section 4 of the Act of 
        August 18, 1894 (28 Stat. 422) and lying south of Birch Creek 
        in Montana Water Court Basin 41M.
            (14) Reservation.--The term ``Reservation'' means the 
        Blackfeet Indian Reservation of Montana, as in existence on the 
        date of enactment of this Act.
            (15) St. mary river water right.--The term ``St. Mary River 
        water right'' means the water right of the Tribe in the St. 
        Mary River established by article III.G.1.a.i. of the Compact 
        and implemented in accordance with article IV.D.4 of the 
        Compact.
            (16) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (17) State.--The term ``State'' means the State of Montana, 
        including the officers, agencies, departments, and political 
        subdivisions of that State.
            (18) Tribal water code.--The term ``tribal water code'' 
        means the code contained in the ordinance of the Tribe numbered 
        62, adopted by the business council of the Tribe pursuant to 
        the resolution numbered 127-80 on May 15, 1980, and approved by 
        the Blackfeet Indian Agency Superintendent of the Bureau of 
        Indian Affairs on May 23, 1980, as amended in accordance with 
        the Compact and this Act.
            (19) Tribal water right.--The term ``tribal water right'' 
        means--
                    (A) any right of the Tribe (including any member of 
                the Tribe or allottee) to divert, use, or store water, 
                as established in the Compact;
                    (B) any allocation of water to the Tribe from Lake 
                Elwell pursuant to section 5(c); and
                    (C) any allocation of water to the Tribe from Lake 
                Sherburne Reservoir and the available St. Mary River 
                water or any other source pursuant to section 5 that 
                fulfills the St. Mary River water right of the Tribe 
                under the Compact.
            (20) Tribe.--The term ``Tribe'' means the Blackfeet Tribe 
        of the Blackfeet Indian Reservation of Montana, including the 
        officers, agencies, and departments of that tribe.
            (21) Water rights arising under state law.--The term 
        ``Water Rights Arising Under State Law'' has the meaning given 
        the term in article II.52 of the Compact.

SEC. 5. RECLAMATION ACTIVITIES.

    (a) St. Mary River.--
            (1) Allocation of water.--
                    (A) In general.--In providing to the Tribe the St. 
                Mary River water right, the Secretary shall allocate to 
                the Tribe 50,000 acre-feet per year of stored water in 
                Lake Sherburne Reservoir as part of the tribal water 
                right.
                    (B) Costs.--The Tribe shall not be required to pay 
                any operation, maintenance, or replacement costs, 
                capital costs, or other costs associated with the 
                allocation under subparagraph (A).
                    (C) Prohibition on increase.--The allocation under 
                subparagraph (A) shall not be increased by any year-to-
                year carryover storage.
            (2) Lease of allocated water.--
                    (A) Agreement.--
                            (i) In general.--The Tribe and the 
                        Secretary, acting through the Commissioner of 
                        Reclamation, shall enter into an agreement to 
                        lease the water allocated to the Tribe under 
                        paragraph (1) for use by the Secretary for the 
                        Milk River Project, in accordance with such 
                        terms and conditions on which the Tribe and the 
                        Secretary may agree.
                            (ii) Mediation.--
                                    (I) In general.--If the Tribe and 
                                the Secretary fail to agree to terms 
                                and conditions as described in clause 
                                (i) by the date that is 1 year after 
                                the date of enactment of this Act, a 
                                mediator acceptable to the Tribe and 
                                the Secretary shall be appointed by the 
                                Chief Judge of the United States 
                                District Court for the District of 
                                Montana to assist the parties in 
                                reaching an agreement.
                                    (II) Costs.--The costs of a 
                                mediator appointed under subclause (I) 
                                shall be paid by the Secretary.
                    (B) Effective period.--A lease under subparagraph 
                (A) shall remain in effect until the date described in 
                paragraph (3)(E).
                    (C) Milk river project water users.--No Milk River 
                Project water user or other entity that is a party to 
                any contract on behalf of such a water user shall be 
                required to pay any costs associated with--
                            (i) the allocation to the Tribe under 
                        paragraph (1); or
                            (ii) a lease under this paragraph.
            (3) Identification of available st. mary river water.--
                    (A) Investigations and studies.--The Secretary, in 
                cooperation with the Tribe, may carry out any 
                appropriate investigation or study to identify 
                available St. Mary River water to provide to the Tribe 
                the St. Mary River water right.
                    (B) Facilities.--The Secretary may plan, design, 
                and construct such facilities as the Secretary, the 
                Tribe, and the State determine to be necessary to 
                provide to the Tribe the St. Mary River water right.
                    (C) Agreements with tribe.--The Secretary may enter 
                into such cooperative agreements or contracts under the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450 et seq.) with the Tribe as the Secretary 
                determines to be necessary to carry out subparagraphs 
                (A) and (B).
                    (D) Modifications to milk river project.--The 
                Secretary, in consultation with the Tribe, the State, 
                the Fort Belknap Indian Community, the Joint Board, and 
                other affected stakeholders, may make such 
                modifications as are necessary to carry out this 
                paragraph to--
                            (i) the operating procedures of the Milk 
                        River Project; or
                            (ii) any federally owned facility of the 
                        Milk River Project.
                    (E) Date to begin use.--Beginning on the date on 
                which the Secretary, the Tribe, and the State agree in 
                writing that water has been identified from available 
                St. Mary River water or any other source, and is 
                available to satisfy any portion of the St. Mary River 
                water right in accordance with articles III.G.1.a.i and 
                IV.D.4 of the Compact--
                            (i) the Tribe may begin to use that water; 
                        and
                            (ii) the allocation to the Tribe under 
                        paragraph (1) and the lease under paragraph (2) 
                        shall terminate with respect to that quantum of 
                        water.
    (b) Milk River Project Rights-of-Way and Easements.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, but not later than the enforceability 
        date described in section 12(e), the Secretary shall resolve 
        all issues relating to the use by the United States of tribal 
        land or allotted land for purposes of the Milk River Project, 
        including the payment to the Tribe and members of the Tribe of 
        compensation for that use, notwithstanding any other provision 
        of law, if such compensation--
                    (A) has not previously been paid; or
                    (B) was inadequate.
            (2) Action by secretary of treasury.--Notwithstanding any 
        other provision of law, as soon as practicable after the date 
        of enactment of this Act, but not later than the enforceability 
        date described in section 12(e), the Secretary of the Treasury 
        shall return to the Tribe all amounts paid by the Tribe for 
        land relinquished to the Tribe pursuant to the Act of August 
        28, 1937 (50 Stat. 864, chapter 868), including interest on 
        those amounts.
    (c) Lake Elwell.--
            (1) Allocation.--
                    (A) In general.--As part of the tribal water right, 
                the Secretary shall permanently allocate to the Tribe 
                all remaining unallocated water in Lake Elwell, as 
                measured at the outlet works of the dam, minus any 
                quantity of that water that may be allocated to the 
                Fort Belknap Indian Community, as agreed to by the 
                Tribe and the Fort Belknap Indian Community, for use by 
                the Tribe for any beneficial purpose on or off the 
                Reservation.
                    (B) Request by tribe.--The Secretary may enter into 
                an agreement with the Tribe to establish a procedure 
                through which the Tribe may request and use the 
                allocation under subparagraph (A).
            (2) Priority date.--The priority date of the allocation to 
        the Tribe under paragraph (1) shall be the priority date of the 
        Lake Elwell water right held by the Bureau of Reclamation.
            (3) Costs.--The Tribe shall not be required to pay any 
        annual operation, maintenance, or replacement costs, capital 
        costs, or other costs associated with the allocation under 
        paragraph (1).
            (4) Agreements by tribe.--The Tribe may use, lease, 
        contract, exchange, or enter into other agreements for use of 
        the water allocated to the Tribe under paragraph (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 Tribe under paragraph (1).
            (5) Effective date.--The allocation under paragraph (1) 
        takes effect on the enforceability date described in section 
        12(e).
            (6) Prohibition on increase.--The allocation under 
        paragraph (1) shall not be increased by any year-to-year 
        carryover storage.
            (7) Effect of subsection.--
                    (A) Chippewa cree tribe.--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) No transportation facilities requirement.--
                Except as otherwise provided in this Act, nothing in 
                this subsection requires the United States to provide 
                any facility for transport to the Reservation or any 
                other location of the water allocated to the Tribe 
                under this subsection.
            (8) Development and delivery costs.--Except as otherwise 
        provided in this Act, the United States is not required to pay 
        the cost of developing or delivering to the Reservation any 
        water allocated under this subsection.
    (d) Blackfeet Irrigation Project.--
            (1) In general.--The Secretary shall carry out such 
        activities as are necessary relating to--
                    (A) planning, design, and construction for 
                rehabilitation and improvement of the Blackfeet 
                Irrigation Project; and
                    (B) the completion to authorized acreage of the 
                Blackfeet Irrigation Project.
            (2) Four horns dam and reservoir.--
                    (A) In general.--The Secretary shall carry out such 
                activities as are necessary relating to planning, 
                design, and construction for rehabilitation and 
                improvement of the Four Horns Dam and Reservoir and 
                associated delivery systems of the Blackfeet Irrigation 
                Project, including--
                            (i) the rehabilitation and improvement of 
                        the Four Horns feeder canal system to a 
                        capacity of not less than 300 cubic feet per 
                        second;
                            (ii) the enlargement to maximum practical 
                        capacity of the off-stream Four Horns Dam and 
                        Reservoir;
                            (iii) construction of facilities to deliver 
                        not less than 15,000 acre-feet of water per 
                        year from the enlarged Four Horns Dam and 
                        Reservoir to a point on Birch Creek to be 
                        designated by the Tribe and the State for 
                        delivery of water to the water delivery system 
                        of the Pondera County Canal and Reservoir 
                        Company Project;
                            (iv) rehabilitation and improvement of the 
                        outlet canal delivery system from Four Horns 
                        Dam and Reservoir to Blacktail Creek;
                            (v) rehabilitation and improvement of the 
                        Badger-Fisher main canal; and
                            (vi) measures to enhance on-farm efficiency 
                        in the Badger-Fisher irrigation unit of the 
                        Blackfeet Irrigation Project.
                    (B) Cooperative agreement.--On receipt of a request 
                by the Tribe, the Secretary shall enter into a 
                cooperative agreement or contract under the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.) with the Tribe to carry out the 
                activities under this paragraph.
                    (C) Allocation of excess water.--Notwithstanding 
                any other provision of law, on completion of the 
                activities under this paragraph, the Secretary shall 
                allocate to the Tribe, at no cost, all stored water in 
                Four Horns Reservoir in excess of the quantity of water 
                necessary to serve the land within the Blackfeet 
                Irrigation Project, but not less than 15,000 acre-feet, 
                for--
                            (i) fulfillment of the obligations of the 
                        Tribe under the Birch Creek Agreement to 
                        deliver water to holders of Water Rights 
                        Arising Under State Law in Birch Creek; and
                            (ii) use or lease by the Tribe for any 
                        purpose in accordance with this Act, the 
                        Compact, and the Birch Creek Agreement.
                    (D) Identification of facilities.--
                            (i) In general.--The Tribe, the State, and 
                        the Regional Director of the Great Plains 
                        Region of the Bureau of Reclamation, in 
                        consultation with the Bureau of Indian Affairs, 
                        shall--
                                    (I) identify each facility or 
                                portion of a facility to be 
                                constructed, rehabilitated, or improved 
                                primarily for the purpose of providing 
                                to the Tribe the allocation under 
                                subparagraph (C); and
                                    (II) agree on the ownership, 
                                operation, maintenance, and replacement 
                                obligations associated with those 
                                facilities and portions of facilities.
                            (ii) Costs.--No Blackfeet Irrigation 
                        Project water user or holder of Water Rights 
                        Arising Under State law in Birch Creek shall be 
                        required to pay any costs associated with any 
                        facility or portion of a facility identified 
                        under clause (i).
                    (E) State contribution.--As a condition of 
                ratification of the Compact by this Act, the State 
                shall contribute to the cost of the activities under 
                this paragraph not less than $20,000,000.
            (3) Transfer of title.--
                    (A) In general.--Notwithstanding any other 
                provision of law, on receipt of a request by the Tribe, 
                the Secretary shall transfer to the Tribe, at no cost, 
                title in and to each facility, asset, and other 
                property of the Blackfeet Irrigation Project.
                    (B) Ownership.--On transfer of title under 
                subparagraph (A), the Blackfeet Irrigation Project 
                shall be considered to be owned, operated, and managed 
                by the Tribe.
                    (C) Operation and maintenance.--The Tribe shall 
                promulgate criteria and procedures, subject to the 
                approval of the Secretary, under which the Tribe shall 
                operate and maintain the Blackfeet Irrigation Project, 
                including--
                            (i) a due process system for the 
                        consideration and determination of any request 
                        by a water user for an allocation of water that 
                        provides protection not less stringent than the 
                        protection available under Federal law, 
                        including a process for--
                                    (I) appeal and adjudication of 
                                denied or disputed distributions of 
                                water; and
                                    (II) resolution of contested 
                                administrative decisions; and
                            (ii) a system for establishing water rates, 
                        including the processes described in subclauses 
                        (I) and (II) of clause (i).
            (4) Irrigation efficiency in upper birch drainage.--Any 
        activity carried out by the Tribe in the Upper Birch Drainage 
        (as defined in article II.50 of the Compact) using funds made 
        available under this Act shall achieve an irrigation efficiency 
        of not less than 50 percent.
    (e) Reclamation Water Settlements Fund.--In carrying out this 
section, the Secretary may use amounts in the Reclamation Water 
Settlements Fund established by subsection (a) of section 10501 of the 
Omnibus Public Land Management Act of 2009 (43 U.S.C. 407) pursuant to 
subsection (c)(3)(B)(iii) of that section.

SEC. 6. APPROVAL OF COMPACT AND BIRCH CREEK AGREEMENT.

    (a) Ratification.--
            (1) In general.--Except as modified by this Act, and to the 
        extent that the Compact and the Birch Creek Agreement do not 
        conflict with this Act, the Compact and the Birch Creek 
        Agreement are authorized, ratified, and confirmed.
            (2) Amendments.--To the extent that any amendment is 
        executed to ensure that the Compact or the Birch Creek 
        Agreement is consistent with this Act, the amendment is 
        authorized, ratified, and confirmed.
    (b) Execution.--
            (1) In general.--To the extent that the Compact and the 
        Birch Creek Agreement do not conflict with this Act, the 
        Secretary shall promptly execute the Compact and the Birch 
        Creek Agreement.
            (2) Effect of subsection.--Nothing in this subsection 
        precludes the Secretary from approving a modification to any 
        appendix or exhibit to the Compact or the Birch Creek Agreement 
        that is not inconsistent with this Act, subject to section 2116 
        of the Revised Statutes (25 U.S.C. 177) and other applicable 
        Federal law (including regulations).
    (c) Action by Other Departments and Agencies.--The Secretary and 
the head of each other appropriate Federal department or agency shall 
carry out such activities as are necessary to implement the Compact, 
the Birch Creek Agreement, and this Act.

SEC. 7. TRIBAL WATER RIGHT.

    (a) Treatment.--The tribal water right--
            (1) shall be held in trust by the United States for the 
        benefit of the Tribe; and
            (2) shall not be subject to loss by abandonment, 
        forfeiture, or nonuse.
    (b) Allottee Entitlements.--Each allottee shall be entitled to a 
just and equitable allocation of the tribal water right for irrigation 
purposes pursuant to section 7 of the Act of February 8, 1887 (25 
U.S.C. 381), in accordance with the Compact and the tribal water code.
    (c) Federal Reserved Water Rights.--Any right to Federal reserved 
water of a member of the Tribe, an allottee, or an owner of fee land 
within the boundaries of the Reservation shall be--
            (1) considered to be satisfied by the tribal water right; 
        and
            (2) governed in accordance with the terms and conditions of 
        the Compact, this Act, and the tribal water code (including any 
        applicable requirement to obtain a permit under the tribal 
        water code).
    (d) Limitation on Certain Claims.--Notwithstanding any other 
provision of law, no claim to a Federal reserved water right of an 
owner of fee land that was within the boundaries of the Reservation on 
June 30, 1996, as the successor to an allottee may be sustained as a 
matter of Federal law if the claim was not filed in the Montana water 
rights adjudication (Mont. Code Ann. 85-2-212, et seq.) by the required 
filing date.
    (e) Tribal Water Code.--
            (1) Amendments.--Not later than 180 days after the date of 
        enactment of this Act, the Tribe shall amend the tribal water 
        code, subject to the approval of the Secretary under paragraph 
        (2)(A), as necessary to administer the tribal water right in 
        accordance with article IV.C of the Compact.
            (2) Approval required.--
                    (A) In general.--No provision of the tribal water 
                code (or any amendment to the tribal water code) that 
                affects any right of an allottee shall take effect 
                until the date on which the provision is approved by 
                the Secretary.
                    (B) Interim administration.--
                            (i) In general.--During the period 
                        beginning on the date of amendment of the 
                        tribal water code under paragraph (1) and 
                        ending on the date of approval of the amendment 
                        by the Secretary under subparagraph (A), the 
                        tribal water right shall be administered by the 
                        Tribe pursuant to the tribal water code as in 
                        existence on the day before the date of 
                        enactment of this Act, to the extent that the 
                        tribal water code is not inconsistent with the 
                        Compact and this Act.
                            (ii) Inconsistencies.--If any inconsistency 
                        exists between the tribal water code as in 
                        existence on the day before the date of 
                        enactment of this Act and the Compact or this 
                        Act, the applicable provision of the Compact or 
                        this Act shall control.
            (3) Exhaustion of remedies.--No member of the Tribe, 
        allottee, or owner of fee land within the boundaries of the 
        Reservation shall file against the United States a claim 
        relating to water under the tribal water right pursuant to 
        section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or 
        any other provision of law or otherwise request relief from the 
        Secretary until the member, allottee, or owner exhausts each 
        applicable remedy under the tribal water code or other 
        applicable tribal or Federal law.
    (f) Lease of Tribal Water Right.--
            (1) In general.--The Tribe, without approval of the 
        Secretary, may lease any portion of the tribal water right in 
        accordance with article IV.D.2 of the Compact for use off the 
        Reservation within the Missouri River Basin, subject to the 
        tribal water code and the terms and conditions of the Compact 
        and applicable Federal law.
            (2) Use of funds.--Any funds paid to the Tribe under a 
        lease under this subsection shall be the property of the Tribe, 
        and the United States shall have no trust or other obligation 
        to monitor, administer, or account for the funds.
            (3) Prohibition on permanent alienation.--No portion of the 
        tribal water right may be permanently alienated pursuant to a 
        lease under this subsection.

SEC. 8. BLACKFEET LAND AND WATER DEVELOPMENT FUND.

    (a) Establishment.--There is the established in the Treasury of the 
United States a fund, to be known as the ``Blackfeet Land and Water 
Development Fund'' (referred to in this section as the ``Fund''), to be 
used to pay or reimburse costs incurred by the Tribe for--
            (1) the acquisition of land or water rights;
            (2) water resources planning, development, and 
        construction, including storage and irrigation;
            (3) agricultural development;
            (4) restoring or improving fish or wildlife habitat;
            (5) fish or wildlife production;
            (6) any other water storage project, land or land-related 
        project, or water or water-related project;
            (7) cultural preservation;
            (8)(A) the operation and maintenance of water and water-
        related projects; and
            (B) environmental compliance relating to those projects 
        constructed under this Act;
            (9) development and support of administrative 
        infrastructure to implement the Compact, the Birch Creek 
        Agreement, and this Act, including the development of the 
        tribal water code;
            (10) design and construction of water supply and sewer 
        systems and related facilities for tribal communities;
            (11) measures to address environmental conditions on the 
        Reservation; and
            (12) water-related economic development projects.
    (b) Management.--The Secretary shall manage the Fund in accordance 
with the American Indian Trust Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), this Act, and the Compact.
    (c) Investment.--The Secretary shall invest amounts in the Fund in 
accordance with--
            (1) the Act of April 1, 1880 (25 U.S.C. 161); and
            (2) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a).
    (d) No Fiscal Year Limitation.--Amounts made available under this 
Act shall be available for expenditure or withdrawal without fiscal 
year limitation.
    (e) Expenditures and Withdrawals.--
            (1) Tribal management plan.--
                    (A) In general.--The Tribe may withdraw any portion 
                of amounts in the Fund on approval by the Secretary of 
                a tribal management plan under the American Indian 
                Trust Fund Management Reform Act of 1994 (25 U.S.C. 
                4001 et seq.).
                    (B) Requirements.--In addition to the requirements 
                under that Act (25 U.S.C. 4001 et seq.), the tribal 
                management plan shall require that the Tribe shall use 
                any amounts withdrawn from the Fund for the purposes 
                described in subsection (a).
                    (C) Action by secretary.--The Secretary may take 
                judicial or administrative action to enforce the 
                provisions of a tribal management plan to ensure that 
                amounts withdrawn from the Fund under the plan are used 
                in accordance with this Act and the Compact.
                    (D) Liability.--On withdrawal by the Tribe of 
                amounts in the Fund, the Secretary and the Secretary of 
                the Treasury shall not retain liability for the 
                expenditure or investment of those amounts.
            (2) Expenditure plan.--
                    (A) In general.--The Tribe shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the amounts in the Fund that the Tribe does 
                not withdraw pursuant to this subsection.
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, the amounts remaining in the Fund will be used.
                    (C) Approval.--The Secretary shall approve an 
                expenditure plan under this paragraph if the Secretary 
                determines that the plan is--
                            (i) reasonable; and
                            (ii) consistent with this Act and the 
                        Compact.
            (3) Reports.--The Tribe shall submit to the Secretary an 
        annual report that describes each expenditure from the Fund 
        during the year covered by the report.
    (f) Per Capita Distributions.--No portion of the Fund or the income 
accruing to the Fund shall be distributed to any member of the Tribe on 
a per capita basis.

SEC. 9. BIRCH CREEK MITIGATION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Birch Creek Mitigation 
Fund'' (referred to in this section as the ``Fund'') to be used to 
mitigate the impacts of development of the tribal water right described 
in article III.C.1. of the Compact on the Birch Creek water supplies of 
the Pondera County Canal and Reservoir Company Project.
    (b) Management.--The Secretary, acting through the Commissioner of 
Reclamation, shall manage the Fund in accordance with this section.
    (c) Disbursement of Fund.--Amounts from the Fund may not be 
disbursed until the expiration of the term of the Birch Creek 
Agreement.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.

SEC. 10. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST.

    As part of the tribal water right, the Tribe shall hold the rights 
to water in the Lewis and Clark National Forest identified in the 
applicable claims filed by the United States on behalf of the Tribe, as 
those claims are finally decreed by the Montana Water Court.

SEC. 11. MILK RIVER WATER RIGHTS.

    (a) Identification of Alternatives.--The Secretary shall identify 
and implement alternatives to resolve any conflict between the Milk 
River water rights of the 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.
    (b) Agreement of Tribes.--The Secretary shall obtain the agreement 
of the Tribe and the Fort Belknap Indian Community to any alternative 
identified under subsection (a).
    (c) Funding.--Amounts used by the Secretary to implement any 
alternative identified under subsection (a) shall be in addition to the 
amounts authorized for the water rights settlements of the Tribe and 
the Fort Belknap Indian Community.

SEC. 12. WAIVERS AND RELEASES OF CLAIMS.

    (a) Waiver and Release of Claims by Tribe and United States as 
Trustee for Tribe.--As a condition for recognition of the tribal water 
right and other benefits under the Compact and this Act and subject to 
the retention of claims and rights under subsection (c), the Tribe and 
the United States, acting as trustee for the Tribe and the allottees, 
shall waive and release each claim for a water right that is or could 
be asserted in the civil action styled ``In the Matter of the 
Adjudication of the Existing and Reserved Rights to the Use of Water, 
Both Surface and Underground, of the Blackfeet Tribe of the Blackfeet 
Reservation within the State of Montana'' and numbered WC-91-1, except 
to the extent that such a claim is recognized in the Compact or this 
Act.
    (b) Claims Against United States.--As a condition of receiving the 
tribal water right and other benefits under the Compact and this Act 
and subject to the retention of claims and rights under subsection (c), 
the Tribe shall waive and release each claim against the United 
States--
            (1) for a water right that is or could be asserted in the 
        civil action referred to in subsection (a);
            (2) for failure to protect, acquire, replace, or develop 
        any water right that accrued as of the date of enactment of 
        this Act; or
            (3) arising from the negotiation or adoption of the 
        Compact.
    (c) Retention of Certain Claims and Rights.--Notwithstanding the 
waivers and releases required under this section, the Tribe and the 
United States, acting as trustee for the Tribe and the allottees, shall 
retain--
            (1) all claims for enforcement of--
                    (A) the Compact;
                    (B) any consent decree that settles a water right 
                claim of the Tribe; or
                    (C) this Act;
            (2) all rights to use and protect any water right acquired 
        after the date of enactment of this Act;
            (3) all claims to water rights filed by the United States 
        on behalf of the Tribe in Glacier National Park for rights 
        retained under the agreement dated September 19, 1895, and 
        ratified on June 10, 1896 (29 Stat. 321, chapter 398), unless 
        the water right claims are dismissed in their entirety on entry 
        of a final nonappelable decision by a court of competent 
        jurisdiction in any civil action to which the Tribe is a party;
            (4) all claims relating to activities affecting quality of 
        water; and
            (5) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to the 
        Compact or this Act.
    (d) Effective Date of Release and Waivers.--The waivers under 
subsection (a) shall take effect on the enforceability date.
    (e) Enforceability Date.--
            (1) In general.--The enforceability date is the date on 
        which the Secretary publishes in the Federal Register a 
        statement of findings that--
                    (A) all parties to the Compact have executed the 
                Compact;
                    (B) the Montana Water Court has issued a final 
                judgment and decree approving the Compact, or if the 
                Montana Water Court lacks jurisdiction, the United 
                States district court for the appropriate jurisdiction 
                has approved the Compact as a consent decree, and that 
                approval is final;
                    (C) the Compact has been ratified by a majority of 
                eligible members of the Tribe voting in a referendum 
                conducted by the Tribe pursuant to tribal law;
                    (D) the waivers and releases under subsection (a) 
                have been executed by the Tribe and the Secretary;
                    (E) the Tribe and the Secretary have entered into 
                the agreement described in section 5(a)(2)(A);
                    (F) the Secretary has fulfilled the requirements of 
                section 5(b)(1); and
                    (G) the amounts authorized to be appropriated under 
                section 14 have been appropriated.
            (2) Effect of failure to publish.--If the Secretary fails 
        to publish a statement of findings under paragraph (1) by 
        December 31, 2016, or such extended date as is agreed to by the 
        Tribe and the Secretary after reasonable notice to the State--
                    (A) the ratification of the Compact is void;
                    (B) the waivers and release of claims under this 
                Act are nullified;
                    (C) the authority provided by this Act shall 
                terminate; and
                    (D) any unexpended or uncommitted funds made 
                available under section 14 shall revert to the general 
                fund of the Treasury.
            (3) Tolling of claims.--
                    (A) In general.--Each applicable period of 
                limitation and time-based equitable defense relating to 
                a claim described in this section shall be tolled for 
                the period beginning on the date of enactment of this 
                Act and ending on the date on which the amounts 
                authorized to be appropriated to carry out this Act are 
                appropriated.
                    (B) Effect of subsection.--Nothing in this 
                subsection revives any claim or tolls any period of 
                limitation or time-based equitable defense that expired 
                before the date of enactment of this Act.
    (f) Effect.--Nothing in the Compact or this Act--
            (1) affects the ability of the United States to carry out 
        any action--
                    (A) authorized by law (including regulations), 
                including any law relating to health, safety, or the 
                environment (including the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), the Safe Drinking 
                Water Act (42 U.S.C. 300f et seq.), the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.), and the Solid Waste 
                Disposal Act (42 U.S.C. 6901 et seq.)); or
                    (B) as trustee for any other Indian tribe or the 
                allottees; or
            (2) confers jurisdiction on any State court--
                    (A) to enforce Federal environmental law regarding 
                the duties of the United States; or
                    (B) to conduct judicial review of a Federal agency 
                action.

SEC. 13. MISCELLANEOUS PROVISIONS.

    (a) Consent to Jurisdiction.--
            (1) In general.--Except as provided in paragraph (2), the 
        United States consents to the jurisdiction of--
                    (A) the Blackfeet-Montana Compact Board to achieve 
                resolution of any dispute under the Compact; and
                    (B) any court of competent jurisdiction for the 
                enforcement of a decision of that board.
            (2) Exception.--The consent of the United States to 
        jurisdiction under paragraph (1) does not extend to any civil 
        action for monetary damages, costs, or attorney's fees.
    (b) No Effect on Other Indian Tribes.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian tribe other than the Tribe.
    (c) No Major Federal Action.--The execution of the Compact by the 
Secretary shall not constitute a major Federal action under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) Compliance With Federal Law.--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 Federal environmental law 
        (including regulations).
    (e) Seeking Other Funds.--Nothing in this Act prohibits the Tribe 
from seeking additional funds for tribal programs or purposes or other 
funds from the United States or the State based on the status of the 
Tribe as an Indian tribe.
    (f) Acquisition and Exercise of Other Water Rights.--Nothing in 
this Act or the Compact precludes the acquisition or exercise of--
            (1) a State water right by the Tribe or any member of the 
        Tribe outside the Reservation through purchase of the right, 
        establishment of title to land outside the Reservation, or 
        submission of an application in accordance with State law, 
        except as provided in article III.J of the Compact; or
            (2) a Federal reserved water right associated with Federal 
        land outside the Reservation as the result of--
                    (A) the transfer of that land to the Tribe; or
                    (B) the establishment of title by the Tribe to the 
                land.
    (g) Objections to Claims.--Nothing in this Act or the Compact 
prohibits the Tribe, a member of the Tribe, 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.
    (h) Import and Storage in Basins.--Nothing in this Act or the 
Compact prevents the Tribe from participating in any project to import 
water to, or improve storage in, any basin affecting the Reservation.
    (i) Enforcement of Existing Law; Damage Claims.--Nothing in the 
Compact or this Act limits--
            (1) the ability of the United States, the State, or the 
        Tribe to enforce any Federal, State, or tribal law (including 
        common law) relating to the protection of the environment; or
            (2) the right to bring any claim of the Tribe, a member of 
        the Tribe, or an allottee, or of the United States on behalf of 
        the Tribe, a member of the Tribe, or an allottee, for--
                    (A) damage to water quality on the Reservation; or
                    (B) depletion of surface flows or groundwater.
    (j) No Precedent.--Nothing in this Act establishes a precedent in 
any civil action relating to--
            (1) a reserved water right; or
            (2) the interpretation or administration of any compact 
        between the United States and any State.
    (k) No Effect on Services or Programs for Indians.--No payment made 
or benefit provided pursuant to this Act shall result in the reduction 
or denial of any Federal service or program to any Indian tribe or 
member of an Indian tribe to which the Indian tribe or member is 
otherwise entitled or eligible for because of--
            (1) the status of the Tribe as a federally recognized 
        Indian tribe; or
            (2) the status of such a member as an Indian.
    (l) Preference.--Applications of the Tribe shall be given 
preference under section 7(a) of the Federal Power Act (16 U.S.C. 
800(a)) for issuance of any preliminary permit or license involving a 
Federal facility within the Reservation.
    (m) Conflicts Between Act and Compact.--If a provision of this Act 
conflicts with a provision of the Compact, the provision of this Act 
shall prevail.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) St. Mary River Allocation.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
section 5(a).
    (b) Blackfeet Irrigation Project.--There is authorized to be 
appropriated to the Secretary to carry out section 5(d) $125,000,000, 
adjusted as appropriate based on ordinary fluctuations during the 
period beginning on May 1, 2011, and ending on the date on which that 
amount is appropriated in construction cost indices applicable to the 
types of construction involved in the rehabilitation and improvement 
activities under that section.
    (c) Blackfeet Land and Water Development Fund.--There is authorized 
to be appropriated to the Secretary for deposit in the Blackfeet Land 
and Water Development Fund established by section 8(a) $93,200,000 for 
each of fiscal years 2012 through 2016.
    (d) Milk River Water Rights.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
section 11 (including the implementation of alternatives identified 
under subsection (a) of that section).
                                 <all>