[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Enrolled Bill (ENR)]
S.2040
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To exchange trust and fee land to resolve land disputes created by the
realignment of the Blackfoot River along the boundary of the Fort Hall
Indian Reservation, 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 ``Blackfoot River Land Exchange Act of
2014''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the Shoshone-Bannock Tribes, a federally recognized Indian
tribe with tribal headquarters at Fort Hall, Idaho--
(A) adopted a tribal constitution and bylaws on March 31,
1936, that were approved by the Secretary of the Interior on
April 30, 1936, pursuant to the Act of June 18, 1934 (25 U.S.C.
461 et seq.) (commonly known as the ``Indian Reorganization
Act'');
(B) has entered into various treaties with the United
States, including the Second Treaty of Fort Bridger, executed
on July 3, 1868; and
(C) has maintained a continuous government-to-government
relationship with the United States since the earliest years of
the Union;
(2)(A) in 1867, President Andrew Johnson designated by
Executive order the Fort Hall Reservation for various bands of
Shoshone and Bannock Indians;
(B) the Reservation is located near the cities of Blackfoot and
Pocatello in southeastern Idaho; and
(C) article 4 of the Second Treaty of Fort Bridger secured the
Reservation as a ``permanent home'' for the Shoshone-Bannock
Tribes;
(3)(A) according to the Executive order referred to in
paragraph (2)(A), the Blackfoot River, as the river existed in its
natural state--
(i) is the northern boundary of the Reservation; and
(ii) flows in a westerly direction along that northern
boundary; and
(B) within the Reservation, land use in the River watershed is
dominated by--
(i) rangeland;
(ii) dry and irrigated farming; and
(iii) residential development;
(4)(A) in 1964, the Corps of Engineers completed a local flood
protection project on the River--
(i) authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 170); and
(ii) sponsored by the Blackfoot River Flood Control
District No. 7;
(B) the project consisted of building levees, replacing
irrigation diversion structures, replacing bridges, and channel
realignment; and
(C) the channel realignment portion of the project severed
various parcels of land located contiguous to the River along the
boundary of the Reservation, resulting in Indian land being located
north of the Realigned River and non-Indian land being located
south of the Realigned River;
(5) beginning in 1999, the Cadastral Survey Office of the
Bureau of Land Management conducted surveys of--
(A) 25 parcels of Indian land; and
(B) 19 parcels of non-Indian land; and
(6) the enactment of this Act and separate agreements of the
parties would represent a resolution of the disputes described in
subsection (b)(1) among--
(A) the Tribes;
(B) the allottees; and
(C) the non-Indian landowners.
(b) Purposes.--The purposes of this Act are--
(1) to resolve the land ownership and land use disputes
resulting from realignment of the River by the Corps of Engineers
during calendar year 1964 pursuant to the project described in
subsection (a)(4)(A); and
(2) to achieve a final and fair solution to resolve those
disputes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Allottee.--The term ``allottee'' means an heir of an
original allottee of the Reservation who owns an interest in a
parcel of land that is--
(A) held in trust by the United States for the benefit of
the allottee; and
(B) located north of the Realigned River within the
exterior boundaries of the Reservation.
(2) Blackfoot river flood control district no. 7.--The term
``Blackfoot River Flood Control District No. 7'' means the
governmental subdivision in the State of Idaho, located at 75 East
Judicial, Blackfoot, Idaho, that--
(A) is responsible for maintenance and repair of the
Realigned River; and
(B) represents the non-Indian landowners relating to the
resolution of the disputes described in section 2(b)(1) in
accordance with this Act.
(3) Indian land.--The term ``Indian land'' means any parcel of
land that is--
(A) held in trust by the United States for the benefit of
the Tribes or the allottees;
(B) located north of the Realigned River; and
(C) identified in exhibit A of the survey of the Bureau of
Land Management entitled ``Survey of the Blackfoot River of
2002 to 2005'', which is located at--
(i) the Fort Hall Indian Agency office of the Bureau of
Indian Affairs; and
(ii) the Blackfoot River Flood Control District No. 7.
(4) Non-indian land.--The term ``non-Indian land'' means any
parcel of fee land that is--
(A) located south of the Realigned River; and
(B) identified in exhibit B, which is located at the areas
described in clauses (i) and (ii) of paragraph (3)(C).
(5) Non-indian landowner.--The term ``non-Indian landowner''
means any individual who holds fee title to non-Indian land and is
represented by the Blackfoot River Flood Control District No. 7 for
purposes of this Act.
(6) Realigned river.--The term ``Realigned River'' means that
portion of the River that was realigned by the Corps of Engineers
during calendar year 1964 pursuant to the project described in
section 2(a)(4)(A).
(7) Reservation.--The term ``Reservation'' means the Fort Hall
Reservation established by Executive order during calendar year
1867 and confirmed by treaty during calendar year 1868.
(8) River.--The term ``River'' means the Blackfoot River
located in the State of Idaho.
(9) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(10) Tribes.--The term ``Tribes'' means the Shoshone-Bannock
Tribes.
SEC. 4. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON-INDIAN OWNED LANDS.
(a) Release of Claims.--Effective on the date of enactment of this
Act--
(1) all existing and future claims with respect to the Indian
land and the non-Indian land and all right, title, and interest
that the Tribes, allottees, non-Indian landowners, and the
Blackfoot River Flood Control District No. 7 may have had to that
land shall be extinguished;
(2) any interest of the Tribes, the allottees, or the United
States, acting as trustee for the Tribes or allottees, in the
Indian land shall be extinguished under section 2116 of the Revised
Statutes (commonly known as the ``Indian Trade and Intercourse
Act'') (25 U.S.C. 177); and
(3) to the extent any interest in non-Indian land transferred
into trust pursuant to section 5 violates section 2116 of the
Revised Statutes (commonly known as the ``Indian Trade and
Intercourse Act'') (25 U.S.C. 177), that transfer shall be valid,
subject to the condition that the transfer is consistent with all
other applicable Federal laws (including regulations).
(b) Documentation.--The Secretary may execute and file any
appropriate documents (including a plat or map of the transferred
Indian land) that are suitable for filing with the Bingham County clerk
or other appropriate county official, as the Secretary determines
necessary to carry out this Act.
SEC. 5. NON-INDIAN LAND TO BE PLACED INTO TRUST FOR TRIBES.
Effective on the date of enactment of this Act, the non-Indian land
shall be considered to be held in trust by the United States for the
benefit of the Tribes.
SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall transfer the Indian land to the
Blackfoot River Flood Control District No. 7 for use or sale in
accordance with subsection (b).
(b) Use of Land.--
(1) In general.--The Blackfoot River Flood Control District No.
7 shall use any proceeds from the sale of land described in
subsection (a) according to the following priorities:
(A) To compensate, at fair market value, each non-Indian
landowner for the net loss of land to that non-Indian landowner
resulting from the implementation of this Act.
(B) To compensate the Blackfoot River Flood Control
District No. 7 for any administrative or other expenses
relating to carrying out this Act.
(2) Remaining land.--If any land remains to be conveyed or
proceeds remain after the sale of the land, the Blackfoot River
Flood Control District No. 7 may dispose of that remaining land or
proceeds as the Blackfoot River Flood Control District No. 7
determines to be appropriate.
SEC. 7. EFFECT ON ORIGINAL RESERVATION BOUNDARY.
Nothing in this Act affects the original boundary of the
Reservation, as established by Executive order during calendar year
1867 and confirmed by treaty during calendar year 1868.
SEC. 8. EFFECT ON TRIBAL WATER RIGHTS.
Nothing in this Act extinguishes or conveys any water right of the
Tribes, as established in the agreement entitled ``1990 Fort Hall
Indian Water Rights Agreement'' and ratified by section 4 of the Fort
Hall Indian Water Rights Act of 1990 (Public Law 101-602; 104 Stat.
3060).
SEC. 9. EFFECT ON CERTAIN OBLIGATIONS.
(a) In General.--Except as provided in subsection (b), nothing in
this Act affects the obligation of Blackfoot River Flood Control
District No. 7 to maintain adequate rights-of-way for the operation and
maintenance of the local flood protection projects described in section
2(a)(4) pursuant to agreements between the Blackfoot River Flood
Control District No. 7 and the Corps of Engineers.
(b) Restriction on Fees.--Any land conveyed to the Tribes pursuant
to this Act shall not be subject to fees assessed by Blackfoot River
Flood Control District No. 7.
SEC. 10. DISCLAIMERS REGARDING CLAIMS.
Nothing in this Act--
(1) affects in any manner the sovereign claim of the State of
Idaho to title in and to the beds and banks of the River under the
equal footing doctrine of the Constitution of the United States;
(2) affects any action by the State of Idaho to establish the
title described in paragraph (1) under section 2409a of title 28,
United States Code (commonly known as the ``Quiet Title Act'');
(3) affects the ability of the Tribes or the United States to
claim ownership of the beds and banks of the River; or
(4) extinguishes or conveys any water rights of non-Indian
landowners or the claims of those landowners to water rights in the
Snake River Basin Adjudication.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.