[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Reported in Senate (RS)]

                                                       Calendar No. 530
113th CONGRESS
  2d Session
                                S. 2040

                          [Report No. 113-242]

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2014

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

               August 5 (legislative day, August 1), 2014

               Reported by Mr. Tester, without amendment

_______________________________________________________________________

                                 A BILL


 
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. 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.
                                                       Calendar No. 530

113th CONGRESS

  2d Session

                                S. 2040

                          [Report No. 113-242]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

               August 5 (legislative day, August 1), 2014

                       Reported without amendment