[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 434 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 434

To authorize and implement the water rights compact among the Blackfeet 
Tribe of the Blackfeet Indian Reservation and the State of Montana, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2013

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 authorize and implement the water rights compact among the Blackfeet 
Tribe of the Blackfeet Indian Reservation and the State of Montana, 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 2013''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        claims to water rights in the State of Montana for--
                    (A) the Blackfeet Tribe of the Blackfeet Indian 
                Reservation; and
                    (B) the United States, for the benefit of the Tribe 
                and allottees;
            (2) to approve, ratify, and confirm the water rights 
        compact entered into by the Tribe and the State, to the extent 
        that the Compact is consistent with this Act;
            (3) to require the Secretary of the Interior--
                    (A) to execute the Compact; and
                    (B) to carry out any other activity necessary to 
                carry out the Compact in accordance with this Act; and
            (4) to authorize funds necessary for the implementation of 
        the Compact and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Allottee.--The term ``allottee'' means any individual 
        who holds a beneficial real property interest in an allotment 
        of Indian land that is--
                    (A) located within the Reservation; and
                    (B) held in trust by the United States.
            (2) Available st. mary water.--The term ``available St. 
        Mary water'' means--
                    (A) water from the St. Mary River allocated to the 
                United States under the International Boundary Waters 
                Treaty of 1909 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--
                    (A) the agreement between the Tribe and the State 
                regarding Birch Creek water use dated January 31, 2008, 
                as amended on February 13, 2009; and
                    (B) any amendment or exhibit (including exhibit 
                amendments) to that agreement that is executed in 
                accordance with this Act.
            (4) Birch creek mitigation project.--The term ``Birch Creek 
        Mitigation Project'' means the project necessary to provide 
        water from Four Horns Reservoir to State water rights users on 
        Birch Creek in fulfillment of the obligations of the Tribe 
        under the Birch Creek Agreement.
            (5) Blackfeet irrigation project.--The term ``Blackfeet 
        Irrigation Project'' means the irrigation project 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.
            (6) Compact.--The term ``Compact'' means--
                    (A) the Blackfeet-Montana water rights compact 
                dated December 14, 2007, as contained in section 85-20-
                1501 of the Montana Code Annotated (2011); and
                    (B) any amendment or exhibit (including exhibit 
                amendments) to the Compact that is executed in 
                accordance with this Act.
            (7) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 19(e).
            (8) 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).
            (9) Milk river basin.--The term ``Milk River basin'' means 
        the main stem of the Milk River (including tributaries), from 
        the headwaters of that river to the confluence with the 
        Missouri River.
            (10) 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.
            (11) Milk river project water right.--The term ``Milk River 
        Project water right'' means the water right held by the Bureau 
        of Reclamation on behalf of the Milk River Project, as finally 
        adjudicated by the Montana Water Court.
            (12) Milk river water right.--The term ``Milk River water 
        right'' means the Milk River water right of the Tribe as 
        established in article III.F of the Compact.
            (13) Missouri river basin.--The term ``Missouri River 
        basin'' means the hydrologic basin of the Missouri River 
        (including tributaries).
            (14) MR&I system.--The term ``MR&I System'' means--
                    (A) the intake, treatment, pumping, storage, 
                pipelines, appurtenant items, and real property, as 
                generally described in the document entitled 
                ``Blackfeet Regional Water System Report'', prepared by 
                DOWL HKM, and dated June 2010, and updated in the 
                memorandum entitled ``Blackfeet Regional Water System 
                Potential Cost Modifications'', prepared by DOWL HKM, 
                and dated November 3, 2011; and
                    (B) the existing public water systems improved 
                under subparagraph (A).
            (15) OM&R.--The term ``OM&R'' means--
                    (A) any recurring or ongoing activity associated 
                with the day-to-day operation of a project;
                    (B) any activity relating to scheduled or 
                unscheduled maintenance of a project; and
                    (C) any activity relating to replacing a feature of 
                a project.
            (16) 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.
            (17) Reservation.--The term ``Reservation'' means the 
        Blackfeet Indian Reservation of Montana, as in existence on the 
        date of enactment of this Act.
            (18) St. mary river water right.--The term ``St. Mary River 
        water right'' means the water right of the Tribe in the St. 
        Mary River as established by article III.G.1.a.i. of the 
        Compact and implemented in accordance with article IV.D.4 of 
        the Compact and this Act.
            (19) St. mary unit.--
                    (A) In general.--The term ``St. Mary Unit'' means 
                the St. Mary Storage Unit of the Milk River Project 
                authorized by Congress on March 25, 1905.
                    (B) Inclusions.--The term ``St. Mary Unit'' 
                includes--
                            (i) Sherburne Dam and Reservoir;
                            (ii) Swift Current Creek Dike;
                            (iii) Lower St. Mary Lake;
                            (iv) St. Mary Canal Diversion Dam; and
                            (v) St. Mary Canal and appurtenances.
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (21) State.--The term ``State'' means the State of Montana.
            (22) Tribal water code.--The term ``tribal water code'' 
        means the code adopted by the Tribe in the tribal ordinance 
        numbered 62 (as amended in accordance with the Compact and this 
        Act).
            (23) Tribal water right.--The term ``tribal water right'' 
        means the right of the Tribe to divert, use, or store water, as 
        established in--
                    (A) article III of the Compact;
                    (B) the allocation of water to the Tribe from Lake 
                Elwell pursuant to section 8; and
                    (C) any allocation of water to the Tribe pursuant 
                to this Act in fulfillment of the water rights of the 
                Tribe.
            (24) Tribe.--The term ``Tribe'' means the Blackfeet Tribe 
        of the Blackfeet Indian Reservation.

SEC. 4. MILK RIVER WATER RIGHT.

    (a) Resolution Alternatives.--
            (1) In general.--Not later than 10 years after the 
        enforceability date, the Tribe shall identify, and discuss with 
        the Fort Belknap Indian Community, alternatives to resolve any 
        conflict between the Milk River water right and the Milk River 
        water right of the Fort Belknap Indian Community.
            (2) Action by secretary.--The Secretary shall--
                    (A) facilitate discussions between the Tribe and 
                the Fort Belknap Indian Community under paragraph (1); 
                and
                    (B) provide technical assistance to the Tribe and 
                the Fort Belknap Indian Community to carry out 
                paragraph (1).
            (3) Uses by tribe.--During the 10-year period described in 
        paragraph (1), the Tribe may--
                    (A) continue the present and historical uses of 
                water by the Tribe; and
                    (B) exercise any State water rights in the Milk 
                River basin possessed or acquired by the Tribe.
    (b) Secretarial Determination.--If the Tribe and the Fort Belknap 
Indian Community are unable to reach an agreement on appropriate 
alternatives to resolve any conflicts during the period described in 
subsection (a)(1), the Secretary shall identify and implement 
alternatives to resolve any conflict between the Milk River water right 
and the Milk River right of the Fort Belknap Indian Community, subject 
to the conditions that--
            (1) the Secretary shall consult with the Tribe and the Fort 
        Belknap Indian Community in identifying the alternatives; and
            (2) the Tribe and the Fort Belknap Indian Community shall 
        agree to the alternatives identified by the Secretary.

SEC. 5. ST. MARY RIVER WATER RIGHT.

    (a) In General.--Pursuant to article IV.D.4 of the Compact, the 
Secretary, acting through the Commissioner of Reclamation, shall carry 
out the activities authorized by this section relating to the St. Mary 
River water right.
    (b) Water Delivery Contract.--
            (1) In general.--Not later than 180 days after the 
        enforceability date, the Secretary shall enter into a water 
        delivery contract with the Tribe for the delivery of 5,000 
        acre-feet per year of the St. Mary River water right through 
        Milk River Project facilities to the Tribe or another entity 
        specified by the Tribe.
            (2) Terms and conditions.--The contract under paragraph (1) 
        shall establish the terms and conditions for the water 
        deliveries described in paragraph (1) in accordance with the 
        Compact and this Act.
            (3) Requirements.--The water delivery contract under 
        paragraph (1) shall include provisions requiring that--
                    (A) the contract shall be without limit as to term;
                    (B) the Tribe, and not the United States, shall 
                collect, and shall be entitled to, all consideration 
                due to the Tribe under any lease, contract, or 
                agreement entered into by the Tribe pursuant to 
                subsection (e);
                    (C) the United States shall have no obligation to 
                monitor, administer, or account for--
                            (i) any funds received by the Tribe as 
                        consideration under any lease, contract, or 
                        agreement entered into by the Tribe pursuant to 
                        subsection (e); or
                            (ii) the expenditure of such funds;
                    (D) if water deliveries under the contract are 
                interrupted for an extended period of time because of 
                damage to, or a reduction in the capacity of, St. Mary 
                Unit facilities, the rights of the Tribe shall be 
                treated the same as the rights of other contractors 
                receiving water deliveries through the Milk River 
                Project with respect to the water delivered under this 
                section;
                    (E) the Tribe shall not be required to pay 
                operation, maintenance, or replacement costs for the 
                water delivered under this section;
                    (F) deliveries of water under this section shall be 
                made at such times at which, and to such places to 
                which, the Bureau of Reclamation can deliver water 
                without additional cost to the Bureau; and
                    (G)(i) the 5,000 acre-feet per year of water 
                delivered under this section shall not be subject to 
                shortage sharing or reduction; and
                    (ii) notwithstanding article IV.D.4 of the Compact, 
                any reduction in the Milk River Project water supply 
                caused by the delivery of water under this section 
                shall not constitute injury to Milk River Project water 
                users.
    (c) Additional Water.--
            (1) In general.--If the Secretary determines that there is 
        available St. Mary water, the Secretary shall enter into a 
        contract with the Tribe for the delivery of the available St. 
        Mary water subject to the requirements described in subsection 
        (b)(3) and this subsection.
            (2) Rehabilitation.--Additional water made available 
        through any rehabilitation of the St. Mary Unit shall be 
        considered to be available St. Mary water for purposes of this 
        Act and the Compact.
            (3) Enlargement.--Additional water made available through 
        any enlargement of the St. Mary Canal--
                    (A) shall not be considered to be a part of the 
                Milk River Project water right; and
                    (B) shall be made available to the Tribe as part of 
                the St. Mary River water right.
    (d) Trust Fund Payments.--In consideration for the deferral of the 
delivery of the quantity in excess of the 5,000 acre-feet per year of 
water specified in subsection (b)(1), the United States shall pay to 
the Tribe $27,800,000, which shall be invested and managed in 
accordance with section 17(d).
    (e) Subcontracts.--
            (1) In general.--The Tribe may enter into any subcontract 
        for the delivery of water under this section to a third party, 
        in accordance with section 16.
            (2) Compliance with other law.--A subcontract described in 
        paragraph (1) shall comply with the Compact, this Act, and any 
        other applicable law.
            (3) No liability.--The Secretary shall not be liable to any 
        party, including the Tribe, for any term of, or any loss or 
        other detriment resulting from, a lease, contract, or other 
        agreement entered into pursuant to this subsection.

SEC. 6. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER MANAGEMENT.

    (a) Milk River Project Purposes.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        purposes of the Milk River Project shall include--
                    (A) irrigation;
                    (B) flood control;
                    (C) the protection of fish and wildlife;
                    (D) recreation;
                    (E) the provision of municipal, rural, and 
                industrial water supply; and
                    (F) hydroelectric power generation.
            (2) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall not increase any water use by 
                the Milk River Project as a result of the purposes 
                described in paragraph (1) beyond the quantity of water 
                use authorized by valid contracts in effect on the date 
                of enactment of this Act, until the St. Mary River 
                water right is fulfilled.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                any contract entered into by the Secretary and the 
                Tribe under subsection (b) or (c) of section 5.
            (3) Beneficial use by tribe.--In addition to the purposes 
        described in paragraph (1), use of Milk River Project 
        facilities to transport water for the Tribe pursuant to 
        subsections (b), (c), and (e) of section 5, together with any 
        use by the Tribe of such water in accordance with the tribal 
        water code--
                    (A) shall be considered to be an authorized purpose 
                of the Milk River Project; and
                    (B) shall not change the priority date of any 
                tribal water right.
    (b) St. Mary River Feasibility Study.--
            (1) In general.--Subject to paragraph (2), the Secretary, 
        acting through the Commissioner of Reclamation, in cooperation 
        with the Tribe and the State, shall conduct a study--
                    (A) to evaluate the feasibility of alternatives for 
                the rehabilitation of the St. Mary Unit;
                    (B) to identify alternatives to provide additional 
                St. Mary River water and Milk River water to the Tribe;
                    (C) to evaluate the feasibility of the development 
                of increased storage in Fresno Reservoir;
                    (D) to establish a cost allocation based on the 
                purposes described in this section; and
                    (E) to develop a plan for the management and 
                development of water supplies in the St. Mary River 
                basin and the Milk River basin.
            (2) Consultation.--Before conducting the study under this 
        subsection, and regularly during the course of the study, the 
        Secretary shall consult with the Tribe, the State, and the Milk 
        River Project users concerning the identification of 
        alternatives to make additional water available to the Tribe in 
        fulfillment of the St. Mary River water right and the Milk 
        River water right for delivery through the St. Mary Unit or 
        from direct flow.
            (3) Submission to congress.--Not later than 3 years after 
        the date on which funds are made available to carry out this 
        Act, the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report describing 
        the results of the study under this subsection.
            (4) Costs nonreimbursable.--The cost of the study under 
        this subsection shall not be--
                    (A) considered to be a project cost; or
                    (B) reimbursable in accordance with the Federal 
                reclamation laws.
    (c) Consultation With Tribe.--Not later than 1 year after the date 
of enactment of this Act, and not less frequently than annually 
thereafter, the Commissioner of Reclamation shall consult with the 
Tribe regarding the management of the St. Mary Unit by the Bureau of 
Reclamation.
    (d) Swift Current Creek Bank Stabilization.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, but not later than 5 years after the 
        enforceability date, the Secretary, acting through the 
        Commissioner of Reclamation, shall carry out appropriate 
        activities to implement the Swift Current Creek Bank 
        stabilization project.
            (2) Scope.--The scope of the activities conducted under 
        this subsection shall be as generally described in the document 
        entitled ``Boulder/Swiftcurrent Creek Stabilization Project, 
        Phase II Investigations Report'', prepared by DOWL HKM, and 
        dated January 2012 (as updated or amended by the phase III 
        report).
    (e) Milk River Project Rights-of-Way and Easements.--As soon as 
practicable after the date of enactment of this Act, but not later than 
the enforceability date, the Secretary shall offer to enter into an 
agreement with the Tribe to establish a process to resolve any issues 
associated with the location and extent of the Federal rights-of-way, 
easements, and other property interests in and to the Milk River 
Project that are located on land of the Tribe.
    (f) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $25,200,000, 
including--
            (1) $1,700,000 for a right-of-way survey;
            (2) $3,800,000 for the St. Mary River feasibility study 
        under subsection (b); and
            (3) $19,700,000 for the Swift Current Creek Bank 
        stabilization project under subsection (d).

SEC. 7. ST. MARY CANAL HYDROELECTRIC POWER GENERATION.

    (a) In General.--The Tribe shall have the exclusive right to 
develop and market hydroelectric power from St. Mary Unit facilities.
    (b) Bureau of Reclamation Cooperation.--The Commissioner of 
Reclamation shall cooperate with the Tribe in the development of any 
hydroelectric power generation project under this section.
    (c) Agreement.--Before construction of a hydroelectric power 
generation project under this section, the Tribe shall enter into an 
agreement with the Commissioner of Reclamation that includes provisions 
requiring that--
            (1) the design, construction, and operation of the project 
        shall be consistent with the Bureau of Reclamation guidelines 
        and methods for hydroelectric power development at Bureau 
        facilities, as appropriate;
            (2) the hydroelectric power generation project shall be 
        compatible with the operations of the Milk River Project, 
        including agreements--
                    (A) regarding operating criteria and emergency 
                procedures; and
                    (B) under which any modification proposed by the 
                Tribe to a facility owned by the Bureau of Reclamation 
                shall be subject to review and approval by the 
                Secretary, acting through the Commissioner of 
                Reclamation;
            (3) the Tribe shall receive credit for any cost savings 
        resulting from an activity for rehabilitation of the St. Mary 
        Canal if the Tribe constructs a hydroelectric facility in 
        conjunction with the rehabilitation activity; and
            (4) beginning on the date that is 10 years after the date 
        on which the Tribe begins marketing hydroelectric power 
        generated from the St. Mary Unit, the Tribe shall make annual 
        payments for operation, maintenance, and replacement costs 
        attributable to the direct use of any facilities by the Tribe 
        for hydroelectric power generation in amounts determined in 
        accordance with the guidelines and methods of the Bureau of 
        Reclamation for assessing operation, maintenance, and 
        replacement charges.
    (d) Use of Hydroelectric Power by Tribe.--Any hydroelectric power 
generated in accordance with this section shall be used or marketed by 
the Tribe.
    (e) Revenues.--The Tribe shall collect and retain any revenues from 
the sale of hydroelectric power generated by a project under this 
section.
    (f) Liability of United States.--The United States shall have no 
obligation to monitor, administer, or account for--
            (1) any revenues received by the Tribe under this section; 
        or
            (2) the expenditure of such revenues.

SEC. 8. STORAGE ALLOCATION FROM LAKE ELWELL.

    (a) Storage Allocation to Tribe.--The Secretary shall allocate to 
the Tribe 56,000 acre-feet per year of water stored in Lake Elwell for 
use by the Tribe for any beneficial purpose on or off the Reservation, 
under a water right held by the United States and managed by the Bureau 
of Reclamation, as measured at the outlet works of Tiber Dam or through 
direct pumping from Lake Elwell.
    (b) Treatment.--
            (1) In general.--The allocation to the Tribe under 
        subsection (a) shall be considered to be part of the tribal 
        water right.
            (2) Priority date.--The priority date of the allocation to 
        the Tribe under subsection (a) shall be the priority date of 
        the Lake Elwell water right held by the Bureau of Reclamation.
            (3) Administration.--
                    (A) In general.--The Tribe shall administer the 
                water allocated under subsection (a) in accordance with 
                the Compact and this Act.
                    (B) Temporary transfer.--In accordance with 
                subsection (d), the Tribe may temporarily transfer by 
                service contract, lease, exchange, or other agreement 
                the water allocated under subsection (a) off the 
                Reservation, subject to the approval of the Secretary 
                and the requirements of the Compact.
    (c) Allocation Agreement.--
            (1) In general.--As a condition of receiving an allocation 
        under this section, the Tribe shall enter into an agreement 
        with the Secretary to establish the terms and conditions of the 
        allocation, in accordance with the Compact and this Act.
            (2) Inclusions.--The agreement under paragraph (1) shall 
        include provisions that--
                    (A) the agreement shall be without limit as to 
                term;
                    (B) the Tribe, and not the United States, shall be 
                entitled to all consideration due to the Tribe under 
                any lease, contract, or agreement entered into by the 
                Tribe pursuant to subsection (d);
                    (C) the United States shall have no obligation to 
                monitor, administer, or account for--
                            (i) any funds received by the Tribe as 
                        consideration under any lease, contract, or 
                        agreement entered into by the Tribe pursuant to 
                        subsection (d); or
                            (ii) the expenditure of such funds;
                    (D) if the capacity or function of Lake Elwell 
                facilities are significantly reduced, or are 
                anticipated to be significantly reduced, for an 
                extended period of time, the Tribe shall have the same 
                storage rights as other storage contractors with 
                respect to the allocation under this section;
                    (E) the costs associated with the construction of 
                the storage facilities at Tiber Dam allocable to the 
                Tribe shall be--
                            (i) nonreimbursable; and
                            (ii) excluded from any repayment obligation 
                        of the Tribe;
                    (F) no water service capital charge shall be due or 
                payable for any water allocated to the Tribe pursuant 
                to this section or the allocation agreement, regardless 
                of whether that water is delivered for use by the Tribe 
                or under a lease, contract, or by agreement entered 
                into by the Tribe pursuant to subsection (b)(3)(B);
                    (G) the Tribe shall not be required to make 
                payments to the United States for any water allocated 
                to the Tribe under this Act or the allocation 
                agreement, except for each acre-foot of stored water 
                leased or sold for industrial purposes as described in 
                subparagraph (H); and
                    (H) for each acre-foot of stored water leased or 
                sold by the Tribe for industrial purposes--
                            (i) the Tribe shall pay annually to the 
                        United States an amount necessary to cover the 
                        proportional share of the annual operation, 
                        maintenance, and replacement costs allocable to 
                        the quantity of water leased or sold by the 
                        Tribe for industrial purposes; and
                            (ii) the annual payments of the Tribe shall 
                        be reviewed and adjusted, as appropriate, to 
                        reflect the actual operation, maintenance, and 
                        replacement costs for Tiber Dam.
    (d) 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 subsection (a) if--
            (1) the use of water that is the subject of such an 
        agreement occurs within the Missouri River basin; and
            (2) the agreement does not permanently alienate any portion 
        of the water allocated to the Tribe under subsection (a).
    (e) Effective Date.--The allocation under subsection (a) takes 
effect on the enforceability date.
    (f) Prohibition on Increase.--The allocation under subsection (a) 
shall not be increased by any year-to-year carryover storage.
    (g) Development and Delivery Costs.--The United States shall not be 
required to pay the cost of developing or delivering to the Reservation 
any water allocated under this section.

SEC. 9. BLACKFEET IRRIGATION PROJECT.

    (a) In General.--Notwithstanding any other provision of law, and 
without altering applicable law (including regulations) under which the 
Bureau of Indian Affairs collects assessments and carries out Blackfeet 
Irrigation Project OM&R (other than the maintenance and improvements 
carried out under this section), the Secretary, acting through the 
Commissioner of Reclamation, shall carry out the following 
responsibilities of the United States relating to the Blackfeet 
Irrigation Project:
            (1) Deferred maintenance.
            (2) Dam safety improvements for Four Horns Dam.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activities under this section.
    (c) Scope.--The scope of the deferred maintenance activities and 
Four Horns Dam safety improvements shall be as generally described in 
the document entitled ``Engineering Evaluation and Condition 
Assessment, Blackfeet Irrigation Project'', prepared by DOWL HKM, and 
dated August 2007, subject to the condition that, before commencing 
construction activities, the Secretary shall--
            (1) review the design of the proposed rehabilitation or 
        improvement; and
            (2) perform value engineering analyses.
    (d) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $37,900,000.

SEC. 10. BIRCH CREEK MITIGATION PROJECT.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall carry out activities to provide mitigation water for 
Birch Creek water users from Four Horns Reservoir, in accordance with 
the Birch Creek Agreement.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activities under this section.
    (c) Scope.--
            (1) In general.--The scope of the rehabilitation and 
        improvements shall be as generally described in the document 
        entitled ``Four Horns Feeder Canal Rehabilitation with 
        Export'', prepared by DOWL HKM, and dated May 31, 2012, subject 
        to the condition that, before commencing construction 
        activities, the Secretary shall--
                    (A) review the design of the proposed 
                rehabilitation or improvement; and
                    (B) perform value engineering analyses.
            (2) Inclusions.--The activities carried out by the 
        Secretary under this section shall include--
                    (A) the rehabilitation or improvement of the Four 
                Horns feeder canal system to a capacity of not less 
                than 360 cubic feet per second;
                    (B) the rehabilitation or improvement of the outlet 
                works of Four Horns Dam and Reservoir to deliver 15,000 
                acre-feet of water per year, in accordance with 
                subparagraph (C); and
                    (C) construction of facilities to deliver 15,000 
                acre-feet of water per year from 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 on Birch Creek, in accordance 
                with the Birch Creek Agreement.
            (3) Costs.--The costs to construct facilities under this 
        subsection--
                    (A) shall not be paid by the United States; and
                    (B) shall be nonreimbursable.
            (4) Negotiation with tribe.--On the basis of the review 
        described in paragraph (1)(A), the Secretary shall negotiate 
        with the Tribe appropriate changes to the final design of any 
        activity under this subsection to ensure that the final design 
        meets applicable industry standards.
    (d) Funding.--No part of the project under this section shall be 
commenced until the State has appropriated and made available 
$34,000,000 to carry out this section.

SEC. 11. 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 Birch Creek Agreement.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 12. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall plan, design, and construct the MR&I System in 
accordance with 1 or more agreements between the Secretary and the 
Tribe.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activity to design and construct the MR&I 
System.
    (c) Scope.--
            (1) In general.--The scope of the design and construction 
        under this section shall be as generally described in the 
        document entitled ``Blackfeet Regional Water System Report'', 
        prepared by DOWL HKM, and dated June 2010, and updated in a 
        memorandum entitled ``Blackfeet Regional Water System Potential 
        Cost Modifications'', prepared by DOWL HKM, and dated November 
        3, 2011, subject to the condition that, before commencing final 
        design and construction activities, the Secretary shall--
                    (A) review the design of the proposed MR&I System; 
                and
                    (B) perform value engineering analyses and 
                appropriate Federal compliance activities.
            (2) Negotiation with tribe.--On the basis of the review 
        described in paragraph (1)(A), the Secretary shall negotiate 
        with the Tribe appropriate changes to the final design--
                    (A) to ensure that the final design meets 
                applicable industry standards; and
                    (B) to improve the cost-effectiveness of the 
                delivery of MR&I System water.
    (d) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (e) Funding.--The total amount of funding to carry out this section 
shall not exceed $76,200,000.
    (f) Non-Federal Contribution.--
            (1) In general.--Prior to completion of the final design of 
        the MR&I System required by subsection (c), the Secretary shall 
        consult with the Tribe, the State, and other affected non-
        Federal parties to discuss the practicability of receiving non-
        Federal contributions for the cost of the MR&I System.
            (2) Negotiations.--If, based on the extent to which non-
        Federal parties are expected to use the MR&I System, a non-
        Federal contribution to the MR&I System is determined to be 
        appropriate under paragraph (1), the Secretary shall initiate 
        negotiations for an agreement regarding the means by which such 
        contributions shall be provided.

SEC. 13. BLACKFEET WATER, STORAGE, AND DEVELOPMENT PROJECTS.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall carry out such activities as are necessary to 
construct the Blackfeet water, storage, and development projects, in 
accordance with an agreement to be negotiated between the Secretary and 
the Tribe.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activity to rehabilitate or improve the 
water diversion or delivery features of the Blackfeet water, storage, 
and development projects.
    (c) Scope.--
            (1) In general.--The scope of the construction under this 
        section shall be as generally described in the document 
        entitled ``Blackfeet Water Storage, Development, and Projects 
        Report'', prepared by DOWL HKM, and dated July 16, 2012, and 
        any modifications or revisions to the report, subject to the 
        condition that, before commencing construction activities, the 
        Secretary shall--
                    (A) review the design of the proposed 
                rehabilitation or improvement; and
                    (B) perform value engineering analyses.
            (2) Negotiation with tribe.--On the basis of the review 
        described in paragraph (1)(A), the Secretary shall negotiate 
        with the Tribe appropriate changes to the projects, including 
        final design--
                    (A) to ensure that the final design meets 
                applicable industry standards;
                    (B) to improve the use, management, and 
                administration of tribal water for irrigation and other 
                purposes; and
                    (C) to take into consideration the equitable 
                distribution of water to allottees.
    (d) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (e) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $178,300,000.

SEC. 14. TRIBAL IMPLEMENTATION AGREEMENTS. --

     (a) Applicability of ISDEAA.--At the request of the Tribe and in 
accordance with the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more 
agreements with the Tribe to carry out sections 9, 10, 12, and 13.
    (b) Administration.--The Commissioner of Reclamation and the Tribe 
shall negotiate the cost of any oversight activity carried out by the 
Bureau of Reclamation under any agreement entered into under subsection 
(a), subject to the condition that the total cost for the oversight 
shall not exceed 4 percent of the total project costs for each project.
    (c) Acquisition of Land.--
            (1) Tribal easements and rights-of-way.--On request of the 
        Secretary, and in partial consideration for the funding 
        provided under section 17(k), the Tribe shall consent to the 
        grant of such easements and rights-of-way over tribal land as 
        are necessary for the construction of the projects authorized 
        by sections 9, 10, 12, and 13, at no cost to the United States.
            (2) Land acquired by united states.--Land acquired by the 
        United States or the Tribe in connection with the construction 
        of the projects authorized by sections 9, 10, 12, and 13 shall 
        be held in trust by the United States on behalf of the Tribe as 
        part of the Reservation.
    (d) Transfer of Title.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary may transfer to the Tribe, at no cost, any 
        title held by the United States in and to each facility, asset, 
        or other property of each of the projects authorized under 
        sections 9, 10, 12, and 13 in accordance with paragraph (2).
            (2) Conveyance to tribe.--The Secretary shall convey to the 
        Tribe title in and to the projects authorized by sections 9, 
        10, 12, and 13 not later than 30 days after the date on which 
        the Secretary publishes in the Federal Register a statement of 
        findings that--
                    (A) the Tribe has passed a resolution requesting 
                that the Secretary transfer to the Tribe any title held 
                by the United States in and to the property or 
                facilities of the projects under section 9, 10, 11, or 
                12; and
                    (B) the Secretary has provided to the Tribe--
                            (i) a report regarding the condition of the 
                        project; and
                            (ii) technical assistance regarding the 
                        operation and maintenance of the projects, 
                        including operation and maintenance training.
            (3) Ownership.--On transfer of title under paragraph (1), 
        the projects or any portion of the projects transferred under 
        paragraph (2) shall be considered to be owned, operated, and 
        managed by the Tribe.
    (e) Authority of Tribe.--On transfer of title to the project or any 
portion of a project or facility to the Tribe in accordance with 
subsection (d), or on assumption of the operation of the project by the 
Tribe, the Tribe may collect--
            (1) OM&R costs; and
            (2) any other costs relating to the operation of the 
        project, as appropriate.
    (f) Operation and Maintenance of Blackfeet Irrigation Project.--On 
transfer of title to the Blackfeet Irrigation Project pursuant to 
subsection (d), 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--
            (1) 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--
                    (A) appeal and adjudication of denied or disputed 
                distributions of water; and
                    (B) resolution of contested administrative 
                decisions; and
            (2) a system for establishing operation and maintenance 
        assessment rates, including a process for--
                    (A) appeal and adjudication of operation and 
                maintenance assessment rates; and
                    (B) resolution of contested administrative 
                decisions.
    (g) Liability.--
            (1) In general.--Effective on the date of the transfer 
        authorized by subsection (d), the United States shall not be 
        liable for damages of any kind arising out of any act, 
        omission, or occurrence relating to the land, buildings, or 
        facilities transferred under this subsection, other than 
        damages caused by acts of negligence committed by the United 
        States (or an employee or agent of the United States) before 
        the date of transfer.
            (2) Tort claims.--Nothing in this section increases the 
        liability of the United States beyond the liability provided in 
        chapter 171 of title 28, United States Code (commonly known as 
        the ``Federal Tort Claims Act'').
            (3) OM&R obligation of federal government after transfer.--
        The Federal Government shall have no obligation to pay for the 
        operation, maintenance, or replacement costs of the projects 
        authorized by sections 9, 10, 12, and 13 beginning on the later 
        of--
                    (A) the date on which title to any project 
                authorized by sections 9, 10, 12, and 13 is transferred 
                to the Tribe; and
                    (B) the date on which the amounts required to be 
                deposited in the OM&R Account pursuant to section 
                17(k)(2) have been deposited in that account.
    (h) Alienation and Taxation.--Transfer of title to the Tribe 
pursuant to subsection (d) does not waive or alter any applicable 
Federal law prohibiting alienation or taxation of--
            (1) the project; or
            (2) the underlying Reservation land.

SEC. 15. RATIFICATION OF COMPACT.

    (a) Ratification.--
            (1) In general.--Except as modified by this Act, and to the 
        extent that the Compact does not conflict with this Act, the 
        Compact is authorized, ratified, and confirmed.
            (2) Amendments.--If an amendment is executed in accordance 
        with this Act to make the Compact consistent with this Act, the 
        amendment is authorized, ratified, and confirmed.
    (b) Execution.--
            (1) In general.--To the extent that the Compact does not 
        conflict with this Act, the Secretary shall execute the 
        Compact, including all exhibits to, or parts of, the Compact 
        requiring the signature of the Secretary.
            (2) Modifications.--Nothing in this Act precludes the 
        Secretary from approving any modification to an appendix or 
        exhibit to the Compact that is consistent with this Act, to the 
        extent that the modification does not otherwise require 
        congressional approval under section 2116 of the Revised 
        Statutes (25 U.S.C. 177) or any other applicable provision of 
        Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Compact and this Act, 
        the Secretary shall comply with all applicable provisions of--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) all other applicable environmental law and 
                regulations.
            (2) Effect of execution.--
                    (A) In general.--An activity carried out by the 
                Secretary to execute the Compact pursuant to this 
                section shall not constitute a major Federal action for 
                purposes of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                    (B) Compliance.--The Secretary shall carry out all 
                Federal compliance activities necessary to implement 
                the Compact.

SEC. 16. TRIBAL WATER RIGHTS.

    (a) Confirmation of Tribal Water Rights.--
            (1) In general.--The tribal water rights are ratified, 
        confirmed, and declared to be valid.
            (2) Use.--Use of the tribal water rights shall be subject 
        to the terms and conditions established by the Compact and this 
        Act.
    (b) Holding in Trust.--The tribal water rights--
            (1) shall be held in trust by the United States for the use 
        and benefit of the Tribe in accordance with this section; and
            (2) shall not be subject to forfeiture or abandonment.
    (c) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to, or exceed, the benefits 
possessed by allottees on the day before the date of enactment of this 
Act, taking into consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Compact and this 
        Act;
            (2) the availability of funding under this Act and from 
        other sources;
            (3) the availability of water from the tribal water rights; 
        and
            (4) 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.
    (d) Allottees.--
            (1) Applicability of act of february 8, 1887.--The 
        provisions of section 7 of the Act of February 8, 1887 (25 
        U.S.C. 381), relating to the use of water for irrigation 
        purposes shall apply to the tribal water rights.
            (2) Entitlement to water.--Any entitlement to water of an 
        allottee under Federal law shall be satisfied from the tribal 
        water rights.
            (3) Allocations.--Pursuant to the Act of February 8, 1887 
        (24 Stat. 390, chapter 119), allottees shall be entitled to a 
        just and equitable allocation of water for irrigation purposes.
            (4) Claims.--
                    (A) Exhaustion of remedies.--Before asserting any 
                claim against the United States under section 7 of the 
                Act of February 8, 1887 (25 U.S.C. 381), or any other 
                applicable law, an allottee shall exhaust remedies 
                available under the tribal water code or other 
                applicable tribal law.
                    (B) Action for relief.--After the exhaustion of all 
                remedies available under the tribal water code or other 
                applicable tribal law, an allottee may assert a claim 
                against the United States under section 7 of the Act of 
                February 8, 1887 (25 U.S.C. 381), or other applicable 
                law.
            (5) Authority.--The Secretary shall have the authority to 
        protect the rights of allottees in accordance with this 
        section.
    (e) Authority of Tribe.--
            (1) In general.--The Tribe shall have the authority to 
        allocate, distribute, and transfer the tribal water right in 
        accordance with--
                    (A) the Compact; and
                    (B) the tribal water code.
            (2) Land leases by allottees.--An allottee may lease any 
        interest in land held by the allottee, together with any 
        allocation of water under subsection (d)(3), subject to the 
        condition that nothing in this section affects the authority of 
        the Tribe to require a water permit or to otherwise manage use 
        of the water under the tribal water code.
    (f) Tribal Water Code.--
            (1) In general.--In accordance with article IV.C.1. of the 
        Compact, the Tribe shall--
                    (A) amend the tribal water code in accordance with 
                the Compact and this Act; and
                    (B) ensure that the amendments provide for--
                            (i) the management, regulation, and 
                        governance of all uses of the tribal water 
                        rights in accordance with the Compact and this 
                        Act, including all uses by allottees (or any 
                        successor in interest to an allottee); and
                            (ii) establishment by the Tribe of 
                        conditions, permit requirements, and other 
                        limitations relating to the storage, recovery, 
                        and use of the tribal water rights in 
                        accordance with the Compact and this Act.
            (2) Inclusions.--Subject to the approval of the Secretary, 
        the tribal water code shall provide that--
                    (A) tribal allocations of water to allottees shall 
                be satisfied with water from the tribal water rights;
                    (B) charges for delivery of water for irrigation 
                purposes for allottees shall be assessed on a just and 
                equitable basis;
                    (C) there is a process by which an allottee may 
                request that the Tribe provide water for irrigation use 
                in accordance with this Act, including the provision of 
                water under any allottee lease;
                    (D) there is a due process system for the 
                consideration and determination by the Tribe of any 
                request by an allottee (or a successor in interest to 
                an allottee) for an allocation of water for irrigation 
                purposes on allotted land, including a process for--
                            (i) appeal and adjudication of any denied 
                        or disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision; and
                    (E) any allottee with a claim relating to the 
                enforcement of rights of the allottee under the tribal 
                water code, or to the quantity of water allocated to 
                land of the allottee, shall exhaust all remedies 
                available to the allottee under tribal law and the 
                tribal water code before initiating an action against 
                the United States or petitioning the Secretary pursuant 
                to subsection (d)(4)(B).
            (3) Interim provisions.--
                    (A) In general.--Subject to the requirements of 
                section 4 and until the date on which the amendments to 
                the tribal water code are approved by the Secretary, 
                the tribal water rights shall be administered by the 
                Tribe pursuant to ordinance numbered 62 of the tribal 
                water code, to the extent that the ordinance is not 
                inconsistent and does not conflict with the Compact or 
                this Act.
                    (B) Conflicts.--In the event of an inconsistency or 
                conflict described in subparagraph (A), the provisions 
                of the Compact and this Act shall control.
            (4) Approval by secretary.--
                    (A) In general.--The tribal water code, and any 
                amendment to the tribal water code, shall not be valid 
                unless the tribal water code or amendment is approved 
                by the Secretary.
                    (B) Approval period.--The Secretary shall approve 
                or disapprove the tribal water code or an amendment to 
                the tribal water code by not later than 180 days after 
                the date on which the tribal water code or amendment is 
                submitted to the Secretary.
    (g) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--
            (1) authorizes any action by an allottee against any 
        individual or entity, or against the Tribe, under Federal, 
        State, tribal, or local law; or
            (2) alters or affects the status of any action pursuant to 
        section 1491(a) of title 28, United States Code.

SEC. 17. BLACKFEET SETTLEMENT TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund, to be known as the ``Blackfeet Settlement 
Trust Fund'' (referred to in this section as the ``Trust Fund''), 
consisting of the amounts deposited in the Fund under subsection (c), 
together with any interest earned on those amounts, to be managed, 
invested, and distributed by the Secretary for the benefit of the 
Tribe, to remain available until expended.
    (b) Accounts.--The Secretary shall establish in the Trust Fund the 
following accounts:
            (1) The Administration and Energy Account.
            (2) The OM&R Account.
            (3) The Water Deferral Account.
            (4) The MR&I System Account.
            (5) The Blackfeet Water, Storage, and Development Projects 
        Account.
            (6) The Blackfeet Irrigation Project Deferred Maintenance 
        and Four Horns Dam Safety Improvements Account.
            (7) The St. Mary/Milk Water Management and Activities 
        Account.
    (c) Transfers.--The Secretary shall transfer to the Trust Fund--
            (1) to the Administration and Energy Account, the amount 
        made available pursuant to subsection (k)(1);
            (2) to the OM&R Account, the amount made available pursuant 
        to subsection (k)(2);
            (3) to the Water Deferral Account, the amount made 
        available pursuant to subsection (k)(3);
            (4) to the MR&I System Account, the amount made available 
        pursuant to subsection (k)(4);
            (5) to the Blackfeet Water, Storage, and Development 
        Projects Account, the amount made available pursuant to 
        subsection (k)(5);
            (6) to the Blackfeet Irrigation Project Deferred 
        Maintenance and Four Horns Dam Safety Improvements Account, the 
        amount made available pursuant to subsection (k)(6); and
            (7) to the St. Mary/Milk Water Management and Activities 
        Account, the amount made available pursuant to subsection 
        (k)(7).
    (d) Management.--The Secretary shall manage, invest, and distribute 
all amounts in the Trust Fund in a manner that is consistent with the 
investment authority of the Secretary under--
            (1) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a);
            (2) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.); and
            (3) this section.
    (e) Availability of Amounts.--Amounts appropriated to, and 
deposited in, the Trust Fund, including any investment earnings, shall 
be made available to the Tribe beginning on the enforceability date.
    (f) Withdrawals by Tribe.--
            (1) In general.--The Tribe may withdraw any portion of the 
        funds in the accounts established under subsection (b) on 
        approval by the Secretary of a tribal management plan submitted 
        by the Tribe in accordance with the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
            (2) Requirements.--
                    (A) In general.--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 under paragraph (1) shall require that 
                the Tribe shall spend all amounts withdrawn from the 
                Trust Fund in accordance with this Act.
                    (B) Enforcement.--The Secretary may carry out such 
                judicial or administrative actions as the Secretary 
                determines to be necessary to enforce the tribal 
                management plan to ensure that amounts withdrawn by the 
                Tribe from the Trust Fund are used in accordance with 
                this Act.
    (g) Expenditure Plan.--
            (1) In general.--The Tribe shall submit to the Secretary 
        for approval an expenditure plan for any portion of the Trust 
        Fund that the Tribe elects to withdraw under this subsection.
            (2) Inclusions.--An expenditure plan under paragraph (1)--
                    (A) shall include a description of the manner and 
                purpose for which the amounts proposed to be withdrawn 
                from the Trust Fund will be used by the Tribe, in 
                accordance with subsection (h); and
                    (B) may include a description of how any remaining 
                amounts may be used.
            (3) Approval.--On receipt of an expenditure plan under 
        paragraph (1), the Secretary shall approve the plan, if the 
        Secretary determines that the plan is consistent with this Act.
    (h) Uses.--Amounts from the Trust Fund shall be used by the Tribe 
for the following purposes:
            (1) The Administration and Energy Account shall be used for 
        administration of the tribal water right and energy development 
        projects under the Compact.
            (2) The OM&R Account shall be used to assist the Tribe in 
        paying OM&R costs.
            (3) The Water Deferral Account shall be distributed 
        pursuant to an approved expenditure plan as follows:
                    (A) The first $1,000,000 deposited in the account 
                shall be distributed to the Tribe annually as 
                compensation for the deferral of the St. Mary water 
                right.
                    (B) Any additional amounts deposited in the account 
                may be used by the Tribe to pay OM&R costs or such 
                other costs as are authorized by the Secretary.
            (4) The MR&I System Account shall be used to carry out 
        section 12.
            (5) The Blackfeet Water, Storage, and Development Projects 
        Account shall be used to carry out section 13.
            (6) The Blackfeet Irrigation Project Deferred Maintenance 
        and Four Horns Dam Safety Improvements Account shall be used to 
        carry out section 9.
            (7) The St. Mary/Milk Water Management and Activities 
        Account shall be used to carry out section 6.
    (i) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Trust Fund by the Tribe under subsection (f).
    (j) No Per Capita Distributions.--No portion of the Trust Fund 
shall be distributed on a per capita basis to any member of the Tribe.
    (k) Authorization of Appropriations.--Subject to subsection (l), 
there is authorized to be appropriated to the Secretary--
            (1) for deposit in the Administration and Energy Account, 
        $28,900,000;
            (2) for deposit in the OM&R Account, $25,500,000;
            (3) for deposit in the Water Deferral Account, $27,800,000;
            (4) for deposit in the MR&I System Account, $76,200,000;
            (5) for deposit in the Blackfeet Water, Storage, and 
        Development Projects Account, $178,300,000;
            (6) for deposit in the Blackfeet Irrigation Project 
        Deferred Maintenance and Four Horns Dam Safety Improvements 
        Account, $37,900,000; and
            (7) for deposit in the St. Mary/Milk Water Management and 
        Activities Account, $25,200,000.
    (l) Cost Indexing.--All amounts made available pursuant to 
subsection (k) shall be adjusted as necessary to reflect the changes 
since April, 2010, in the construction costs indices applicable to the 
construction, maintenance, rehabilitation, or improvement of the 
projects and activities described in this Act.

SEC. 18. 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, as described in the 
document entitled ``More Definite Statement of Claims'', dated November 
14, 1997, filed by the United States on behalf of the Tribe, in the 
Montana Water Court in the case styled 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, Civil No. WC91-1.

SEC. 19. WAIVERS AND RELEASES OF CLAIMS.

    (a) Waivers and Releases.--
            (1) Claims by tribe and united states as trustee for 
        tribe.--Subject to the retention of rights described in 
        subsection (c), in consideration for recognition of the tribal 
        water rights and other benefits under the Compact and this Act, 
        the Tribe, on behalf of itself and the members of the Tribe 
        (but not tribal members in their capacities as allottees), and 
        the United States, acting as trustee for the Tribe and the 
        members of the Tribe (but not tribal members in their 
        capacities as allottees), shall execute a waiver and release of 
        all claims for water rights within the State that the Tribe, or 
        the United States acting as trustee for the Tribe, asserted or 
        could have asserted in any proceeding, including a State stream 
        adjudication, on or before the enforceability date, except to 
        the extent that such rights are recognized by this Act.
            (2) Claims by united states as trustee for allottees.--
        Subject to the retention of claims described in subsection (c), 
        in consideration for recognition of the tribal water rights and 
        other benefits under the Compact and this Act, the United 
        States, acting as trustee for the 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, asserted or could have asserted in any proceeding, 
        including a State stream adjudication, on or before the 
        enforceability date, except to the extent that such rights are 
        recognized by the Compact or this Act.
            (3) Claims by tribe against united states.--Subject to the 
        retention of rights described in subsection (c), in 
        consideration for recognition of the tribal water rights and 
        other benefits under the Compact and this Act, the Tribe, on 
        behalf of itself and the members of the Tribe (but not tribal 
        members in their capacities as allottees), shall execute a 
        waiver and release of--
                    (A) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to claims for water rights within the State 
                that the United States, acting as trustee for the 
                Tribe, asserted or could have asserted in any 
                proceeding, including a State stream adjudication, 
                except to the extent that such rights are recognized as 
                a tribal water right;
                    (B) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to--
                            (i) damages, losses, or injuries to water, 
                        water rights, land, or natural resources due to 
                        loss of water or water rights (including 
                        damages, losses, or injuries to hunting, 
                        fishing, gathering, or cultural rights due to 
                        loss of water or water rights, claims relating 
                        to interference with, diversion of, or taking 
                        of water, and claims relating to failure to 
                        protect, acquire, replace, or develop water, 
                        water rights, or water infrastructure) within 
                        the State that first accrued at any time on or 
                        before the enforceability date; or
                            (ii) the failure to establish or provide a 
                        municipal rural or industrial water delivery 
                        system on the Reservation;
                    (C) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to the pending litigation of claims relating 
                to the water rights of the Tribe in the State;
                    (D) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to the negotiation, execution, or the adoption 
                of the Compact (including exhibits) and this Act;
                    (E) all claims against the United States (including 
                the agencies and employees of the United States) that 
                first accrued at any time on or before the 
                enforceability date arising from the taking or 
                acquisition of the land of the Tribe or resources for 
                the construction of the features of the St. Mary Unit;
                    (F) all claims against the United States (including 
                the agencies and employees of the United States) that 
                first accrued at any time on or before the 
                enforceability date relating to--
                            (i) the construction, operation, or 
                        maintenance of the St. Mary Unit; or
                            (ii) on completion of the Swift Current 
                        Creek Bank stabilization project, the 
                        management of flows in Swift Current Creek, 
                        including the diversion of Swift Current Creek 
                        into Lower St. Mary's Lake;
                    (G) all claims against the United States (including 
                the agencies and employees of the United States) that 
                first accrued at any time on or before the 
                enforceability date relating to the construction, 
                operation, or management of Lower Two Medicine Dam and 
                Reservoir and Four Horns Dam and Reservoir; and
                    (H) all claims against the United States (including 
                the agencies and employees of the United States) that 
                first accrued at any time on or before the 
                enforceability date relating to the allocation of water 
                of the Milk River (including tributaries) or the St. 
                Mary River (including tributaries) between the United 
                States and Canada pursuant to the International 
                Boundary Waters Treaty of 1909 (36 Stat. 2448).
    (b) Effectiveness of Waivers and Releases.--The waivers under 
subsection (a) shall take effect on the enforceability date.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases under this section, the Tribe, on behalf of 
itself and the members of the Tribe, and the United States, acting as 
trustee for the Tribe and allottees, retain--
            (1) all claims for enforcement of the Compact, any final 
        decree, or this Act;
            (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 of the Tribe under--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.), including claims for damages to natural 
                resources;
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (D) any regulations promulgated pursuant to an Act 
                described in subparagraph (A), (B), or (C);
            (4) all claims relating to damages, losses, or injuries to 
        land or natural resources not due to loss of water or water 
        rights (including hunting, fishing, gathering, or cultural 
        rights);
            (5) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        Act or the Compact;
            (6) all claims for rights retained under the agreement 
        dated September 19, 1895, and ratified on June 10, 1896 (29 
        Stat. 321, chapter 398), filed by the United States on behalf 
        of the Tribe in--
                    (A) Glacier National Park, as described in the 
                document entitled ``More Definite Statement of 
                Claims'', dated November 14, 1997; or
                    (B) the case styled 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, 
                Civil No. WC91-1;
            (7) the water rights of the Tribe, whether adjudicated or 
        unadjudicated;
            (8) the authority of the Tribe to use and protect such 
        water rights; and
            (9) any claim for damages for loss of water resources 
        allegedly caused by a failure to establish, acquire, enforce, 
        or protect such water rights.
    (d) Effect of Compact and Act.--Nothing in the Compact or this 
Act--
            (1) affects the ability of the United States to take 
        actions authorized by law, including any laws relating to 
        health, safety, or the environment, including--
                    (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.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (D) any regulations promulgated pursuant to an Act 
                described in subparagraph (A), (B), or (C);
            (2) affects the ability of the United States to act as 
        trustee for any other Indian tribe or allottee of any other 
        Indian tribe;
            (3) confers jurisdiction on any State court--
                    (A) to interpret Federal law relating to health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                other parties pursuant to such a Federal law; or
                    (C) to conduct judicial review of any Federal 
                agency action;
            (4) waives any claim of a member of the Tribe in an 
        individual capacity that does not derive from a right of the 
        Tribe;
            (5) revives any claim waived by the Tribe in the case 
        styled Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl. 
        2012); or
            (6) revives any claim released by an allottee or a member 
        of the Tribe in the settlement for the case styled Cobell v. 
        Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
    (e) Enforceability Date.--The enforceability date shall be the date 
on which the Secretary publishes in the Federal Register a statement of 
findings that--
            (1)(A) the Montana Water Court has issued a final judgment 
        and decree approving the Compact; or
            (B) if the Montana Water Court is found to lack 
        jurisdiction, the United States district court of competent 
        jurisdiction has approved the Compact as a consent decree, and 
        the approval is final;
            (2) all amounts authorized to be appropriated under section 
        17(k) have been appropriated;
            (3) the Tribe has executed the agreements with the 
        Secretary required by sections 5(b), 6(e), 8(c), and 14(a);
            (4) the State has appropriated and paid into an interest-
        bearing escrow account any payments due as of the date of 
        enactment of this Act to the Tribe under the Compact and this 
        Act;
            (5)(A) the Tribe has ratified the Compact by submitting 
        this Act and the Compact to a vote by the tribal membership for 
        approval or disapproval; and
            (B) the Tribal membership has voted to approve this Act and 
        the Compact by a majority of votes cast on the day of the vote, 
        as certified by the Secretary and the Tribe;
            (6) the Secretary has fulfilled the requirements of section 
        8(a);
            (7) the Tribe has enacted a tribal water code pursuant to 
        section 16(f);
            (8) the waivers and releases described subsection (a) have 
        been executed by the Tribe and the Secretary; and
            (9) the Secretary has fulfilled the requirements of section 
        15(b).
    (f) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the date on which 
        the amounts made available to carry out this Act are 
        transferred to the Secretary.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
    (g) Expiration and Tolling.--If all appropriations authorized by 
this Act have not been made available to the Secretary by January 15, 
2018--
            (1) the waivers and releases described in this section 
        shall expire and be of no further force or effect; and
            (2) all statutes of limitations applicable to any claim 
        otherwise waived shall be tolled until January 15, 2018.
    (h) Voiding of Waivers.--If the waivers pursuant to this section 
are void under subsection (g)--
            (1) the approval of the Compact under section 15 shall no 
        longer be effective;
            (2) any unexpended Federal funds appropriated or made 
        available to carry out the activities authorized by this Act, 
        together with any interest earned on those funds, any water 
        rights or contracts to use water, and any title in and to other 
        property acquired or constructed with Federal funds 
        appropriated or made available to carry out the activities 
        authorized by this Act, shall be returned to the Federal 
        Government, unless otherwise agreed to by the Tribe and the 
        United States and approved by Congress; and
            (3) except for Federal funds used to acquire or develop 
        property that is returned to the Federal Government under 
        paragraph (2), the United States shall be entitled to offset 
        any Federal funds appropriated or made available to carry out 
        the activities authorized by this Act that were expended or 
        withdrawn, together with any interest accrued, against any 
        claims against the United States relating to water rights in 
        the State asserted by the Tribe or in any future settlement of 
        the water rights of the Tribe.

SEC. 20. SATISFACTION OF CLAIMS.

    (a) Tribal Claims.--The benefits realized by the Tribe under this 
Act shall be in complete replacement of, complete substitution for, and 
complete satisfaction of all claims of the Tribe against the United 
States under paragraphs (1) and (3) of section 19(a).
    (b) Allottee Claims.--The benefits realized by the allottees under 
this Act shall be in complete replacement of, in complete substitution 
for, and in complete satisfaction of--
            (1) all claims waived and released under section 19; and
            (2) any claims of the allottees against the United States 
        that the allottees have or could have asserted that are similar 
        in nature to any claim described in section 19.

SEC. 21. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity.--Except as provided in 
subsections (a) through (c) of section 208 of the Department of Justice 
Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the 
sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--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, band, or community 
other than the Tribe.
    (c) Limitation on Claims for Reimbursement.--With respect to 
Indian-owned land located within the Reservation--
            (1) the United States shall not submit against such land 
        any claim for reimbursement of the cost to the United States of 
        carrying out this Act or the Compact; and
            (2) no assessment of such land shall be made regarding that 
        cost.
    (d) Limitation on Liability of United States.--The United States 
has no obligation--
            (1) to monitor, administer, or account for, in any manner, 
        any funds provided to the Tribe by any party to the Compact; or
            (2) to review or approve any expenditure of those funds.
    (e) Effect on Current Law.--Nothing in this section affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to preenforcement review 
of any Federal environmental enforcement action.
    (f) Effect on Reclamation Law.--The activities carried out by the 
Commissioner of Reclamation under this Act shall not establish a 
precedent or impact the authority provided under any other provision of 
Federal reclamation law, including--
            (1) the Reclamation Rural Water Supply Act of 2006 (43 
        U.S.C. 2401 et seq.); and
            (2) the Omnibus Public Land Management Act of 2009 (Public 
        Law 111-11; 123 Stat. 991).
    (g) Irrigation Efficiency in Upper Birch Creek Drainage.--Any 
activity carried out by the Tribe in the Upper Birch Creek Drainage (as 
defined in article II.50 of the Compact) using funds made available to 
carry out this Act shall achieve an irrigation efficiency of not less 
than 50 percent.
    (h) Birch Creek Agreement Approval.--The Birch Creek Agreement 
entered into between the Tribe and the State on January 31, 2008 
(including any amendments executed in accordance with this Act to make 
the Agreement consistent with this Act), is approved to the extent that 
the Birch Creek Agreement requires approval under section 2116 of the 
Revised Statutes (25 U.S.C. 177).

SEC. 22. REPEAL ON FAILURE TO MEET ENFORCEABILITY DATE.

    If the Secretary fails to publish a statement of findings under 
section 19(e) by not later than January 15, 2018, or such alternative 
later date as is agreed to by the Tribe and the Secretary, after 
reasonable notice to the State, as applicable--
            (1) this Act is repealed effective on the later of--
                    (A) January 15, 2018; and
                    (B) the day after such alternative later date as is 
                agreed to by the Tribe and the Secretary;
            (2) any action taken by the Secretary and any contract or 
        agreement entered into pursuant to this Act shall be void;
            (3) any amounts made available under section 17(k), 
        together with any interest on those amounts, shall immediately 
        revert to the general fund of the Treasury;
            (4) any amounts made available under section 17(k) that 
        remain unexpended shall immediately revert to the general fund 
        of the Treasury; and
            (5) the United States shall be entitled to offset against 
        any claims asserted by the Tribe against the United States 
        relating to water rights--
                    (A) any funds expended or withdrawn from the 
                amounts made available pursuant to this Act; and
                    (B) any funds made available to carry out the 
                activities authorized by this Act from other authorized 
                sources.

SEC. 23. ANTIDEFICIENCY.

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