[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5633 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5633

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 6, 2016

  Mr. Zinke introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

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 authorize, 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 authorize and direct the Secretary of the Interior--
                    (A) to execute the Compact; and
                    (B) to take any other action 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) 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.
            (3) 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.
            (4) Compact.--The term ``Compact'' means--
                    (A) the Blackfeet-Montana water rights compact 
                dated April 15, 2009, as contained in section 85-20-
                1501 of the Montana Code Annotated (2015); and
                    (B) any amendment or exhibit (including exhibit 
                amendments) to the Compact that is executed to make the 
                Compact consistent with this Act.
            (5) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 20(f).
            (6) 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).
            (7) Milk river basin.--The term ``Milk River Basin'' means 
        the North Fork, Middle Fork, South Fork, and main stem of the 
        Milk River and tributaries, from the headwaters to the 
        confluence with the Missouri River.
            (8) 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 Unit;
                            (ii) the Fresno Dam and Reservoir; and
                            (iii) the Dodson pumping unit.
            (9) Milk river project water rights.--The term ``Milk River 
        Project water rights'' means the water rights held by the 
        Bureau of Reclamation on behalf of the Milk River Project, as 
        finally adjudicated by the Montana Water Court.
            (10) Milk river water right.--The term ``Milk River water 
        right'' means the portion of the Tribal water rights described 
        in article III.F of the Compact and this Act.
            (11) Missouri river basin.--The term ``Missouri River 
        Basin'' means the hydrologic basin of the Missouri River 
        (including tributaries).
            (12) MR&I system.--The term ``MR&I System'' means the 
        intake, treatment, pumping, storage, pipelines, appurtenant 
        items, and any other feature of the system, as generally 
        described in the document entitled ``Blackfeet Regional Water 
        System'', prepared by DOWL HKM, and dated June 2010, and 
        modified by DOWL HKM, as set out in the addendum to the report 
        dated March 2013.
            (13) 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.
            (14) Reservation.--The term ``Reservation'' means the 
        Blackfeet Indian Reservation of Montana, as--
                    (A) established by the Treaty of October 17, 1855 
                (11 Stat. 657); and
                    (B) modified by--
                            (i) the Executive order of July 5, 1873 
                        (relating to the Blackfeet Reserve);
                            (ii) the Act of April 15, 1874 (18 Stat. 
                        28, chapter 96);
                            (iii) the Executive order of August 19, 
                        1874 (relating to the Blackfeet Reserve);
                            (iv) the Executive order of April 13, 1875 
                        (relating to the Blackfeet Reserve);
                            (v) the Executive order of July 13, 1880 
                        (relating to the Blackfeet Reserve);
                            (vi) the Agreement with the Blackfeet, 
                        ratified by the Act of May 1, 1888 (25 Stat. 
                        113, chapter 213); and
                            (vii) the Agreement with the Blackfeet, 
                        ratified by the Act of June 10, 1896 (29 Stat. 
                        353, chapter 398).
            (15) St. mary river water right.--The term ``St. Mary River 
        water right'' means that portion of the Tribal water rights 
        described in article III.G.1.a.i. of the Compact and this Act.
            (16) 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.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (18) State.--The term ``State'' means the State of Montana.
            (19) Swiftcurrent creek bank stabilization project.--The 
        term ``Swiftcurrent Creek Bank Stabilization Project'' means 
        the project to mitigate the physical and environmental problems 
        associated with the St. Mary Unit from Sherburne Dam to the St. 
        Mary River, as described in the report entitled ``Boulder/
        Swiftcurrent Creek Stabilization Project, Phase II 
        Investigations Report'', prepared by DOWL HKM, and dated March 
        2012.
            (20) Tribal water rights.--The term ``Tribal water rights'' 
        means the water rights of the Tribe described in article III of 
        the Compact and this Act, including--
                    (A) the Lake Elwell allocation provided to the 
                Tribe under section 9; and
                    (B) the instream flow water rights described in 
                section 19.
            (21) Tribe.--The term ``Tribe'' means the Blackfeet Tribe 
        of the Blackfeet Indian Reservation of Montana.

SEC. 4. RATIFICATION OF COMPACT.

    (a) Ratification.--
            (1) In general.--As modified by this Act, the Compact is 
        authorized, ratified, and confirmed.
            (2) Amendments.--Any amendment to the Compact is 
        authorized, ratified, and confirmed, to the extent that such 
        amendment is executed to make the Compact consistent with this 
        Act.
    (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 Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (C) all other applicable environmental laws and 
                regulations.
            (2) Effect of execution.--
                    (A) In general.--The execution of the Compact by 
                the Secretary under 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 and this Act.

SEC. 5. MILK RIVER WATER RIGHT.

    (a) In General.--With respect to the Milk River water right, the 
Tribe--
            (1) may continue the historical uses and the uses in 
        existence on the date of enactment of this Act; and
            (2) except as provided in article III.F.1.d of the Compact, 
        shall not develop new uses until the date on which--
                    (A) the Tribe has entered into the agreement 
                described in subsection (c); or
                    (B) the Secretary has established the terms and 
                conditions described in subsection (e).
    (b) Water Rights Arising Under State Law.--With respect to any 
water rights arising under State law in the Milk River Basin owned or 
acquired by the Tribe, the Tribe--
            (1) may continue any use in existence on the date of 
        enactment of this Act; and
            (2) shall not change any use until the date on which--
                    (A) the Tribe has entered into the agreement 
                described in subsection (c); or
                    (B) the Secretary has established the terms and 
                conditions described in subsection (e).
    (c) Tribal Agreement.--
            (1) In general.--In consultation with the Commissioner of 
        Reclamation and the Director of the Bureau of Indian Affairs, 
        the Tribe and the Fort Belknap Indian Community shall enter 
        into an agreement to provide for the exercise of their 
        respective water rights on the respective reservations of the 
        Tribe and the Fort Belknap Indian Community in the Milk River.
            (2) Considerations.--The agreement entered into under 
        paragraph (1) shall take into consideration--
                    (A) the equal priority dates of the 2 Indian 
                tribes;
                    (B) the water supplies of the Milk River; and
                    (C) historical, current, and future uses identified 
                by each Indian tribe.
    (d) Secretarial Determination.--
            (1) In general.--Not later than 120 days after the date on 
        which the agreement described in subsection (c) is submitted to 
        the Secretary, the Secretary shall review and approve or 
        disapprove the agreement.
            (2) Approval.--The Secretary shall approve the agreement if 
        the Secretary finds that the agreement--
                    (A) equitably accommodates the interests of each 
                Indian tribe in the Milk River;
                    (B) adequately considers the factors described in 
                subsection (c)(2); and
                    (C) is otherwise in accordance with applicable law.
            (3) Deadline extension.--The deadline to review the 
        agreement described in paragraph (1) may be extended by the 
        Secretary after consultation with the Tribe and the Fort 
        Belknap Indian Community.
    (e) Secretarial Decision.--
            (1) In general.--If the Tribe and the Fort Belknap Indian 
        Community do not, by 3 years after the Secretary certifies 
        under section 20(f)(5) that the Tribal membership has approved 
        the Compact and this Act, enter into an agreement approved 
        under subsection d(2), the Secretary, in the Secretary's sole 
        discretion, shall establish, after consultation with the Tribe 
        and the Fort Belknap Indian Community, terms and conditions 
        that reflect the considerations described in subsection (c)(2) 
        by which the respective water rights of the Tribe and the Fort 
        Belknap Indian Community in the Milk River may be exercised.
            (2) Consideration as final agency action.--The 
        establishment by the Secretary of terms and conditions under 
        paragraph (1) shall be considered to be a final agency action 
        for purposes of review under chapter 7 of title 5, United 
        States Code.
            (3) Judicial review.--An action for judicial review 
        pursuant to this section shall be brought by not later than the 
        date that is 1 year after the date of notification of the 
        establishment of the terms and conditions under this 
        subsection.
            (4) Incorporation into decrees.--The agreement under 
        subsection (c), or the decision of the Secretary under this 
        subsection, shall be filed with the Montana Water Court, or the 
        district court with jurisdiction, for incorporation into the 
        final decrees of the Tribe and the Fort Belknap Indian 
        Community.
            (5) Effective date.--The agreement under subsection (c) and 
        a decision of the Secretary under this subsection--
                    (A) shall be effective immediately; and
                    (B) may not be modified absent--
                            (i) the approval of the Secretary; and
                            (ii) the consent of the Tribe and the Fort 
                        Belknap Indian Community.
    (f) Use of Funds.--The Secretary shall distribute equally the funds 
made available under section 18(a)(2)(C)(ii) to the Tribe and the Fort 
Belknap Indian Community to use to reach an agreement under this 
section, including for technical analyses and legal and other related 
efforts.

SEC. 6. WATER DELIVERY THROUGH MILK RIVER PROJECT.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary, acting through the Commissioner of Reclamation, shall carry 
out the activities authorized under this section with respect to the 
St. Mary River water right.
    (b) Treatment.--Notwithstanding article IV.D.4 of the Compact, any 
responsibility of the United States with respect to the St. Mary River 
water right shall be limited to, and fulfilled pursuant to--
            (1) subsection (c) of this section; and
            (2) subsection (b)(3) of section 16 and subsection 
        (a)(1)(C) of section 18.
    (c) 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 not 
        greater than 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 (f);
                    (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 (f); 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 in the same manner as the rights of other 
                contractors receiving water deliveries through the Milk 
                River Project with respect to the water delivered under 
                this section;
                    (E) deliveries of water under this section shall 
                be--
                            (i) limited to not greater than 5,000 acre-
                        feet of water in any 1 year;
                            (ii) consistent with operations of the Milk 
                        River Project and without additional costs to 
                        the Bureau of Reclamation, including operation, 
                        maintenance, and replacement costs; and
                            (iii) without additional cost to the Milk 
                        River Project water users; and
                    (F) the Tribe shall be required to pay OM&R for 
                water delivered under this section.
    (d) Shortage Sharing or Reduction.--
            (1) In general.--The 5,000 acre-feet per year of water 
        delivered under paragraph (3)(E)(i) of subsection (c) shall not 
        be subject to shortage sharing or reduction, except as provided 
        in paragraph (3)(D) of that subsection.
            (2) No injury to milk river project water users.--
        Notwithstanding article IV.D.4 of the Compact, any reduction in 
        the Milk River Project water supply caused by the delivery of 
        water under subsection (c) shall not constitute injury to Milk 
        River Project water users.
    (e) Subsequent Contracts.--
            (1) In general.--As part of the studies authorized by 
        section 7(c)(1), the Secretary, acting through the Commissioner 
        of Reclamation, and in cooperation with the Tribe, shall 
        identify alternatives to provide to the Tribe water from the 
        St. Mary River water right in quantities greater than the 5,000 
        acre-feet per year of water described in subsection 
        (c)(3)(E)(i).
            (2) Contract for water delivery.--If the Secretary 
        determines under paragraph (1) that more than 5,000 acre-feet 
        per year of the St. Mary River water right can be delivered to 
        the Tribe, the Secretary shall offer to enter into 1 or more 
        contracts with the Tribe for the delivery of that water, 
        subject to the requirements of subsection (c)(3), except 
        subsection (c)(3)(E)(i), and this subsection.
            (3) Treatment.--Any delivery of water under this subsection 
        shall be subject to reduction in the same manner as for Milk 
        River Project contract holders.
    (f) 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 15(e).
            (2) Compliance with other law.--All subcontracts described 
        in paragraph (1) shall comply with--
                    (A) this Act;
                    (B) the Compact;
                    (C) the tribal water code; and
                    (D) 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.
    (g) Effect of Provisions.--Nothing in this section--
            (1) precludes the Tribe from taking the water described in 
        subsection (c)(3)(E)(i), or any additional water provided under 
        subsection (e), from the direct flow of the St. Mary River; or
            (2) modifies the quantity of the Tribal water rights 
        described in article III.G.1. of the Compact.
    (h) Other Rights.--Notwithstanding the requirements of article 
III.G.1.d of the Compact, after satisfaction of all water rights under 
State law for use of St. Mary River water, including the Milk River 
Project water rights, the Tribe shall have the right to the remaining 
portion of the share of the United States in the St. Mary River under 
the International Boundary Waters Treaty of 1909 (36 Stat. 2448) for 
any tribally authorized use or need consistent with this Act.

SEC. 7. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER MANAGEMENT.

    (a) Milk River Project Purposes.--The purposes of the Milk River 
Project shall include--
            (1) irrigation;
            (2) flood control;
            (3) the protection of fish and wildlife;
            (4) recreation;
            (5) the provision of municipal, rural, and industrial water 
        supply; and
            (6) hydroelectric power generation.
    (b) Use of Milk River Project Facilities for the Benefit of 
Tribe.--The use of Milk River Project facilities to transport water for 
the Tribe pursuant to subsections (c) and (e) of section 6, together 
with any use by the Tribe of that water in accordance with this Act--
            (1) shall be considered to be an authorized purpose of the 
        Milk River Project; and
            (2) shall not change the priority date of any Tribal water 
        rights.
    (c) St. Mary River Studies.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary, in cooperation with the Tribe 
        and the State, shall conduct--
                    (A) an appraisal study--
                            (i) to develop a plan for the management 
                        and development of water supplies in the St. 
                        Mary River Basin and Milk River Basin, 
                        including the St. Mary River and Milk River 
                        water supplies for the Tribe and the Milk River 
                        water supplies for the Fort Belknap Indian 
                        Community; and
                            (ii) to identify alternatives to develop 
                        additional water of the St. Mary River for the 
                        Tribe; and
                    (B) a feasibility study--
                            (i) using the information resulting from 
                        the appraisal study conducted under paragraph 
                        (1) and such other information as is relevant, 
                        to evaluate the feasibility of--
                                    (I) alternatives for the 
                                rehabilitation of the St. Mary 
                                Diversion Dam and Canal; and
                                    (II) increased storage in Fresno 
                                Dam and Reservoir; and
                            (ii) to create a cost allocation study that 
                        is based on the authorized purposes described 
                        in subsections (a) and (b).
            (2) Cooperative agreement.--On request of the Tribe, the 
        Secretary shall enter into a cooperative agreement with the 
        Tribe with respect to the portion of the appraisal study 
        described in paragraph (1)(A).
            (3) Costs nonreimbursable.--The cost of the studies under 
        this subsection shall not be--
                    (A) considered to be a cost of the Milk River 
                Project; or
                    (B) reimbursable in accordance with the reclamation 
                laws.
    (d) Swiftcurrent Creek Bank Stabilization.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary, acting through the Commissioner 
        of Reclamation, shall carry out appropriate activities 
        concerning the Swiftcurrent Creek Bank Stabilization Project, 
        including--
                    (A) a review of the final project design; and
                    (B) value engineering analyses.
            (2) Modification of final design.--Prior to beginning 
        construction activities for the Swiftcurrent Creek Bank 
        Stabilization Project, on the basis of the review conducted 
        under paragraph (1), the Secretary shall negotiate with the 
        Tribe appropriate changes, if any, to the final design--
                    (A) to ensure compliance with applicable industry 
                standards;
                    (B) to improve the cost-effectiveness of the 
                Swiftcurrent Creek Bank Stabilization Project; and
                    (C) to ensure that the Swiftcurrent Creek Bank 
                Stabilization Project may be constructed using only the 
                amounts made available under section 18.
            (3) 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 the Swiftcurrent Bank Stabilization Project.
    (e) 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 this 
section, subject to the condition that the total cost for the oversight 
shall not exceed 4 percent of the total costs incurred under this 
section.
    (f) Milk River Project Rights-of-Way and Easements.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Tribe shall grant the United States a right-of-way on 
        Reservation land owned by the Tribe for all uses by the Milk 
        River Project (permissive or otherwise) in existence as of 
        December 31, 2015, including all facilities, flowage easements, 
        and access easements necessary for the operation and 
        maintenance of the Milk River Project.
            (2) Agreement regarding existing uses.--The Tribe and the 
        Secretary shall enter into an agreement for a process to 
        determine the location, nature, and extent of the existing uses 
        referenced in this subsection. The agreement shall require 
        that--
                    (A) a panel of three individuals determine the 
                location, nature, and extent of existing uses necessary 
                for the operation and maintenance of the Milk River 
                Project (the ``Panel Determination''), with the Tribe 
                appointing one representative of the Tribe, the 
                Secretary appointing one representative of the 
                Secretary, and those two representatives jointly 
                appointing a third individual;
                    (B) if the Panel Determination is unanimous, the 
                Tribe grant a right-of-way to the United States for the 
                existing uses identified in the Panel Determination in 
                accordance with applicable law without additional 
                compensation;
                    (C) if the Panel Determination is not unanimous--
                            (i) the Secretary adopt the Panel 
                        Determination with any amendments the Secretary 
                        reasonably determines necessary to correct any 
                        clear error (the ``Interior Determination''), 
                        provided that if any portion of the Panel 
                        Determination is unanimous, the Secretary will 
                        not amend that portion; and
                            (ii) the Tribe grant a right-of-way to the 
                        United States for the existing uses identified 
                        in the Interior Determination in accordance 
                        with applicable law without additional 
                        compensation, with the agreement providing for 
                        the timing of the grant to take into 
                        consideration the possibility of review under 
                        subsection (f)(5).
            (3) Effect.--Determinations made under this subsection--
                    (A) do not address title as between the United 
                States and the Tribe; and
                    (B) do not apply to any new use of Reservation land 
                by the United States for the Milk River Project after 
                December 31, 2015.
            (4) Interior determination as final agency action.--Any 
        determination by the Secretary under paragraph (2)(C) shall be 
        considered to be a final agency action for purposes of review 
        under chapter 7 of title 5, United States Code.
            (5) Judicial review.--An action for judicial review 
        pursuant to this section shall be brought by not later than the 
        date that is 1 year after the date of notification of the 
        Interior Determination.
    (g) Funding.--The total amount of obligations incurred by the 
Secretary shall not exceed--
            (1) $3,800,000 to carry out subsection (c);
            (2) $20,700,000 to carry out subsection (d); and
            (3) $3,100,000 to carry out subsection (f).

SEC. 8. ST. MARY CANAL HYDROELECTRIC POWER GENERATION.

    (a) Bureau of Reclamation Jurisdiction.--Effective beginning on the 
date of enactment of this Act, the Commissioner of Reclamation shall 
have exclusive jurisdiction to authorize the development of hydropower 
on the St. Mary Unit.
    (b) Rights of Tribe.--
            (1) Exclusive right of tribe.--Subject to paragraph (2) and 
        notwithstanding any other provision of law, the Tribe shall 
        have the exclusive right to develop and market hydroelectric 
        power of the St. Mary Unit.
            (2) Limitations.--The exclusive right described in 
        paragraph (1)--
                    (A) shall expire on the date that is 15 years after 
                the date of enactment of an Act appropriating funds for 
                rehabilitation of the St. Mary Unit; but
                    (B) may be extended by the Secretary at the request 
                of the Tribe.
            (3) OM&R costs.--Effective 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 to any 
        third party, 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.
    (c) 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.
    (d) 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--
            (1) requiring that--
                    (A) 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; 
                and
                    (B) the hydroelectric power generation project will 
                not impair the efficiencies of the Milk River Project 
                for authorized purposes;
            (2) regarding construction and operating criteria and 
        emergency procedures; and
            (3) 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.
    (e) Use of Hydroelectric Power by Tribe.--Any hydroelectric power 
generated in accordance with this section shall be used or marketed by 
the Tribe.
    (f) Revenues.--The Tribe shall collect and retain any revenues from 
the sale of hydroelectric power generated by a project under this 
section.
    (g) 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 those revenues.
    (h) Preference.--During any period for which the exclusive right of 
the Tribe described in subsection (b)(1) is not in effect, the Tribe 
shall have a preference to develop hydropower on the St. Mary Unit 
facilities, in accordance with Bureau of Reclamation guidelines and 
methods for hydroelectric power development at Bureau facilities.

SEC. 9. STORAGE ALLOCATION FROM LAKE ELWELL.

    (a)(1) Storage Allocation to Tribe.--The Secretary shall allocate 
to the Tribe 45,000 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.
    (2) Reduction.--Up to 10,000 acre-feet per year of water allocated 
to the Tribe pursuant to paragraph (1) will be subject to an acre-foot 
for acre-foot reduction if depletions from the Tribal water rights 
above Lake Elwell exceed 88,000 acre-feet per year of water because of 
New Development (as defined in article II.37 of the Compact).
    (b) Treatment.--
            (1) In general.--The allocation to the Tribe under 
        subsection (a) shall be considered to be part of the Tribal 
        water rights.
            (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.--The Tribe shall administer the water 
        allocated under subsection (a) in accordance with the Compact 
        and this Act.
    (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 establishing 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 those 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 
                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 nonreimbursable;
                    (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 (d);
                    (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 transferred for industrial purposes as 
                described in subparagraph (H);
                    (H) for each acre-foot of stored water leased or 
                transferred 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 transferred 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; and
                    (I) the adjustment process identified in subsection 
                (a)(1) will be based on specific enumerated provisions.
    (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) No Carryover Storage.--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 any water 
allocated under this section.

SEC. 10. IRRIGATION ACTIVITIES.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary, acting through the Commissioner of Reclamation and in 
accordance with subsection (c), shall carry out the following actions 
relating to the Blackfeet Irrigation Project:
            (1) Deferred maintenance.
            (2) Dam safety improvements for Four Horns Dam.
            (3) Rehabilitation and enhancement of the Four Horns Feeder 
        Canal, Dam, and Reservoir.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activities carried out under this section.
    (c) Scope of Deferred Maintenance Activities and Four Horns Dam 
Safety Improvements.--
            (1) In general.--Subject to the conditions described in 
        paragraph (2), the scope of the deferred maintenance activities 
        and Four Horns Dam safety improvements shall be as generally 
        described in--
                    (A) the document entitled ``Engineering Evaluation 
                and Condition Assessment, Blackfeet Irrigation 
                Project'', prepared by DOWL HKM, and dated August 2007; 
                and
                    (B) the provisions relating to Four Horns 
                Rehabilitated Dam of the document entitled ``Four Horns 
                Dam Enlarged Appraisal Evaluation Design Report'', 
                prepared by DOWL HKM, and dated April 2007.
            (2) Conditions.--The conditions referred to in paragraph 
        (1) are that, before commencing construction activities, the 
        Secretary shall--
                    (A) review the design of the proposed 
                rehabilitation or improvement;
                    (B) perform value engineering analyses;
                    (C) perform appropriate Federal environmental 
                compliance activities; and
                    (D) ensure that the deferred maintenance activities 
                and dam safety improvements may be constructed using 
                only the amounts made available under section 18.
    (d) Scope of Rehabilitation and Enhancement of Four Horns Feeder 
Canal, Dam, and Reservoir.--
            (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 April 2013, subject 
        to the condition that, before commencing construction 
        activities, the Secretary shall--
                    (A) review the design of the proposed 
                rehabilitation or improvement;
                    (B) perform value engineering analyses;
                    (C) perform appropriate Federal environmental 
                compliance activities; and
                    (D) ensure that the rehabilitation and improvements 
                may be constructed using only the amounts made 
                available under section 18.
            (2) Inclusions.--The activities carried out by the 
        Secretary under this subsection shall include--
                    (A) the rehabilitation or improvement of the Four 
                Horns feeder canal system to a capacity of not fewer 
                than 360 cubic feet per second;
                    (B) the rehabilitation or improvement of the outlet 
                works of Four Horns Dam and Reservoir to deliver not 
                less than 15,000 acre-feet of water per year, in 
                accordance with subparagraph (C); and
                    (C) construction of facilities to deliver not less 
                than 15,000 acre-feet of water per year from Four Horns 
                Dam and Reservoir, to a point on or near 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 on Birch Creek, in 
                accordance with the Birch Creek Agreement.
            (3) 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.
    (e) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $54,900,000, of 
which--
            (1) $40,900,000 shall be allocated to carry out the 
        activities described in subsection (c); and
            (2) $14,000,000 shall be allocated to carry out the 
        activities described in subsection (d)(2).
    (f) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (g) Non-Federal Contribution.--No part of the project under 
subsection (d) shall be commenced until the State has made available 
$20,000,000 to carry out the activities described in subsection (d)(2).
    (h) 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 
(m), subject to the condition that the total cost for the oversight 
shall not exceed 4 percent of the total project costs for each project.
    (i) Project Efficiencies.--If the total cost of planning, design, 
and construction activities relating to the projects described in this 
section results in cost savings and is less than the amounts authorized 
to be obligated, the Secretary, at the request of the Tribe, may--
            (1) use those cost savings to carry out a project described 
        in section 7(d), 11, 12, or 13; or
            (2) deposit those cost savings to the Blackfeet OM&R Trust 
        Account.
    (j) Ownership by Tribe of Birch Creek Delivery Facilities.--
Notwithstanding any other provision of law, the Secretary shall 
transfer to the Tribe, at no cost, title in and to the facilities 
constructed under subsection (d)(2)(C).
    (k) Ownership, Operation, and Maintenance.--On transfer to the 
Tribe of title under subsection (j), the Tribe shall--
            (1) be responsible for OM&R in accordance with the Birch 
        Creek Agreement; and
            (2) enter into an agreement with the Bureau of Indian 
        Affairs regarding the operation of the facilities described in 
        that subsection.
    (l) Liability of United States.--The United States shall have no 
obligation or responsibility with respect the facilities described in 
subsection (d)(2)(C).
    (m) 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 this section.
    (n) Effect.--Nothing in this section--
            (1) alters any applicable law (including regulations) under 
        which the Bureau of Indian Affairs collects assessments or 
        carries out Blackfeet Irrigation Project OM&R or
            (2) impacts the availability of amounts made available 
        under subsection (a)(1)(B) of section 18.

SEC. 11. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary, acting through the Commissioner of Reclamation, shall plan, 
design, and construct the water diversion and delivery features of 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 water 
diversion and delivery features of 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'', prepared 
        by DOWL HKM, dated June 2010, and modified by DOWL HKM in the 
        addendum to the report dated March 2013, subject to the 
        condition that, before commencing final design and construction 
        activities, the Secretary shall--
                    (A) review the design of the proposed 
                rehabilitation and construction;
                    (B) perform value engineering analyses; and
                    (C) perform 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, if any, to the final 
        design--
                    (A) to ensure that the final design meets 
                applicable industry standards;
                    (B) to improve the cost-effectiveness of the 
                delivery of MR&I System water; and
                    (C) to ensure that the MR&I System may be 
                constructed using only the amounts made available under 
                section 18.
    (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 $76,200,000.
    (f) Non-Federal Contribution.--
            (1) Consultation.--Before 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 possibility 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 by the 
        parties described in paragraph (1) to be appropriate, the 
        Secretary shall initiate negotiations for an agreement 
        regarding the means by which the contributions shall be 
        provided.
    (g) Ownership by Tribe.--Title to the MR&I System and all 
facilities rehabilitated or constructed under this section shall be 
held by the Tribe.
    (h) 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 this 
section, subject to the condition that the total cost for the oversight 
shall not exceed 4 percent of the total costs incurred under this 
section.
    (i) OM&R Costs.--The Federal Government shall have no obligation to 
pay for the operation, maintenance, or replacement costs for any 
facility rehabilitated or constructed under this section.
    (j) Project Efficiencies.--If the total cost of planning, design, 
and construction activities relating to the projects described in this 
section results in cost savings and is less than the amounts authorized 
to be obligated, the Secretary, at the request of the Tribe, may--
            (1) use those cost savings to carry out a project described 
        in section 7(d), 10, 11(a), 12, or 13; or
            (2) deposit those cost savings to the Blackfeet OM&R Trust 
        Account.
    (k) 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 this section.

SEC. 12. DESIGN AND CONSTRUCTION OF WATER STORAGE AND IRRIGATION 
              FACILITIES.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary, acting through the Commissioner of Reclamation, shall plan, 
design, and construct 1 or more facilities to store water and support 
irrigation on the Reservation 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 
irrigation development and water storage facilities described in 
subsection (c).
    (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 Water Storage, Development, and 
        Project Report'', prepared by DOWL HKM, and dated March 13, 
        2013, as modified and agreed to by the Secretary and the Tribe, 
        subject to the condition that, before commencing final design 
        and construction activities, the Secretary shall--
                    (A) review the design of the proposed construction;
                    (B) perform value engineering analyses; and
                    (C) perform appropriate Federal compliance 
                activities.
            (2) Modification.--The Secretary may modify the scope of 
        construction for the projects described in the document 
        referred to in paragraph (1), if--
                    (A) the modified project is--
                            (i) similar in purpose to the proposed 
                        projects; and
                            (ii) consistent with the purposes of this 
                        Act; and
                    (B) the Secretary has consulted with the Tribe 
                regarding any modification.
            (3) Negotiation with tribe.--On the basis of the review 
        described in paragraph (1)(A), the Secretary shall negotiate 
        with the Tribe appropriate changes, if any, to the final 
        design--
                    (A) to ensure that the final design meets 
                applicable industry standards;
                    (B) to improve the cost-effectiveness of any 
                construction; and
                    (C) to ensure that the projects may be constructed 
                using only the amounts made available under section 18.
    (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 $87,300,000.
    (f) Ownership by Tribe.--Title to all facilities rehabilitated or 
constructed under this section shall be held by the Tribe, except that 
title to the Birch Creek Unit of the Blackfeet Indian Irrigation 
Project shall remain with the Bureau of Indian Affairs.
    (g) 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 this 
section, subject to the condition that the total cost for the oversight 
shall not exceed 4 percent of the total costs incurred under this 
section.
    (h) OM&R Costs.--The Federal Government shall have no obligation to 
pay for the operation, maintenance, or replacement costs for the 
facilities rehabilitated or constructed under this section.
    (i) Project Efficiencies.--If the total cost of planning, design, 
and construction activities relating to the projects described in this 
section results in cost savings and is less than the amounts authorized 
to be obligated, the Secretary, at the request of the Tribe, may--
            (1) use those cost savings to carry out a project described 
        in section 7(d), 10, 11, or 13; or
            (2) deposit those cost savings to the Blackfeet OM&R Trust 
        Account.
    (j) 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 this section.

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

    (a) In General.--
            (1) Scope.--The scope of the construction under this 
        section shall be as generally described in the document 
        entitled ``Blackfeet Water Storage, Development, and Project 
        Report'', prepared by DOWL HKM, and dated March 13, 2013, as 
        modified and agreed to by the Secretary and the Tribe.
            (2) Modification.--The Tribe may modify the scope of the 
        projects described in the document referred to in paragraph (1) 
        if--
                    (A) the modified project is--
                            (i) similar to the proposed project; and
                            (ii) consistent with the purposes of this 
                        Act; and
                    (B) the modification is approved by the Secretary.
    (b) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (c) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $91,000,000.
    (d) OM&R Costs.--The Federal Government shall have no obligation to 
pay for the operation, maintenance, or replacement costs for the 
facilities rehabilitated or constructed under this section.
    (e) Ownership by Tribe.--Title to any facility constructed under 
this section shall be held by the Tribe.

SEC. 14. EASEMENTS AND RIGHTS-OF-WAY.

    (a) Tribal Easements and Rights-of-Way.--
            (1) In general.--On request of the Secretary, the Tribe 
        shall grant, at no cost to the United States, such easements 
        and rights-of-way over tribal land as are necessary for the 
        construction of the projects authorized by sections 10 and 11.
            (2) Jurisdiction.--An easement or right-of-way granted by 
        the Tribe pursuant to paragraph (1) shall not affect in any 
        respect the civil or criminal jurisdiction of the Tribe over 
        the easement or right-of-way.
    (b) Landowner Easements and Rights-of-Way.--In partial 
consideration for the construction activities authorized by section 11, 
and as a condition of receiving service from the MR&I System, a 
landowner shall grant, at no cost to the United States or the Tribe, 
such easements and rights-of-way over the land of the landowner as may 
be necessary for the construction of the MR&I System.
    (c) Land Acquired by United States or Tribe.--Any land acquired 
within the boundaries of the Reservation by the United States on behalf 
of the Tribe, or by the Tribe on behalf of the Tribe, in connection 
with achieving the purposes of this Act shall be held in trust by the 
United States for the benefit of the Tribe.

SEC. 15. 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.--Any use of the Tribal water rights shall be 
        subject to the terms and conditions of the Compact and this 
        Act.
            (3) Conflict.--In the event of a conflict between the 
        Compact and this Act, the provisions of this Act shall control.
    (b) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to, or exceed, the benefits 
the allottees possess 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.
    (c) Trust Status of Tribal Water Rights.--The Tribal water rights--
            (1) shall be held in trust by the United States for the use 
        and benefit of the Tribe and the allottees in accordance with 
        this Act; and
            (2) shall not be subject to forfeiture or abandonment.
    (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.--An allottee 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 seek relief 
                under section 7 of the Act of February 8, 1887 (25 
                U.S.C. 381), or other applicable law.
            (5) Authority of secretary.--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 lease the Tribal water rights for any 
        use on the Reservation in accordance with the Compact, this 
        Act, and applicable Federal law.
            (2) Off-reservation use.--The Tribe may allocate, 
        distribute, and lease the Tribal water rights for off-
        Reservation use in accordance with the Compact, subject to the 
        approval of the Secretary.
            (3) Land leases by allottees.--Notwithstanding paragraph 
        (1), an allottee may lease any interest in land held by the 
        allottee, together with any water right determined to be 
        appurtenant to the interest in land, in accordance with the 
        tribal water code.
    (f) Tribal Water Code.--
            (1) In general.--Notwithstanding article IV.C.1. of the 
        Compact, not later than 4 years after the date on which the 
        Tribe ratifies the Compact in accordance with this Act, the 
        Tribe shall enact a tribal water code that provides for--
                    (A) the management, regulation, and governance of 
                all uses of the Tribal water rights in accordance with 
                the Compact and this Act; and
                    (B) establishment by the Tribe of conditions, 
                permit requirements, and other requirements for the 
                allocation, distribution, or 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--
                    (A) that use of water by allottees shall be 
                satisfied with water from the Tribal water rights;
                    (B) 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 under section 4 of the 
                Act of June 25, 1910 (25 U.S.C. 403);
                    (C) 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
                    (D) a requirement that any allottee asserting 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 before initiating an action against 
                the United States or petitioning the Secretary pursuant 
                to subsection (d)(4)(B).
            (3) Action by secretary.--
                    (A) In general.--During the period beginning on the 
                date of enactment of this Act and ending on the date on 
                which a tribal water code described in paragraphs (1) 
                and (2) is enacted, the Secretary shall administer, 
                with respect to the rights of allottees, the Tribal 
                water rights in accordance with this Act.
                    (B) Approval.--The tribal water code described in 
                paragraphs (1) and (2) shall not be valid unless--
                            (i) the provisions of the tribal water code 
                        required by paragraph (2) are approved by the 
                        Secretary; and
                            (ii) each amendment to the tribal water 
                        code that affects a right of an allottee is 
                        approved by the Secretary.
                    (C) Approval period.--
                            (i) In general.--The Secretary shall 
                        approve or disapprove the tribal water code or 
                        an amendment to the tribal water code not later 
                        than 180 days after the date on which the 
                        tribal water code or amendment is submitted to 
                        the Secretary.
                            (ii) Extension.--The deadline described in 
                        clause (i) may be extended by the Secretary 
                        after consultation with the Tribe.
    (g) Administration.--
            (1) No alienation.--The Tribe shall not permanently 
        alienate any portion of the Tribal water rights.
            (2) Purchases or grants of land from indians.--An 
        authorization provided by this Act for the allocation, 
        distribution, leasing, or other arrangement entered into 
        pursuant to this Act shall be considered to satisfy any 
        requirement for authorization of the action by treaty or 
        convention imposed by section 2116 of the Revised Statutes (25 
        U.S.C. 177).
            (3) Prohibition on forfeiture.--The non-use of all or any 
        portion of the Tribal water rights by a lessee or contractor 
        shall not result in the forfeiture, abandonment, 
        relinquishment, or other loss of all or any portion of the 
        Tribal water rights.
    (h) 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 brought 
        pursuant to section 1491(a) of title 28, United States Code.

SEC. 16. 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''), to be 
managed, invested, and distributed by the Secretary and to remain 
available until expended, consisting of the amounts deposited in the 
Trust Fund under subsection (c), together with any interest earned on 
those amounts, for the purpose of carrying out this Act.
    (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 St. Mary Account.
            (4) The Blackfeet Water, Storage, and Development Projects 
        Account.
    (c) Deposits.--The Secretary shall deposit in the Trust Fund--
            (1) in the Administration and Energy Account, the amount 
        made available pursuant to section 18(a)(1)(A);
            (2) in the OM&R Account, the amount made available pursuant 
        to section 18(a)(1)(B);
            (3) in the St. Mary Account, the amount made available 
        pursuant to section 18(a)(1)(C); and
            (4) in the Blackfeet Water, Storage, and Development 
        Projects Account, the amount made available pursuant to section 
        18(a)(1)(D).
    (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.--
            (1) In general.--Amounts appropriated to, and deposited in, 
        the Trust Fund, including any investment earnings, shall be 
        made available to the Tribe by the Secretary beginning on the 
        enforceability date.
            (2) Funding for tribal implementation activities.--
        Notwithstanding paragraph (1), on approval pursuant to this Act 
        and the Compact by a referendum vote of a majority of votes 
        cast by members of the Tribe on the day of the vote, as 
        certified by the Secretary and the Tribe and subject to the 
        availability of appropriations, of the amounts in the 
        Administration and Energy Account, $4,800,000 shall be made 
        available to the Tribe for the implementation of this Act.
    (f) Withdrawals Under AIFRMRA.--
            (1) In general.--The Tribe may withdraw any portion of the 
        funds in the Trust Fund 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 and 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 under this subsection are 
                used in accordance with this Act.
    (g) Withdrawals Under Expenditure Plan.--
            (1) In general.--The Tribe may submit to the Secretary a 
        request to withdraw funds from the Trust Fund pursuant to an 
        approved expenditure plan.
            (2) Requirements.--To be eligible to withdraw funds under 
        an expenditure plan under paragraph (1), 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 
        pursuant to this subsection, subject to the condition that the 
        funds shall be used for the purposes described in this Act.
            (3) Inclusions.--An expenditure plan under this subsection 
        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).
            (4) Approval.--On receipt of an expenditure plan under this 
        subsection, the Secretary shall approve the plan, if the 
        Secretary determines that the plan--
                    (A) is reasonable; and
                    (B) is consistent with, and will be used for, the 
                purposes of this Act.
            (5) Enforcement.--The Secretary may carry out such judicial 
        and administrative actions as the Secretary determines to be 
        necessary to enforce an expenditure plan to ensure that amounts 
        disbursed under this subsection are used in accordance 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 rights and energy 
        development projects under this Act and the Compact.
            (2) The OM&R Account shall be used to assist the Tribe in 
        paying OM&R costs.
            (3) The St. Mary Account shall be distributed pursuant to 
        an expenditure plan approved under subsection (g), subject to 
        the conditions that--
                    (A) during the period for which the amount is 
                available and held by the Secretary, $500,000 shall be 
                distributed to the Tribe annually as compensation for 
                the deferral of the St. Mary water right; and
                    (B) any additional amounts deposited in the account 
                may be withdrawn and used by the Tribe to pay OM&R 
                costs or other expenses for 1 or more projects to 
                benefit the Tribe, as approved by the Secretary, 
                subject to the requirement that the Secretary shall not 
                approve an expenditure plan under this paragraph unless 
                the Tribe provides a resolution of the tribal council--
                            (i) approving the withdrawal of the funds 
                        from the account; and
                            (ii) acknowledging that the Secretary will 
                        not be able to distribute funds under 
                        subparagraph (A) indefinitely if the principal 
                        funds in the account are reduced.
            (4) The Blackfeet Water, Storage, and Development Projects 
        Account shall be used to carry out section 13.
    (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) or (g).
    (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) Deposit of Funds.--On request by the Tribe, the Secretary may 
deposit amounts from an account described in paragraph (1), (2), or (4) 
of subsection (b) to any other account the Secretary determines to be 
appropriate.

SEC. 17. BLACKFEET WATER SETTLEMENT IMPLEMENTATION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a nontrust, interest-bearing account, to be known as the 
``Blackfeet Water Settlement Implementation Fund'' (referred to in this 
section as the ``Implementation Fund''), to be managed and distributed 
by the Secretary, for use by the Secretary for carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the Implementation 
Fund the following accounts:
            (1) The MR&I System, Irrigation, and Water Storage Account.
            (2) The Blackfeet Irrigation Project Deferred Maintenance 
        and Four Horns Dam Safety Improvements Account.
            (3) The St. Mary/Milk Water Management and Activities Fund.
    (c) Deposits.--The Secretary shall deposit in the Implementation 
Fund--
            (1) in the MR&I System, Irrigation, and Water Storage 
        Account, the amount made available pursuant to section 
        18(a)(2)(A);
            (2) in the Blackfeet Irrigation Project Deferred 
        Maintenance and Four Horns Dam Safety Improvements Account, the 
        amount made available pursuant to section 18(a)(2)(B); and
            (3) in the St. Mary/Milk Water Management and Activities 
        Fund, the amount made available pursuant to section 
        18(a)(2)(C).
    (d) Uses.--
            (1) MR&I system, irrigation, and water storage account.--
        The MR&I System, Irrigation, and Water Storage Account shall be 
        used to carry out sections 11 and 12.
            (2) Blackfeet irrigation project deferred maintenance and 
        four horns dam safety improvements account.--The Blackfeet 
        Irrigation Project Deferred Maintenance and Four Horns Dam 
        Safety Improvements Account shall be used to carry out section 
        10.
            (3) St. mary/milk water management and activities 
        account.--The St. Mary/Milk Water Management and Activities 
        Account shall be used to carry out sections 5 and 7.
    (e) Management.--Amounts in the Implementation Fund shall not be 
available to the Secretary for expenditure until the enforceability 
date.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (b), there are authorized to 
be appropriated to the Secretary--
            (1) as adjusted on appropriation to reflect changes since 
        April 2010 in the Consumer Price Index for All Urban Consumers 
        West Urban 50,000 to 1,500,000 index for the amount 
        appropriated--
                    (A) for deposit in the Administration and Energy 
                Account of the Blackfeet Settlement Trust Fund 
                established under section 16(b)(1), $28,900,000;
                    (B) for deposit in the OM&R Account of the 
                Blackfeet Settlement Trust Fund established under 
                section 16(b)(2), $27,760,000;
                    (C) for deposit in the St. Mary Account of the 
                Blackfeet Settlement Trust Fund established under 
                section 16(b)(3), $27,800,000; and
                    (D) for deposit in the Blackfeet Water, Storage, 
                and Development Projects Account of the Blackfeet 
                Settlement Trust Fund established under section 
                16(b)(4), $91,000,000; and
            (2) as adjusted annually to reflect changes since April 
        2010 in the Bureau of Reclamation Construction Cost Trends 
        Index applicable to the types of construction involved--
                    (A) for deposit in the MR&I System, Irrigation, and 
                Water Storage Account of the Blackfeet Water Settlement 
                Implementation Fund established under section 17(b)(1), 
                $163,500,000;
                    (B) for deposit in the Blackfeet Irrigation Project 
                Deferred Maintenance, Four Horns Dam Safety, and 
                Rehabilitation and Enhancement of the Four Horns Feeder 
                Canal, Dam, and Reservoir Improvements Account of the 
                Blackfeet Water Settlement Implementation Fund 
                established under section 17(b)(2), $54,900,000, of 
                which--
                            (i) $40,900,000 shall be made available for 
                        activities and projects under section 10(c); 
                        and
                            (ii) $14,000,000 shall be made available 
                        for activities and projects under section 
                        10(d)(2); and
                    (C) for deposit in the St. Mary/Milk Water 
                Management and Activities Account of the Blackfeet 
                Water Settlement Implementation Fund established under 
                section 17(b)(3), $28,100,000, of which--
                            (i) $27,600,000 shall be allocated in 
                        accordance with section 7(g); and
                            (ii) $500,000 shall be used to carry out 
                        section 5.
    (b) Adjustments.--
            (1) In general.--The adjustment of the amounts authorized 
        to be appropriated pursuant to subsection (a)(1) shall occur 
        each time an amount is appropriated for an account and shall 
        add to, or subtract from, as applicable, the total amount 
        authorized.
            (2) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated until the amount authorized, as adjusted, has been 
        appropriated.
            (3) Treatment.--The amount of an adjustment may be 
        considered--
                    (A) to be authorized as of the date on which 
                congressional action occurs; and
                    (B) in determining the amount authorized to be 
                appropriated.

SEC. 19. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST AND GLACIER 
              NATIONAL PARK.

    The instream flow water rights of the Tribe on land within the 
Lewis and Clark National Forest and Glacier National Park--
            (1) are confirmed; and
            (2) shall be as described in the document entitled 
        ``Stipulation to Address Claims by and for the Benefit of the 
        Blackfeet Indian Tribe to Water Rights in the Lewis & Clark 
        National Forest and Glacier National Park,'' dated ______, and 
        as finally decreed by the Montana Water Court, or, if the 
        Montana Water Court is found to lack jurisdiction, by the 
        United States district court with jurisdiction.

SEC. 20. WAIVERS AND RELEASES OF CLAIMS.

    (a) In General.--
            (1) Waiver and release of claims by tribe and united states 
        as trustee for tribe.--Subject to the reservation of rights and 
        retention of claims under subsection (c), as consideration for 
        recognition of the Tribal water rights and other benefits as 
        described in the Compact and this Act, the Tribe, acting on 
        behalf of the Tribe and members of the Tribe (but not any 
        member of the Tribe as an allottee), and the United States, 
        acting as trustee for the Tribe and the members of the Tribe 
        (but not any member of the Tribe as an allottee), 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 in the Compact and this Act.
            (2) Waiver and release of claims by united states as 
        trustee for allottees.--Subject to the reservation of rights 
        and the retention of claims under subsection (c), as 
        consideration for recognition of the Tribal water rights and 
        other benefits as described in the Compact and this Act, the 
        United States, acting as trustee for allottees, shall execute a 
        waiver and release of all claims for water rights within the 
        Reservation that the United States, acting as trustee for the 
        allottees, 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 in the Compact and this Act.
            (3) Waiver and release of claims by tribe against united 
        states.--Subject to the reservation of rights and retention of 
        claims under subsection (d), the Tribe, acting on behalf of the 
        Tribe and members of the Tribe (but not any member of the Tribe 
        as an allottee), shall execute a waiver and release of all 
        claims against the United States (including any agency or 
        employee of the United States)--
                    (A) relating to--
                            (i) 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 stream adjudication in 
                        the State, except to the extent that such 
                        rights are recognized as Tribal water rights 
                        under this Act;
                            (ii) damage, loss, or injury 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, or taking of 
                        water, or 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;
                            (iii) a failure to establish or provide a 
                        municipal rural or industrial water delivery 
                        system on the Reservation;
                            (iv) a failure to provide for operation or 
                        maintenance, or deferred maintenance, for the 
                        Blackfeet Irrigation Project or any other 
                        irrigation system or irrigation project on the 
                        Reservation;
                            (v) the litigation of claims relating to 
                        the water rights of the Tribe in the State; and
                            (vi) the negotiation, execution, or 
                        adoption of the Compact (including exhibits) or 
                        this Act;
                    (B) reserved in subsections (b) through (d) of 
                section 6 of the settlement for the case styled 
                Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl. 
                2012); and
                    (C) that first accrued at any time on or before the 
                enforceability date--
                            (i) 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 of the Milk River Project;
                            (ii) relating to the construction, 
                        operation, and maintenance of the St. Mary Unit 
                        of the Milk River Project, including Sherburne 
                        Dam, St. Mary Diversion Dam, St. Mary Canal and 
                        associated infrastructure, and the management 
                        of flows in Swiftcurrent Creek, including the 
                        diversion of Swiftcurrent Creek into Lower St. 
                        Mary Lake;
                            (iii) relating to the construction, 
                        operation, and management of Lower Two Medicine 
                        Dam and Reservoir and Four Horns Dam and 
                        Reservoir, including any claim relating to the 
                        failure to provide dam safety improvements for 
                        Four Horns Reservoir; or
                            (iv) relating to the allocation of waters 
                        of the Milk River and 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.--The waivers and releases under subsection (a) 
shall take effect on the enforceability date.
    (c) Withdrawal of Objections.--The Tribe shall withdraw all 
objections to the water rights claims filed by the United States for 
the benefit of the Milk River Project, except objections to those 
claims consolidated for adjudication within Basin 40J, within 14 days 
of the certification under section 20(f)(5) that the Tribal membership 
has approved the Compact and this Act.
            (1) Prior to withdrawal of the objections, the Tribe may 
        seek leave of the Montana Water Court for a right to reinstate 
        the objections in the event the conditions of enforceability in 
        section 20(f) (1) through (8) are not satisfied by the date of 
        expiration described in section 23 of this Act.
            (2) If the conditions of enforceability in section 20(f) 
        (1) through (8) are satisfied, and any authority the Montana 
        Water Court may have granted the Tribe to reinstate objections 
        described in this section has not yet expired, the Tribe shall 
        notify the Montana Water Court and the United States in writing 
        that it will not exercise any such authority.
    (d) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases under subsection (a), the Tribe, acting on 
behalf of the Tribe and members of the Tribe, and the United States, 
acting as trustee for the Tribe and allottees, shall retain--
            (1) all claims relating to--
                    (A) enforcement of, or claims accruing after the 
                enforceability date relating to water rights recognized 
                under, the Compact, any final decree, or this Act;
                    (B) activities affecting the quality of water, 
                including any claim under--
                            (i) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.), including 
                        damages to natural resources;
                            (ii) the Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.);
                            (iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.) (commonly referred 
                        to as the ``Clean Water Act''); and
                            (iv) any regulations implementing the Acts 
                        described in clauses (i) through (iii); or
                    (C) damage, loss, or injury to land or natural 
                resources that are not due to loss of water or water 
                rights (including hunting, fishing, gathering, or 
                cultural rights);
            (2) all rights to use and protect water rights acquired 
        after the date of enactment of this Act; and
            (3) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        Act or the Compact.
    (e) Effect of Compact and Act.--Nothing in the Compact or this 
Act--
            (1) affects the ability of the United States, acting as a 
        sovereign, to take any action authorized by law (including any 
        law 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.) (commonly referred to as the 
                ``Clean Water Act''); and
                    (D) any regulations implementing the Acts described 
                in subparagraphs (A) through (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 regarding health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                any other party pursuant to a Federal law regarding 
                health, safety, or the environment; or
                    (C) to conduct judicial review of a 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 tribal 
        member in the settlement for the case styled Cobell v. Salazar, 
        No. 1:96CV01285-JR (D.D.C. 2012).
    (f) 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 approved the Compact, 
        and that decision has become final and nonappealable; or
            (B) if the Montana Water Court is found to lack 
        jurisdiction, the appropriate United States district court has 
        approved the Compact, and that decision has become final and 
        nonappealable;
            (2) all amounts authorized under section 18(a) have been 
        appropriated;
            (3) the agreements required by sections 6(c), 7(f), and 
        9(c) have been executed;
            (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, the Birch 
        Creek Agreement, and this Act;
            (5) the members of the Tribe have 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 
        9(a);
            (7) the agreement or terms and conditions referred to in 
        section 5 are executed and final; and
            (8) the waivers and releases described in subsection (a) 
        have been executed by the Tribe and the Secretary.
    (g) 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 during 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.
    (h) Expiration.--If all appropriations authorized by this Act have 
not been made available to the Secretary by January 21, 2026, the 
waivers and releases described in this section shall--
            (1) expire; and
            (2) have no further force or effect.
    (i) Voiding of Waivers.--If the waivers and releases described in 
this section are void under subsection (g)--
            (1) the approval of the United States of the Compact under 
        section 4 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, and any water 
        rights or contracts to use water and title to other property 
        acquired or constructed with Federal funds appropriated or made 
        available to carry out the activities authorized under 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 under 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 any user of the Tribal water 
        rights or in any future settlement of the water rights of the 
        Tribe or an allottee.

SEC. 21. 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 
full satisfaction of all--
            (1) claims of the Tribe against the United States waived 
        and released pursuant to section 20(a); and
            (2) objections withdrawn pursuant to section 20(c).
    (b) Allottee Claims.--The benefits realized by the allottees under 
this Act shall be in complete replacement of, complete substitution 
for, and full satisfaction of--
            (1) all claims waived and released pursuant to section 
        20(a)(2); and
            (2) any claim of an allottee against the United States 
        similar in nature to a claim described in section 20(a)(2) that 
        the allottee asserted or could have asserted.

SEC. 22. 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 any 
Indian-owned land located within the Reservation--
            (1) the United States shall not submit against that 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 that land shall be made regarding that 
        cost.
    (d) Limitation on Liability of United States.--
            (1) In general.--The United States has no obligation--
                    (A) to monitor, administer, or account for, in any 
                manner, any funds provided to the Tribe by the State; 
                or
                    (B) to review or approve any expenditure of those 
                funds.
            (2) Indemnity.--The Tribe shall indemnify the United 
        States, and hold the United States harmless, with respect to 
        all claims (including claims for takings or breach of trust) 
        arising from the receipt or expenditure of amounts described in 
        the subsection.
    (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 Laws.--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 
the reclamation laws, 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 is 
approved to the extent that the Birch Creek Agreement requires approval 
under section 2116 of the Revised Statutes (25 U.S.C. 177).
    (i) Limitation on Effect.--Nothing in this Act or the Compact--
            (1) makes an allocation or apportionment of water between 
        or among States; or
            (2) addresses or implies whether, how, or to what extent 
        the Tribal water rights, or any portion of the Tribal water 
        rights, should be accounted for as part of, or otherwise 
        charged against, an allocation or apportionment of water made 
        to a State in an interstate allocation or apportionment.

SEC. 23. EXPIRATION ON FAILURE TO MEET ENFORCEABILITY DATE.

    If the Secretary fails to publish a statement of findings under 
section 20(f) by not later than January 21, 2025, 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 expires effective on the later of--
                    (A) January 22, 2025; 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 18, together 
        with any interest on those amounts, that remain unexpended 
        shall immediately revert to the general fund of the Treasury, 
        except for any funds made available under section 16(e)(2) if 
        the Montana Water Court denies the Tribe's request to reinstate 
        the objections in section 20(c); and
            (4) 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, except for any funds provided under section 
                16(e)(2) if the Montana Water court denies the Tribe's 
                request to reinstate the objections in section 20(c).

SEC. 24. 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--
            (1) adequate appropriations are not provided expressly by 
        Congress to carry out the purposes of this Act; or
            (2) there are not enough monies available to carry out the 
        purposes of this Act in 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)).

SEC. 25. OFFSETS.

    If insufficient funds are appropriated to carry out this Act for a 
fiscal year, the Secretary may use to carry out this Act such amounts 
as are necessary from other amounts made available to the Secretary for 
that fiscal year that are not otherwise obligated.
                                 <all>