[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3013 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3013
To authorize and implement the water rights compact among the
Confederated Salish and Kootenai Tribes of the Flathead Indian
Reservation, the State of Montana, and the United States, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26, 2016
Mr. Tester introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To authorize and implement the water rights compact among the
Confederated Salish and Kootenai Tribes of the Flathead 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 ``Salish and Kootenai Water Rights
Settlement Act of 2016''.
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 Confederated Salish and Kootenai Tribes of
the Flathead Indian Reservation; and
(B) the United States, for the benefit of the
Tribes and allottees;
(2) to authorize, ratify, confirm, and provide funding for
the Compact, 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) Agriculture development account.--The term
``Agriculture Development Account'' means the Selis-Qlispe
Ksanka Agriculture Development Account established under
section 9(b)(1).
(2) Allottee.--The term ``allottee'' means an individual
who holds a beneficial real property interest in Indian land
that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(4) Community development account.--The term ``Community
Development Account'' means the Selis-Qlispe Ksanka Community
Development Account established under section 9(b)(3).
(5) Compact.--
(A) In general.--The term ``Compact'' means the
water rights settlement entered into by the Tribes, the
State, and the United States, as contained in part 19
of chapter 20 of title 85, Montana Code Annotated
(2015).
(B) Inclusions.--The term ``Compact'' includes any
appendix, exhibit, or amendment (including any
amendment to an appendix or exhibit) to the Compact
that is executed in accordance with this Act.
(6) Compact fund.--The term ``Compact Fund'' means the
Salish and Kootenai Compact Fund established by section 10(a).
(7) Compact implementation account.--The term ``Compact
Implementation Account'' means the Compact Implementation
Account established under section 10(b)(1).
(8) Economic development account.--The term ``Economic
Development Account'' means the Selis-Qlispe Ksanka Economic
Development Account established under section 9(b)(2).
(9) Enforceability date.--The term ``enforceability date''
means the date described in section 12(b).
(10) Flathead indian irrigation project.--
(A) In general.--The term ``Flathead Indian
irrigation project'' means the irrigation project
developed by the United States to irrigate land within
the Reservation pursuant to--
(i) the Act of April 23, 1904 (33 Stat.
302, chapter 1495); and
(ii) the Act of May 29, 1908 (35 Stat. 444,
chapter 216).
(B) Inclusions.--The term ``Flathead Indian
irrigation project'' includes--
(i) all land and any reservoir, easement,
right-of-way, canal, ditch, lateral, and any
other facility of the Flathead Indian
irrigation project (whether located on or off
the Reservation); and
(ii) any headgate, pipeline, pump,
building, heavy equipment, vehicle, supplies,
record, copy of a record, and any other
physical, tangible object (whether of real or
personal property) used in the management and
operation of the Flathead Indian irrigation
project.
(11) Flathead indian irrigation project account.--The term
``Flathead Indian Irrigation Project Account'' means the
Flathead Indian Irrigation Project Account established under
section 10(b)(2).
(12) Hungry horse dam.--The term ``Hungry Horse Dam'' means
the dam that is a part of the Hungry Horse Project.
(13) Hungry horse project.--The term ``Hungry Horse
Project'' means that project authorized to be carried out by
the Secretary under the Act of June 5, 1944 (58 Stat. 270,
chapter 234; 43 U.S.C. 593a et seq.).
(14) Hungry horse reservoir.--The term ``Hungry Horse
Reservoir'' means the reservoir that is a part of the Hungry
Horse Project.
(15) Indian land.--The term ``Indian land'' means land
owned by an Indian tribe or a member of an Indian tribe.
(16) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(17) Law of administration.--The term ``law of
administration'' means the Unitary Administration and
Management Ordinance described in the Compact.
(18) Reservation.--
(A) In general.--The term ``Reservation'' means all
land within the exterior boundaries of the Indian
reservation established under the Treaty between the
United States and the Flathead, Kootenay, and Upper
Pend d'Oreilles Indians, concluded at Hell Gate July
16, 1855 (12 Stat. 975), notwithstanding the issuance
of any patent on the Reservation.
(B) Inclusions.--The term ``Reservation'' includes
any right-of-way through the Reservation.
(19) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(20) State.--The term ``State'' means the State of Montana.
(21) Tribal water right.--The term ``tribal water right''
means the water right of the Tribes as set forth in the
Compact.
(22) Tribes.--
(A) In general.--The term ``Tribes'' means the
Confederated Salish and Kootenai Tribes of the Flathead
Reservation of Montana.
(B) Inclusions.--The term ``Tribes'' includes all
officers, agencies, and departments of the Tribes.
(23) Trust fund.--The term ``Trust Fund'' means the Selis-
Qlispe Ksanka Settlement Trust Fund established by section
9(a).
SEC. 4. RATIFICATION OF COMPACT.
(a) Ratification.--
(1) In general.--Except as modified by this Act, and to the
extent that the Compact does not conflict with this Act, the
Compact is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Compact is executed
in accordance with this Act to make the Compact consistent with
this Act, the amendment is authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent that the Compact does not
conflict with this Act, the Secretary shall execute the
Compact, and all exhibits and appendices 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 Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this Act,
the Secretary shall comply with each applicable provision 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) any other applicable environmental law.
(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 any
Federal compliance activity necessary to implement the
Compact and this Act.
SEC. 5. TRIBAL WATER RIGHT.
(a) Intent of Congress.--It is the intent of Congress to provide to
each allottee benefits that are equal to, or greater than, the benefits
the allottee possesses 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 right;
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 the allottees.
(b) Confirmation of Tribal Water Right.--
(1) In general.--The tribal water right is ratified,
confirmed, and declared to be valid.
(2) Use.--Any use of the tribal water right 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, this Act shall control.
(c) Trust Status of Tribal Water Right.--The tribal water right--
(1) shall be held in trust by the United States for the use
and benefit of the Tribes and allottees in accordance with this
Act; and
(2) shall not be subject to loss through nonuse, forfeiture
or abandonment, or other operation of law.
(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 right.
(2) Entitlement to water.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the tribal
water right.
(3) Allocations.--Each allottee shall be entitled to a just
and equitable allocation of irrigation 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 law of administration.
(B) Action for relief.--After the exhaustion of all
remedies available under the law of administration, an
allottee may seek relief under section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), or any other
applicable law.
(5) Authority.--The Secretary shall have the authority to
protect the rights of allottees described in this section.
(e) Authority of Tribes.--
(1) In general.--The Tribes shall have the authority to
allocate, distribute, and lease the tribal water right for any
use on the Reservation in accordance with the Compact, the law
of administration, this Act, and applicable Federal law.
(2) Off-reservation use.--The Tribes may allocate,
distribute, and lease the tribal water right for off-
Reservation use in accordance with the Compact, subject to the
approval of the Secretary.
(f) Law of Administration.--
(1) In general.--During the period beginning on the date of
enactment of this Act and ending on the date on which the law
of administration becomes effective on the Reservation, the
Secretary shall administer, with respect to the rights of the
allottees, the tribal water right in accordance with this Act.
(2) Approval.--The Secretary shall approve--
(A) the law of administration not later than 180
days after the date of ratification of the law of
administration by the Tribes and the State; and
(B) each amendment to the law of administration
affecting a right of an allottee, to the extent it is
consistent with this Act, not later than 180 days after
the date of ratification of the amendment by the Tribes
and the State.
(3) Extension.--Any deadline described in paragraph (2) may
be extended by the Secretary, subject to the approval of the
Tribes.
(g) Administration.--
(1) Alienation.--The Tribes shall not permanently alienate
any portion of the tribal water right.
(2) Purchases or grants of land from indians.--The
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 under section 2116 of the Revised Statutes (25
U.S.C. 177).
(3) Prohibition on forfeiture.--The nonuse of all or any
portion of the tribal water right 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 right.
SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR.
(a) Storage Allocation to Tribes.--Subject to subsection (b)(4),
the Secretary shall allocate to the Tribes 90,000 acre-feet per year,
as measured at the Hungry Horse Dam, of storage water in Hungry Horse
Reservoir for use by the Tribes for any beneficial purpose on or off
the Reservation.
(b) Treatment.--
(1) In general.--The allocation under subsection (a) shall
be considered to be part of the tribal water right.
(2) Priority date.--The priority date of the allocation to
the Tribes under subsection (a) shall be July 16, 1855.
(3) Administration.--The Tribes shall administer the water
allocated under subsection (a) in accordance with the Compact
and this Act.
(4) Limitations.--
(A) In general.--The allocation under subsection
(a) shall be limited in accordance with the report of
the State entitled ``Biological Impact Evaluation and
Operational Constraints for a Proposed 90,000 Acre-Foot
Withdrawal'', dated September 14, 2011, and attached to
the Compact as Appendix 8.
(B) Amendments.--
(i) In general.--The United States, the
Tribes, and the State, on mutual written
agreement and in accordance with any applicable
law (including the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.)), may amend the
Biological Impact Evaluation Constraints
identified in the report described in
subparagraph (A).
(ii) Treatment.--Any amendment under clause
(i) shall be considered an amendment pursuant
to, and not an amendment of, this Act or the
Compact.
(c) Allocation Agreement.--
(1) In general.--As a condition of receiving the allocation
under subsection (a), the Tribes 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 a limit as to a
term;
(B) the Tribes, and not the United States, shall be
entitled to all consideration due to the Tribes under
any lease, contract, or agreement entered into by the
Tribes pursuant to subsection (d);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Tribes as
consideration under any lease, contract, or
agreement entered into by the Tribes pursuant
to subsection (d); or
(ii) the expenditure of those funds;
(D) if the capacity or function of any facility of
Hungry Horse Reservoir or Hungry Horse Dam is
significantly reduced, or is anticipated to be
significantly reduced, for an extended period of time,
the Tribes shall have the same storage rights as other
storage contractors with respect to the allocation
under subsection (a);
(E) the costs associated with the construction and
operation of the storage facilities at Hungry Horse
Reservoir and Hungry Horse Dam allocable to the Tribes
shall be nonreimbursable;
(F) no water service capital charge shall be due or
payable for any water allocated under subsection (a) or
the allocation agreement, regardless of whether that
water is delivered for use by the Tribes or under a
lease, contract, or by an agreement entered into by the
Tribes pursuant to subsection (d); and
(G) the Tribes shall not be required to make
payments to the United States for any water allocated
under subsection (a) or the agreement.
(d) Agreements by Tribes.--The Tribes may use, lease, contract,
exchange, or enter into one or more other agreements for use of the
water allocated under subsection (a) if--
(1) the water that is the subject of the agreement is used
within the Flathead Basin or Clark Fork Basin within the State;
and
(2) the agreement does not permanently alienate any portion
of the water allocated under subsection (a).
(e) Mitigation Water.--The Tribes shall, in accordance with the
Compact, make available not more than 11,000 acre-feet per year of the
water allocated under subsection (a) to the State for mitigation of
future and existing growth outside the boundaries of the Reservation.
(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 subsection (a).
(h) New Uses.--Except as provided in Article III.C.1.c of the
Compact, the Tribes shall not develop any new use for the allocation
under subsection (a) until the date on which the agreement entered into
under subsection (c) takes effect.
(i) State Water Rights.--With respect to any water right arising
under the law of the State in the Hungry Horse Reservoir owned or
acquired by the Tribes, the Tribes--
(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 the
agreement is entered into under subsection (c).
(j) Effective Date.--The allocation under subsection (a) takes
effect on the enforceability date.
SEC. 7. HYDROPOWER.
(a) Bureau of Reclamation Jurisdiction.--The Commissioner shall
have exclusive jurisdiction to authorize the development of any
hydroelectric power generation project within the Reservation.
(b) Exclusive Right of the Tribes.--Notwithstanding any other
provision of law, the Tribes shall have the exclusive right to develop
and market any hydroelectric power generation project on bodies of
water within the Reservation.
(c) Bureau of Reclamation Cooperation.--The Commissioner shall
cooperate with the Tribes 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 Tribes shall enter into an
agreement with the Commissioner that includes provisions--
(1) requiring that--
(A) the design, construction, and operation of the
hydroelectric power generation project shall be
consistent with the Bureau of Reclamation guidelines
and methods for hydroelectric power development at
Bureau of Reclamation facilities, as appropriate; and
(B) the hydroelectric power generation project will
not impair the efficiencies of any Bureau of Indian
Affairs or Bureau of Reclamation project for authorized
purposes;
(2) regarding construction and operating criteria and
emergency procedures; and
(3) under which any modification proposed by the Tribes to
a facility owned by the Bureau of Indian Affairs or the Bureau
of Reclamation shall be subject to review and approval by the
Secretary, acting through the Commissioner, in coordination
with the Director of the Bureau of Indian Affairs if
applicable.
(e) Use of Hydroelectric Power by Tribes.--Any hydroelectric power
generated in accordance with this section shall be used or marketed by
the Tribes.
(f) Revenues.--The Tribes shall collect and retain any revenue from
the sale of hydroelectric power generated by a hydroelectric power
generation project under this section.
(g) Liability of United States.--The United States shall have no
obligation to monitor, administer, or account for--
(1) any revenue received by the Tribes under this section;
or
(2) the expenditure of that revenue.
SEC. 8. IRRIGATION ACTIVITIES.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner, shall, in accordance with
subsection (b), carry out the following activities relating to the
Flathead Indian irrigation project:
(1) Rehabilitation.--
(A) In general.--Rehabilitation of structures,
canals, and pumping facilities, including dam safety
improvements, irrigation facility upgrades that improve
water management and operational control at irrigation
diversion works, and irrigation facility upgrades to
reduce losses in conveyance of water from irrigation
sources of supply to irrigation points of use.
(B) Rehabilitation activities.--Rehabilitation
activities under subparagraph (A) include
reconstruction, replacement, and automation at
irrigation diversion works, lining of open canals, and
placement of open canals in pipe.
(2) Modernization.--Modernization, including the planning,
design, and construction of additional pumping facilities and
operational improvements to infrastructure within the
distribution network of the Flathead Indian irrigation project.
(3) Mitigation, reclamation, and restoration.--Mitigation,
reclamation, and restoration of streams, wetlands, banks,
slopes, and wasteways within, appurtenant to, or affected by
the Flathead Indian irrigation project.
(4) Acquisition of interests.--Acquisition, in accordance
with subsection (e), of easements or other interests in real
property necessary to carry out any activity under this
section.
(5) Lead agency.--The Bureau of Reclamation shall serve as
the lead agency with respect to any activity carried out under
this section.
(b) Scope of Bureau of Reclamation Activities.--
(1) Rehabilitation activities.--
(A) In general.--Subject to the conditions
described in subparagraph (B), the scope of a
rehabilitation activity under subsection (a)(1) shall
be as generally described in--
(i) the document entitled ``Engineering
Evaluation and Condition Assessment: Flathead
Indian Irrigation Project'', prepared by HKM
Engineering for the Bureau of Indian Affairs,
Division of Irrigation, Power, and Safety of
Dams, and dated March 2008; and
(ii) the document entitled ``Update
Engineering Evaluation of Existing Conditions:
Flathead Agency Irrigation Division (FAID)'',
prepared by HKM Engineering for the
Confederated Salish and Kootenai Tribes, and
dated July 2005.
(B) Conditions.--The conditions referred to in
subparagraph (A) are that, before carrying out the
activity, the Secretary shall--
(i) review the design of the proposed
activity;
(ii) perform value engineering analyses
relating to the proposed activity; and
(iii) perform appropriate Federal
environmental compliance activities relating to
the proposed activity.
(2) Modernization activities.--
(A) In general.--Subject to the conditions
described in subparagraph (B), the scope of a
modernization activity under subsection (a)(2) shall be
as generally described in--
(i) the document entitled ``Flathead Indian
Irrigation Project Modernization Plan'' and
prepared for the Bureau of Indian Affairs
Division of Water; and
(ii) the document entitled ``Power by
Irrigation Technology Research Center at the
Department of Agricultural Engineering at
California Polytechnic State University''.
(B) Conditions.--The conditions referred to in
subparagraph (A) are that, before carrying out the
activity, the Secretary shall--
(i) review the design of the proposed
activity;
(ii) perform value engineering analyses
relating to the proposed activity; and
(iii) perform appropriate Federal
environmental compliance activities relating to
the proposed activity.
(3) Mitigation, reclamation, and restoration activities.--
(A) In general.--Subject to the conditions
described in subparagraph (B), the scope of a
mitigation, reclamation, and restoration activity under
subsection (a)(3) shall be as generally described in
the document entitled ``Final Biological Assessment for
Operation and Maintenance of the Flathead Indian
Irrigation Project, Including Transfer'', prepared by
the United States Department of the Interior, Bureau of
Indian Affairs, and dated January 2008.
(B) Conditions.--The conditions referred to in
subparagraph (A) are that, before carrying out the
activity, the Secretary shall--
(i) plan and design the activity;
(ii) perform value engineering analyses
relating to the activity; and
(iii) perform appropriate Federal
environmental compliance activities relating to
the activity.
(4) Negotiation with tribes.--After reviewing the design of
a proposed activity under paragraphs (1)(B)(i), (2)(B)(i), and
(3)(B)(i) and before carrying out the activity, the Secretary
shall negotiate with the Tribes appropriate changes to the
final design of the activity to ensure that the final design
complies with applicable--
(A) industry standards; and
(B) tribal natural resources management plans.
(c) Funding.--
(1) In general.--The total amount of obligations incurred
by the Secretary in carrying out this section shall not exceed
$1,519,408,000, of which--
(A) $471,071,000 shall be allocated to carry out
the activities under subsection (a)(1);
(B) $377,901,000 shall be allocated to carry out
the activities under subsection (a)(2); and
(C) $670,436,000 shall be allocated to carry out
the activities under subsection (a)(3).
(2) Nonreimbursability of costs.--All costs incurred by the
Secretary in carrying out this section shall be
nonreimbursable.
(3) Non-federal contribution.--No part of an activity under
paragraph (1) or (2) of subsection (a) shall be commenced until
the State has made available $55,000,000 to carry out those
activities.
(4) Administration.--
(A) In general.--Subject to subparagraph (B), the
Commissioner and the Tribes shall negotiate the cost of
any oversight activity carried out by the Bureau of
Reclamation under any agreement entered into under
subsection (g).
(B) Limitation on cost.--The total cost described
in subparagraph (A) shall not exceed 3 percent of the
total project costs for each project.
(5) Project efficiencies.--If the total cost of planning,
design, and construction activities of the Flathead Indian
irrigation project described in subsection (a) results in cost
savings and is less than the amounts authorized to be
obligated, the Secretary, on request of the Tribes, may
transfer an amount equal to those cost savings to one or more
accounts established under section 10(b).
(d) Operation and Maintenance Agreement.--The Secretary, acting
through the Director of the Bureau of Indian Affairs, shall enter into
an agreement with the Tribes for the operation and maintenance of the
Flathead Indian irrigation project in accordance with applicable law,
including section 7 of the Act of February 8, 1887 (24 Stat. 390,
chapter 119; 25 U.S.C. 381).
(e) Easements and Rights-of-Way.--
(1) Tribal easements and rights-of-way.--
(A) In general.--On request of the Secretary, as a
condition of receiving benefits under this section, the
Tribes shall grant, at no cost to the United States,
such easements and rights-of-way over the land of the
Tribes as are necessary for construction relating to
activities under subsection (a).
(B) Jurisdiction.--An easement or right-of-way
granted by the Tribes under subparagraph (A) shall not
affect in any respect the civil or criminal
jurisdiction of the Tribes over the easement or right-
of-way.
(2) Landowner easements and rights-of-way.--In partial
consideration for construction relating to activities under
subsection (a) and as a condition of receiving service from the
Flathead Indian irrigation project or the Mission Valley Power
Project, a landowner shall grant, at no cost to the United
States or the Tribes, such easements and rights-of-way over the
land of the landowner as are necessary for the construction,
rehabilitation, operation, and maintenance of the Flathead
Indian irrigation project or the Mission Valley Power Project.
(f) Land Acquired by the United States or the Tribes.--Any land
acquired within the Reservation by the United States or the Tribes
relating to construction relating to activities under subsection (a)
shall be held in trust by the United States for the benefit of the
Tribes.
(g) Agreements Under ISDEAA.--On request of the Tribes, the
Secretary shall enter into one or more agreements with the Tribes in
accordance with the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) to carry out this section.
(h) Effect.--Nothing in this section--
(1) alters any applicable law under which the Bureau of
Indian Affairs collects assessments or carries out the
operation and maintenance of the Flathead Indian irrigation
project; or
(2) affects the availability of amounts made available
under section 9(m) or 10(f).
SEC. 9. SELIS-QLISPE KSANKA SETTLEMENT TRUST FUND.
(a) Establishment.--
(1) In general.--There is established in the Treasury of
the United States a fund to be known as the ``Selis-Qlispe
Ksanka Settlement Trust Fund'' to be managed, invested, and
distributed by the Secretary and to remain available until
expended, for the purpose of carrying out this Act.
(2) Composition.--The Trust Fund shall consist of the
amounts deposited in the Trust Fund under subsection (c),
together with any interest earned on those amounts.
(b) Accounts.--The Secretary shall establish in the Trust Fund the
following accounts:
(1) Agriculture development account.--The Selis-Qlispe
Ksanka Agriculture Development Account.
(2) Economic development account.--The Selis-Qlispe Ksanka
Economic Development Account.
(3) Community development account.--The Selis-Qlispe Ksanka
Community Development Account.
(c) Deposits.--The Secretary shall deposit in the Trust Fund--
(1) in the Agriculture Development Account, the amount made
available pursuant to subsection (m)(1)(A);
(2) in the Economic Development Account, the amount made
available pursuant to subsection (m)(1)(B); and
(3) in the Community Development Account, the amount made
available pursuant to subsection (m)(1)(C).
(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 Act of April 1, 1880 (21 Stat. 70, chapter 41; 25
U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (52 Stat.
1037, chapter 648; 25 U.S.C. 162a);
(3) obligations of Federal corporations and Federal
Government-sponsored entities, the charter documents of which
provide that the obligations of the entities are lawful
investments for federally managed funds, including--
(A) obligations of the United States Postal Service
described in section 2005 of title 39, United States
Code;
(B) bonds and other obligations of the Tennessee
Valley Authority described in section 15d of the
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-
4);
(C) mortgages, obligations, or other securities of
the Federal Home Loan Mortgage Corporation described in
section 303 of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1452); and
(D) bonds, notes, or debentures of the Commodity
Credit Corporation described in section 4 of the Act of
March 8, 1938 (15 U.S.C. 713a-4);
(4) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(5) this section.
(e) Credits to Accounts.--The interest on, and the proceeds from,
the sale or redemption of any obligations held in an account under the
Trust Fund shall be credited to, and form a part of, that account.
(f) Availability of Amounts.--Amounts appropriated to, and
deposited in, the Trust Fund, including any investment earnings, shall
be made available to the Tribes by the Secretary beginning on the
enforceability date.
(g) Withdrawals Under AIFRMA.--
(1) In general.--The Tribes may withdraw any portion of the
funds in the Trust Fund on approval by the Secretary of a
tribal management plan submitted by the Tribes 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 Tribes 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
Tribes from the Trust Fund under this subsection are
used in accordance with this Act.
(h) Withdrawals Under Expenditure Plan.--
(1) In general.--The Tribes may submit to the Secretary a
request to withdraw funds from the Trust Fund in accordance
with an expenditure plan approved under paragraph (4).
(2) Requirements.--To be eligible to withdraw funds under
an expenditure plan under paragraph (1), the Tribes shall
submit to the Secretary for approval an expenditure plan for
any portion of the Trust Fund that the Tribes elect 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 Tribes, in accordance with this subsection.
(4) Approval.--
(A) In general.--On receipt of an expenditure plan
under this subsection, the Secretary shall approve the
plan not later than 90 days after the date of receipt,
if the Secretary determines that the plan is--
(i) reasonable; and
(ii) consistent with, and will be used for,
the purposes of this Act.
(B) Nonaction.--If the Secretary does not approve
or disapprove an expenditure plan under subparagraph
(A) not later than 90 days after the date of receipt,
the expenditure plan shall be considered to have been
approved by the Secretary.
(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.
(i) Uses.--Amounts from the Trust Fund shall be used by the Tribes
for the following purposes:
(1) Agriculture development account.--The Agriculture
Development Account shall be used--
(A) to implement the tribal water right through
rehabilitation and improvement of agricultural Indian
land within the Reservation;
(B) to construct and rehabilitate livestock fencing
on Indian land within the Reservation;
(C) to mitigate and control noxious weeds on Indian
land within the Reservation;
(D) to plan, design, and construct improvements to
irrigation systems on Indian land served by the
Flathead Indian irrigation project;
(E) to plan, design, and construct irrigation
facilities on Indian land within the Reservation that
is not served by the Flathead Indian irrigation
project; and
(F) to install screens, barriers, passages, or
ladders to prevent fish entrainment in irrigation
ditches and canals within the Reservation.
(2) Economic development account.--The Economic Development
Account shall be used--
(A) to implement the tribal water right;
(B) to plan, design, construct, operate, maintain,
and replace community water distribution and wastewater
treatment facilities on the Reservation; and
(C) to develop geothermal water resources on Indian
land within the Reservation.
(3) Community development account.--
(A) In general.--The Community Development Account
shall be used to develop and establish community
services, including education services and centers for
native language and cultural education for children and
adults on or near the Reservation.
(B) Distribution.--The Community Development
Account shall be distributed as follows:
(i) Subject to clause (ii), all interest
earned on the account shall be distributed to
the Tribes annually.
(ii) If the Tribes withdraw all or a
portion of the principal under subsection (g)
or (h)--
(I) clause (i) shall not apply; and
(II) the Secretary shall distribute
the interest earned on the account for
that year as the Secretary determines
appropriate.
(j) 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 Tribes under subsection (g) or
(h).
(k) No Per Capita Distributions.--No portion of the Fund shall be
distributed on a per capita basis to any member of the Tribes.
(l) Deposit of Funds.--On request by the Tribes, the Secretary may
transfer amounts from an account described in paragraph (1), (2), or
(3) of subsection (b) to any other account the Secretary determines to
be appropriate.
(m) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to the Secretary, as adjusted on
appropriation to reflect changes in the Consumer Price Index
for All Urban Consumers West Urban 50,000 to 1,500,000 index
dated April 2010 for the amount appropriated--
(A) for deposit in the Agriculture Development
Account, $365,207,225;
(B) for deposit in the Economic Development
Account, $93,633,566; and
(C) for deposit in the Community Development
Account, $233,361,200.
(2) Adjustments.--
(A) In general.--The adjustment of the amounts
authorized to be appropriated pursuant to paragraph (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.
(B) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted,
has been appropriated.
(C) Treatment.--The amount of an adjustment may be
considered--
(i) to be authorized as of the date on
which congressional action occurs; and
(ii) in determining the amount authorized
to be appropriated.
SEC. 10. SALISH AND KOOTENAI COMPACT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a nontrust, interest bearing account, to be known as the
``Salish and Kootenai Compact Fund'' to be managed and distributed by
the Secretary, for use by the Secretary to carry out this Act.
(b) Accounts.--The Secretary shall establish in the Compact Fund
the following accounts:
(1) The Compact Implementation Account.
(2) The Flathead Indian Irrigation Project Account.
(c) Deposits.--The Secretary shall deposit in the Compact Fund--
(1) in the Compact Implementation Account, the amount made
available pursuant to subsection (f)(1)(A); and
(2) in the Flathead Indian Irrigation Project Account, the
amount made available pursuant to subsection (f)(1)(B).
(d) Uses.--Amounts from the Compact Fund shall be used by the
Tribes for the following purposes:
(1) Compact implementation account.--The Compact
Implementation Account shall be used in accordance with
subsection (e)(2) and for administration, implementation, and
management of the tribal water right and the regulation and
administration of water rights within the Reservation under
this Act, the Compact, and the law of administration.
(2) Flathead indian irrigation project account.--The
Flathead Indian Irrigation Project Account shall be used to
carry out section 8.
(e) Management.--
(1) In general.--Except as provided in paragraph (2),
amounts in the Compact Implementation Account shall be
available to the Secretary for expenditure beginning on the
enforceability date.
(2) Funding for tribal implementation activities.--
Notwithstanding paragraph (1), subject to the availability of
appropriations, as soon as practicable after the date on which
the Tribes ratify the Compact, the Secretary shall make
available from the Compact Implementation Account to the Tribes
to carry out this Act $7,194,496.
(f) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to the Secretary, as adjusted on
appropriation to reflect changes in the Bureau of Reclamation
Construction Cost Trends Index dated April 2010 for the amount
appropriated--
(A) for deposit in the Compact Implementation
Account, $116,209,294; and
(B) for deposit in the Flathead Indian Irrigation
Project Account, $1,519,408,000.
(2) Adjustments.--
(A) In general.--The adjustment of the amounts
authorized to be appropriated pursuant to paragraph (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.
(B) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted,
has been appropriated.
(C) Treatment.--The amount of an adjustment may be
considered--
(i) to be authorized as of the date on
which congressional action occurs; and
(ii) in determining the amount authorized
to be appropriated.
SEC. 11. WATER RIGHTS IN CERTAIN FEDERAL LAND.
(a) In General.--The instream flow water rights of the Tribes in or
adjacent to the land described subsection (b), as described in the
Compact, are confirmed.
(b) Land Described.--The land referred to in subsection (a) is--
(1) Bitterroot National Forest;
(2) Flathead National Forest;
(3) Kootenai National Forest;
(4) Lolo National Forest; and
(5) the National Bison Range Complex and affiliated
Waterfowl Production Areas.
SEC. 12. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Claims by tribes and united states as trustee for
tribes.--Subject to the retention of water rights described in
subsection (c), as consideration for recognition of the tribal
water right and other benefits under the Compact and this Act,
the Tribes, on behalf of the Tribes and members of the Tribes
(except any member of the Tribes in the capacity of the member
as an allottee), and the United States, acting as trustee for
the Tribes and the members of the Tribes (except any member of
the Tribes in the capacity of the member as an allottee), shall
execute a waiver and release of all claims for water rights
within the State that the Tribes, or the United States acting
as trustee for the Tribes, asserted or could have asserted in
any proceeding, including a State stream adjudication, on or
before the enforceability date, except to the extent that those
rights are recognized in the Compact and this Act.
(2) Claims by the united states as trustee for allottees.--
Subject to the retention of water rights described in
subsection (c), as consideration for recognition of the tribal
water right and other benefits under the Compact and this Act,
the United States, acting as trustee for allottees, may 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 those rights are
recognized in the Compact and this Act.
(3) Claims by tribes against the united states.--Subject to
the retention of water rights described in subsection (c), the
Tribes, on behalf of the Tribes and members of the Tribes
(except any member of the Tribes in the capacity of the member
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) claims for water rights within the
State that the United States, acting as trustee
for the Tribes, asserted or could have asserted
in any proceeding, including a stream
adjudication in the State, except to the extent
that those rights are recognized as part of the
tribal water right 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 on or before the
enforceability date;
(iii) failure to establish or provide a
municipal, rural, or industrial water delivery
system on the Reservation;
(iv) failure to provide--
(I) for operation or maintenance,
or deferred maintenance, for the
Flathead Indian irrigation project or
any other irrigation system or
irrigation project; or
(II) dam safety improvements to
dams within the Reservation;
(v) the litigation of claims relating to
the water rights of the Tribes in the State; or
(vi) the negotiation, execution, or
adoption of the Compact or this Act;
(B) reserved in subsections (b) through (d) of
section 6 of the settlement for the case styled Nez
Perce Tribe v. Salazar, No. 06cv2239TFH (D.D.C. 2012);
and
(C) that first accrued on or before the
enforceability date arising from the taking or
acquisition of the land of the Tribes or resources for
the construction of the features of the Flathead Indian
irrigation project.
(b) Enforceability Date.--The waivers under subsection (a) shall
take effect on the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(1)(A) the Montana Water Court has issued a final judgment
and decree approving the Compact; or
(B) if the Montana Water Court is found to lack
jurisdiction, the United States district court has approved the
Compact as a consent decree and the approval is final;
(2) all amounts authorized to be appropriated under
sections 9(m) and 10(f) have been appropriated;
(3) the Secretary has fulfilled the requirements of section
5(f)(2);
(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 Tribes under the Compact and this
Act;
(5) the Tribes have ratified the Compact;
(6) the Secretary has fulfilled the requirements of section
6(a); and
(7) the waivers and releases described in subsection (a)
have been executed by the Tribes and the Secretary.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
subsection (a), the Tribes, on behalf of the Tribes and members of the
Tribes, and the United States, acting as trustee for the Tribes and
allottees, 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; and
(B) activities affecting the quality of water,
including any claims the Tribes may have 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);
(2) all claims relating to damage caused by structures,
dams, or facilities, as a result of preexisting conditions,
while performing any activity under section 8;
(3) all rights to use and protect water rights acquired
after the date of enactment of this Act;
(4) all claims relating to 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);
(5) all claims to title to land, including title to land as
a result of the movement of water bodies;
(6) all claims relating to failure to make productive use
of any land created by the movement of water bodies to which
the Tribes has claimed title; and
(7) all rights, remedies, privileges, immunities, and
powers not specifically waived and released under this Act or
the Compact.
(d) 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 actions authorized by law, including any
laws relating to health, safety, or the environment,
including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (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 laws described in
paragraph (1);
(B) to determine the duties of the United States or
other parties under Federal laws described in paragraph
(1); or
(C) to conduct judicial review of Federal agency
action;
(4) waives any claim of a member of the Tribes in an
individual capacity that does not derive from a right of the
Tribes;
(5) revives any claim waived by the Tribes in the case
styled Nez Perce Tribe v. Salazar, No. 06cv2239TFH (D.D.C.
2012); or
(6) revives any claim released by an allottee or a member
of the Tribes in the settlement for the case styled Cobell v.
Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
(e) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the date on which
the amounts made available to carry out this Act are
transferred to the Secretary.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(f) Expiration.--If all appropriations authorized under this Act
have not been made available to the Secretary by January 21, 2031--
(1) the waivers under subsection (a) shall have no force or
effect;
(2) the authorization, ratification, and confirmation of
the Compact under section 4(a) shall have no force or effect;
(3) the Tribes shall return to the United States, unless
otherwise agreed to by the Tribes and the United States and
approved by Congress--
(A) any unexpended Federal funds made available to
carry out this Act, together with any interest earned
on those funds;
(B) any water rights or contracts to use water
under this Act; and
(C) title to other property acquired or constructed
with Federal funds made available to carry out this
Act; and
(4) the United States may offset any Federal funds made
available to carry out this Act that were expended or withdrawn
(except for Federal funds used to acquire or construct property
that is returned to the United States under paragraph (2)),
together with any interest earned on those funds, against any
claims against the United States--
(A) relating to water rights in the State asserted
by the Tribes or any users of the tribal water right;
or
(B) in any future settlement of the water rights of
the Tribes or allottees.
SEC. 13. SATISFACTION OF CLAIMS.
(a) Tribal Claims.--The benefits realized by the Tribes under this
Act shall be in full satisfaction of all claims of the Tribes against
the United States that are waived and released in accordance with
section 12.
(b) Allottee Claims.--The benefits realized by the allottees under
this Act shall be in full satisfaction of--
(1) all claims that are waived and released pursuant to
section 12(a)(2); and
(2) any claims of the allottees against the United States
that the allottees have or could have asserted that are similar
in nature to any claim described in section 12(a)(2).
SEC. 14. MISCELLANEOUS PROVISIONS.
(a) Amendments.--
(1) Act of april 23, 1904.--Section 9 of the Act of April
23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter
216), is amended in the seventh paragraph by striking ``When
the payments'' and all that follows through ``acceptable to the
Secretary of the Interior'' and inserting the following: ``The
irrigation and power diversions of the Flathead Indian
irrigation project (as defined in section 3 of the Salish and
Kootenai Water Rights Settlement Act of 2016) shall be held in
trust for the benefit of the Confederated Salish and Kootenai
Tribes''.
(2) Act of may 25, 1948.--Section 2 of the Act of May 25,
1948 (62 Stat. 269, chapter 340), is amended--
(A) by striking paragraph (6) of subsection (h) and
inserting the following:
``(6) To enhance fisheries habitat or to improve water
conservation management of the project.''; and
(B) by adding at the end the following:
``(k) Mission Valley Division.--
``(1) In general.--The Secretary of the Interior (referred
to in this section as the `Secretary'), or the Tribes (as
defined in section 3 of the Salish and Kootenai Water Rights
Settlement Act of 2016) acting on behalf of the Secretary, as
the entity with the legal authority and responsibility to
operate the Mission Valley division of the project (referred to
in this subsection as the `project operator'), may allocate
revenues derived from the Mission Valley division in accordance
with paragraph (2) for the purposes described in subsection
(h)(6).
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the revenues described in paragraph (1) shall be
allocated by providing $100,000 to the Tribes and
$100,000 to the project operator.
``(B) Negotiation.--After the period of 10 fiscal
years following the date of enactment of the Salish and
Kootenai Water Rights Settlement Act of 2016, the
Tribes, the State of Montana, and the Secretary may
negotiate for an appropriate allocation that differs
from the allocation described in subparagraph (A).
``(C) Carryover.--If the project operator does not
use the full allocation of the project operator under
this paragraph for a fiscal year, an amount equal to
the difference between that full allocation and the
amount used by the project operator shall be set aside
and accumulated for expenditure in subsequent fiscal
years for the purposes described in subsection
(h)(6).''.
(3) Indian self-determination and education assistance
act.--Section 403(b)(4) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458cc(b)(4)) is amended--
(A) in subparagraph (A), by adding at the end the
following: ``and'';
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C).
(b) 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.
(c) 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 other than the Tribes.
(d) Limitation on Claims for Reimbursement.--With respect to Indian
land located within the Reservation--
(1) the United States shall not submit against the Indian
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 the Indian land shall be made
regarding that cost.
(e) Limitation on Liability of the United States.--
(1) In general.--The United States shall have no
obligation--
(A) to monitor, administer, or account for, in any
manner, any funds provided to the Tribes by the State;
or
(B) to review or approve any expenditure of those
funds.
(2) Indemnity.--The Tribes 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 to carry out
this Act.
(f) Antideficiency.--The United States shall not be liable for any
failure to carry out any obligation or activity under this Act
(including any obligation or activity under the Compact) if
insufficient amounts are made available to carry out this Act--
(1) by Congress expressly to carry out this Act; or
(2) in the Reclamation Water Settlements Fund established
by section 10501(a) of the Omnibus Public Land Management Act
of 2009 (43 U.S.C. 407(a)).
(g) Offsets.--If insufficient amounts are made available 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 available to the
Secretary for that fiscal year that are not otherwise obligated.
(h) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to any activity or function carried
out by the Secretary under this Act.
SEC. 15. EFFECT OF FAILURE TO MEET DEADLINE FOR ENFORCEABILITY DATE.
If the Secretary fails to publish in the Federal Register a
statement of findings under section 12(b) by January 21, 2031--
(1) this Act is repealed effective January 22, 2031;
(2) any action taken by the Secretary under this Act and
any contract or agreement entered into pursuant to this Act
shall be void;
(3) any amounts made available under section 9(m) that
remain unexpended shall revert immediately to the general fund
of the Treasury;
(4) any amounts made available under section 10(f),
together with any interest on those amounts, shall immediately
revert to the general fund of the Treasury; and
(5) the United States shall be entitled to offset against
any claims asserted by the Tribes against the United States
relating to water rights--
(A) any amounts expended or withdrawn from the
amounts made available to carry out this Act; and
(B) any amounts made available to carry out this
Act from other authorized sources.
SEC. 16. EFFECT.
(a) Environmental Enforcement Actions.--Nothing in this Act 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.
(b) Reclamation Laws.--The activities carried out by the
Commissioner 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).
(c) Allocations and Apportionments.--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 right, or any portion of the tribal water
right, 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.
(d) Actions by Allottees.--Except as otherwise expressly provided
in this Act, nothing in this Act--
(1) authorizes any action by an allottee against any
individual or entity, or against the Tribes, 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.
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