[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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