[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3019 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 3019

 To protect access to water for all Montanans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2019

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

_______________________________________________________________________

                                 A BILL


 
 To protect access to water for all Montanans, 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 ``Montana Water Rights Protection 
Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        claims to water rights in the State of Montana, and in 
        recognition of article I, and section 3 of article IX, of the 
        Montana State Constitution 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, and confirm the water rights 
        compact entered into by the Tribes and the State, to the extent 
        that the Compact is consistent with this Act;
            (3) to authorize and direct the Secretary of the Interior--
                    (A) to execute the Compact; and
                    (B) to take any other action necessary to carry out 
                the Compact in accordance with this Act; and
            (4) to authorize funds necessary for the implementation 
        of--
                    (A) the Compact; and
                    (B) this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Allottee.--The term ``allottee'' means an individual 
        who holds a beneficial real property interest in an allotment 
        of Indian land that is--
                    (A) located within the Reservation; and
                    (B) held in trust by the United States.
            (2) Bison.--The term ``bison'' means North American plains 
        bison.
            (3) Compact.--The term ``Compact'' means--
                    (A) the water rights compact entered into and 
                ratified, as applicable, by the Confederated Salish and 
                Kootenai Tribes, the State, and the United States, as 
                contained in section 85-20-1901 of the Montana Code 
                Annotated (2017), including any appendix or exhibit to 
                that compact; and
                    (B) any amendment to the compact referred to in 
                subparagraph (A) (including an amendment to an appendix 
                or exhibit) that is executed to ensure that the Compact 
                is consistent with this Act.
            (4) Damages report.--The term ``Damages Report'' means the 
        report entitled ``Damages of the Confederated Salish and 
        Kootenai Tribes Due to Actions By the United States'', volume I 
        (March 2011), volume II (March 2011), volume III (October 
        2011), and the final supplement and economic valuation 
        (February 2016), which is on file at the Department of Justice.
            (5) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 10(b).
            (6) Flathead indian irrigation project.--
                    (A) In general.--The term ``Flathead Indian 
                irrigation project'' means the Federal 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, or any 
                        other facility of the project referred to in 
                        subparagraph (A) (regardless of location on or 
                        off the Reservation); and
                            (ii) any headgate, pipeline, pump, 
                        building, heavy equipment, vehicle, supplies, 
                        record, copy of a record, or any other 
                        physical, tangible object of real or personal 
                        property used in the management and operation 
                        of the project referred to in subparagraph (A).
            (7) Hungry horse dam.--The term ``Hungry Horse Dam'' means 
        the dam that is a part of the Hungry Horse Project.
            (8) Hungry horse project.--The term ``Hungry Horse 
        Project'' means the project authorized to be carried out by the 
        Secretary under the Act of June 5, 1944 (43 U.S.C. 593a et 
        seq.).
            (9) Hungry horse reservoir.--The term ``Hungry Horse 
        Reservoir'' means the reservoir that is a part of the Hungry 
        Horse Project.
            (10) 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. 5304).
            (11) Law of administration.--The term ``Law of 
        Administration'' means the Unitary Administration and 
        Management Ordinance, as set forth in Appendix 4 of the 
        Compact.
            (12) 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.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) State.--
                    (A) In general.--The term ``State'' means the State 
                of Montana.
                    (B) Inclusions.--The term ``State'' includes all 
                officers, agencies, departments, and political 
                subdivisions of the State.
            (15) Tribal water right.--The term ``Tribal Water Right'' 
        means the water right of the Tribes, as established in--
                    (A) the Compact; and
                    (B) section 5.
            (16) 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.
            (17) Trust fund.--The term ``Trust Fund'' means the Selis-
        Qlispe Ksanka Settlement Trust Fund established under section 
        8(a).

SEC. 4. RATIFICATION OF COMPACT.

    (a) Ratification.--
            (1) In general.--As modified by this Act, the Compact is 
        authorized, ratified, and confirmed.
            (2) Amendments.--Any amendment to the Compact is 
        authorized, ratified, and confirmed, to the extent that the 
        amendment is executed to ensure that the Compact is consistent 
        with this Act.
    (b) Execution.--
            (1) In general.--To the extent that the Compact does not 
        conflict with this Act, the Secretary shall execute the 
        Compact, including all exhibits to, appendices to, and parts of 
        the Compact requiring the signature of the Secretary.
            (2) Modifications.--Nothing in this Act precludes the 
        Secretary from approving a 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--
                    (A) section 2116 of the Revised Statutes (25 U.S.C. 
                177); or
                    (B) any other applicable Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Compact and this Act, 
        the Secretary and the Tribes shall comply with--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (C) all other applicable environmental laws 
                (including regulations).
            (2) Effect of execution.--
                    (A) In general.--The execution of the Compact by 
                the Secretary under this section shall not constitute a 
                major Federal action for purposes of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
                    (B) Compliance.--The Secretary and the Tribes shall 
                carry out all Federal compliance activities necessary 
                to implement the Compact and this Act.
    (d) Public Availability.--As provided in articles IV.I.b (relating 
to hearings), IV.I.c (relating to the employment of a water engineer), 
and IV.I.7.e (relating to Board records) of the Compact, and in 
recognition of section 9 of article II of the Montana State 
Constitution, all records of the Flathead Reservation Water Management 
Board and the Water Engineer employed by the Board shall be open to 
public inspection.

SEC. 5. TRIBAL WATER RIGHT.

    (a) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to, or that exceed, the 
benefits possessed by the allottees on the day before the date of 
enactment of this Act, taking into consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Compact and this 
        Act;
            (2) the availability of funding under this Act and from 
        other sources;
            (3) the availability of water from the Tribal Water 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 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--
                    (A) the Compact; and
                    (B) this Act.
            (3) Conflict.--In the event of a conflict between the 
        Compact and this Act, the provisions of 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 the allottees in accordance with 
        this Act; and
            (2) shall not be subject to forfeiture or abandonment.
    (d) Allottees.--
            (1) Applicability of act of february 8, 1887.--The 
        provisions of section 7 of the Act of February 8, 1887 (25 
        U.S.C. 381), relating to the use of water for irrigation 
        purposes shall apply to the Tribal Water Right.
            (2) Entitlements to water.--
                    (A) In general.--Any entitlement to water of an 
                allottee under Federal law shall be satisfied from the 
                Tribal Water Right.
                    (B) Water for irrigation.--Each allottee shall be 
                entitled to a just and equitable allocation of water 
                for irrigation purposes, to be enforceable under 
                paragraph (3)(B).
            (3) 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--
                            (i) the Law of Administration; or
                            (ii) other applicable law.
                    (B) Water for irrigation.--After the exhaustion of 
                all remedies available under the Law of Administration 
                or other applicable law, an allottee may seek relief 
                under section 7 of the Act of February 8, 1887 (25 
                U.S.C. 381), or other applicable law, to seek a just 
                and equitable allocation of water for irrigation 
                purposes under paragraph (2)(B).
            (4) Authority of secretary.--The Secretary shall have the 
        authority to protect the rights of allottees in accordance with 
        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--
                    (A) the Compact;
                    (B) the Law of Administration;
                    (C) this Act; and
                    (D) applicable Federal law.
            (2) Off-reservation use.--The Tribes may allocate, 
        distribute, and lease the Tribal Water Right for off-
        Reservation use in the State in accordance with the Compact, 
        subject to the approval of the Secretary.
            (3) Land leases by allottees.--Notwithstanding paragraph 
        (1), an allottee may lease any interest in land held by the 
        allottee, together with any water right determined to be 
        appurtenant to the interest in land, in accordance with the Law 
        of Administration.
    (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 
        allottees, the Tribal Water Right in accordance with this Act.
            (2) Approval.--
                    (A) In general.--The Law of Administration is 
                approved.
                    (B) Registrations.--As provided in sections 3 and 4 
                of article IX of the Montana State Constitution and 
                section 1-1-108 of the Law of Administration, all 
                registrations shall be provided to the department of 
                natural resources and conservation of the State, to be 
                entered into the water rights database of the 
                department.
                    (C) Amendments.--An amendment to the Law of 
                Administration that affects a right of an allottee 
                shall not be valid unless the amendment is approved by 
                the Secretary in accordance with this subsection.
            (3) Approval period.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall approve or disapprove an amendment to 
                the Law of Administration by not later than 180 days 
                after the date of ratification of the Law of 
                Administration by the Tribes and the State.
                    (B) Extension.--The deadline described in 
                subparagraph (A) may be extended by the Secretary after 
                consultation with the Tribes.
            (4) Conflict.--In the event of a conflict between the Law 
        of Administration and this Act, the provisions of this Act 
        shall control.
    (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.--An 
        authorization provided by this Act for an allocation, 
        distribution, lease, or any other arrangement 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.
    (h) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--
            (1) authorizes any action by an allottee against any 
        individual or entity, or against the 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.

SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR.

    (a) Storage Allocation to Tribes.--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 under a water 
right held by the United States and managed by the Bureau of 
Reclamation.
    (b) Treatment.--
            (1) In general.--The allocation under subsection (a) shall 
        be considered to be part of the Tribal Water Right.
            (2) Administration.--The Tribes shall administer the water 
        allocated under subsection (a) in accordance with, and subject 
        to the limitations of, the Compact and this Act.
    (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 the agreement or any water allocated under 
                subsection (a), 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);
                    (G) the Tribes shall not be required to make 
                payments to the United States for the agreement or any 
                water allocated under subsection (a), except for each 
                acre-foot of stored water leased or transferred for 
                industrial purposes;
                    (H) for each acre-foot of stored water leased by 
                the Tribes for industrial purposes--
                            (i) the Tribes shall pay annually to the 
                        United States an amount sufficient to cover the 
                        proportionate share of the annual operation, 
                        maintenance, and replacement costs for the 
                        Hungry Horse Project allocable to that quantity 
                        of water; and
                            (ii) the annual payments of the Tribes 
                        shall be reviewed and adjusted, as appropriate, 
                        to reflect the actual operation, maintenance, 
                        and replacement costs for the Hungry Horse 
                        Project; and
                    (I) the costs described in subparagraphs (G) and 
                (H) shall not apply to any lease or transfer for 
                industrial purposes to--
                            (i) any entity of the Tribes; or
                            (ii) any entity wholly owned by the Tribes.
    (d) Agreements by Tribes.--The Tribes may use, lease, contract, 
exchange, or enter into 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 the Clark Fork Basin within the 
        State; and
            (2) the agreement does not permanently alienate any portion 
        of water allocated under subsection (a).
    (e) Mitigation Water.--The Tribes shall make available not more 
than 11,000 acre-feet per year of the water allocated under subsection 
(a) to the State, in accordance with the Compact.
    (f) No Carry-Over 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) Effective Date.--The allocation under subsection (a) takes 
effect on the enforceability date.

SEC. 7. IRRIGATION ACTIVITIES.

    (a) Activities.--The Tribes may carry out the following activities 
relating to the Flathead Indian irrigation project, in coordination 
with the Bureau of Indian Affairs:
            (1) Rehabilitation and modernization.--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, irrigation facility upgrades to reduce losses 
        in conveyance of water from irrigation sources of supply to 
        irrigation points of use, planning, design, and construction of 
        additional pumping facilities, operational improvements to 
        infrastructure within the distribution network of the Flathead 
        Indian irrigation project, and reconstruction, replacement, and 
        automation at irrigation diversion works, lining of open 
        canals, and placement of open canals in pipe.
            (2) 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.
            (3) 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.
    (b) Environmental Compliance.--Prior to the commencement of any 
construction activity under subsection (a), the Tribes shall perform 
appropriate Federal environmental compliance activities relating to the 
activity.
    (c) Treatment.--Any activities carried out pursuant to subsection 
(a) that result in improvements, additions, or modifications to the 
Flathead Indian irrigation project, including the acquisition of any 
real property interest, shall--
            (1) become a part of the Flathead Indian irrigation 
        project; and
            (2) be recorded in the inventory of the Secretary relating 
        to the Flathead Indian irrigation project.
    (d) Easements and Rights-of-Way.--
            (1) Tribal easements and rights-of-way.--
                    (A) In general.--On request of the Secretary, the 
                Tribes shall grant, at no cost to the United States, 
                such easements and rights-of-way over Tribal land as 
                are necessary for construction relating to an activity 
                under this section.
                    (B) Jurisdiction.--An easement or right-of-way 
                granted by the Tribes pursuant to 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 the construction activities authorized by 
        this section, 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 may be necessary for--
                    (A) a construction activity authorized by this 
                section; or
                    (B) the operation and maintenance of--
                            (i) the Flathead Indian irrigation project; 
                        or
                            (ii) the Mission Valley Power Project.
    (e) Land Acquired by United States or Tribes.--Any land acquired 
within the boundaries of the Reservation by the United States on behalf 
of the Tribes, or by the Tribes on behalf of the Tribes, in connection 
with the purposes of this Act shall be held in trust by the United 
States for the benefit of the Tribes.
    (f) Cooperative Operation and Maintenance of Flathead Indian 
Irrigation Project.--
            (1) Agreement with secretary.--On receipt of a joint 
        request from the Tribes and one or more irrigation districts 
        within the Flathead Indian irrigation project, the Secretary 
        shall enter into an agreement with the Tribes and the 
        irrigation districts for the cooperative operation and 
        maintenance of the Flathead Indian irrigation project, or any 
        portion of the Flathead Indian irrigation project.
            (2) Establishment of organization.--
                    (A) In general.--In lieu of entering into an 
                agreement under paragraph (1), the Tribes and one or 
                more irrigation districts within the Flathead Indian 
                irrigation project may jointly establish an 
                organization for the purpose of entering into an 
                agreement for the operation and maintenance of the 
                Flathead Indian irrigation project under the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5301 et seq.).
                    (B) Treatment.--An organization established 
                pursuant to subparagraph (A) shall be considered to be 
                a tribal organization (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304)) for purposes of that Act.
    (g) 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) impacts the availability of amounts under section 9.
    (h) Water Source.--The source of the water for the Flathead Indian 
irrigation project shall be determined in accordance with article 
II(32) of the Compact as--
            (1) consisting of the water right set forth in article 
        III.C.1.a of the Compact;
            (2) including any use of water for irrigation and 
        incidental purposes pursuant to an applicable water service 
        contract; and
            (3) considered to be the source for the entitlement to 
        delivery of available irrigation water for the assessed 
        parcels, in accordance with article IV.D.2 of the Compact.

SEC. 8. SELIS-QLISPE KSANKA SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish a trust 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, consisting of the amounts deposited in the 
Trust Fund under subsection (b), together with any interest earned on 
those amounts, for the purpose of carrying out this Act.
    (b) Deposits.--The Secretary shall deposit in the Trust Fund the 
amounts made available pursuant to section 9.
    (c) Management and Interest.--
            (1) Management.--On receipt and deposit of the funds into 
        the Trust Fund, the Secretary shall manage, invest, and 
        distribute the amounts in accordance with the investment 
        authority of the Secretary under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this section.
            (2) Investment earnings.--In addition to the deposits under 
        subsection (b), any investment earnings, including interest, 
        credited to the amounts in the Trust Fund are authorized to be 
        appropriated for use in accordance with subsection (g).
    (d) Availability of Amounts.--
            (1) In general.--Amounts appropriated to, and deposited in, 
        the Trust Fund (including any investment earnings) shall be 
        made available to the Tribes by the Secretary beginning on the 
        enforceability date, subject to the requirements of this 
        section.
            (2) Use.--Notwithstanding paragraph (1), any amounts 
        deposited in the Trust Fund shall be available to the Tribes, 
        on appropriation, for--
                    (A) the uses described in subsection (g)(1), in 
                accordance with Appendix 3.6 to the Compact; and
                    (B) the uses described in subsection (g)(2).
    (e) Withdrawals.--
            (1) In general.--The Tribes may withdraw any portion of the 
        amounts 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 shall spend all amounts withdrawn from the 
                Trust Fund and any investment earnings accrued through 
                the investments under the Tribal management plan 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 pursuant to this subsection 
                are used in accordance with this Act.
    (f) Effect.--Nothing in this Act provides to the Tribes the right 
to judicial review of a determination by the Secretary regarding 
whether to approve a Tribal management plan, except under subchapter II 
of chapter 5, and chapter 7 of title 5, United States Code (commonly 
known as the ``Administrative Procedure Act'').
    (g) Uses.--Amounts in the Trust Fund shall be used by the Tribes to 
implement the Compact, the Law of Administration, and this Act for the 
following purposes:
            (1) With respect to the Flathead Indian irrigation project, 
        rehabilitation, modernization, and restoration of damages to 
        natural resources.
            (2) The 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, and such infrastructure 
        as is necessary to meet programmatic needs.
            (3) The acquisition of interests in real property for 
        purposes of paragraph (1).
            (4) To implement the Tribal Water Right through 
        rehabilitation and improvement of agricultural Indian land 
        within the Reservation.
            (5) To construct and rehabilitate livestock fencing on 
        Indian land within the Reservation.
            (6) To mitigate and control noxious weeds on land within 
        the Reservation.
            (7) To plan, design, and construct improvements to 
        irrigation systems on land served by the Flathead Indian 
        irrigation project.
            (8) To install screens, barriers, passages, or ladders to 
        prevent fish entrainment in irrigation ditches and canals 
        within the Reservation.
            (9) To plan, design, and construct irrigation facilities on 
        Indian land within the Reservation that is not served by the 
        Flathead Indian irrigation project.
            (10) To plan, design, construct, operate, maintain, and 
        replace community water distribution and wastewater treatment 
        facilities on the Reservation.
            (11) To develop geothermal water resources on Indian land 
        within the Reservation.
            (12) To develop a cultural resources program relating to 
        permitting (including cultural, historical, and archeological 
        reviews, including training and certifications) and related 
        infrastructure necessary to meet programmatic needs.
            (13) To comply with Federal environmental laws for any use 
        authorized by this section.
            (14) To repair, rehabilitate, or replace culverts, bridges, 
        and roads of the Flathead Indian irrigation project and any 
        public or Tribal culverts, bridges, and roads that intersect 
        with, or are otherwise located within, the supply and 
        distribution network of the Flathead Indian irrigation project.
    (h) Liability.--The Secretary shall not be liable for the 
expenditure or investment of any amounts withdrawn from the Trust Fund 
by the Tribes under this section.
    (i) Expenditure Reports.--Not less frequently than annually, the 
Tribes shall submit to the Secretary an expenditure report describing--
            (1) the amount withdrawn from the Trust Fund under this 
        section; and
            (2) any accomplishments resulting from the use of a 
        withdrawal under a Tribal management plan, in accordance with 
        this Act.
    (j) OM&R Costs.--Except as otherwise provided in this Act, nothing 
in this Act affects any obligation of the United States with respect to 
the operations, maintenance, and repair of the Flathead Indian 
irrigation project.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary for deposit in the Trust Fund $1,900,000,000, to remain 
available until expended, withdrawn, or reverted to the general fund of 
the Treasury.
    (b) Fluctuation in Costs.--
            (1) In general.--Of the amount authorized to be 
        appropriated under subsection (a)--
                    (A) $347,200,000 shall be increased or decreased, 
                as appropriate, by such amounts as may be justified by 
                reason of ordinary fluctuations in costs occurring 
                after the date of enactment of this Act, as indicated 
                by the Consumer Price Index for All Urban Consumers 
                West Urban 50,000 to 1,500,000 index;
                    (B) $111,400,000 shall be increased or decreased, 
                as appropriate, by such amounts as may be justified by 
                reasons of ordinary fluctuations in costs occurring 
                after the date of enactment of this Act, as indicated 
                by the Producer Price Index for the Bureau of Labor 
                Statistics; and
                    (C) $1,441,400,000 shall be increased or decreased, 
                as appropriate, by such amounts as may be justified by 
                reason of ordinary fluctuations in costs occurring 
                after the date of enactment of this Act, as indicated 
                by the Bureau of Reclamation Construction Costs Index-
                Composite Trend.
            (2) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated for deposit in the Trust Fund until the amount 
        authorized to be appropriated, as so adjusted, has been 
        appropriated.
            (3) Period of indexing.--The period of indexing adjustment 
        under this subsection for any increment of funding shall end on 
        the date on which funds are deposited in the Trust Fund.

SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

    (a) Waivers and Releases.--
            (1) Claims by tribes and united states as trustee for 
        tribes.--Subject to the reservation of rights and retention of 
        claims under subsection (c), as consideration for recognition 
        of the Tribal Water Right and other benefits described in the 
        Compact and this Act, the Tribes, acting on behalf of the 
        Tribes and members of the Tribes (but not any member of the 
        Tribes as an allottee), and the United States, acting as 
        trustee for the Tribes and the members of the Tribes (but not 
        any member of the Tribes as an allottee), shall execute a 
        waiver and release of all claims with prejudice 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 such a right is recognized in the Compact and 
        this Act.
            (2) Claims by united states as trustee for allottees.--
        Subject to the reservation of rights and the retention of 
        claims under subsection (c), as consideration for recognition 
        of the Tribal Water Right and other benefits described in the 
        Compact and this Act, the United States, acting as trustee for 
        allottees, shall execute a waiver and release of all claims 
        with prejudice for water rights within the Reservation that the 
        United States, acting as trustee for the allottees, asserted or 
        could have asserted in any proceeding, including a State stream 
        adjudication, on or before the enforceability date, except to 
        the extent that such a right is recognized in the Compact and 
        this Act.
            (3) Claims by tribes against united states.--Subject to the 
        reservation of rights and retention of claims under subsection 
        (c), the Tribes, acting on behalf of the Tribes and members of 
        the Tribes (but not any member of the Tribes as an allottee), 
        shall execute a waiver and release of all claims with prejudice 
        against the United States (including any agency or employee of 
        the United States)--
                    (A) relating to--
                            (i) water rights within the State that the 
                        United States, acting as trustee for the 
                        Tribes, asserted or could have asserted in any 
                        proceeding, including a general stream 
                        adjudication in the State, except to the extent 
                        that such a right is 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 a failure to 
                        protect, acquire, replace, or develop water, 
                        water rights, or water infrastructure) within 
                        the State that first accrued at any time on or 
                        before the enforceability date;
                            (iii) a failure to establish or provide a 
                        municipal, rural, or industrial water delivery 
                        system on the Reservation;
                            (iv) a failure to provide--
                                    (I) for operation, maintenance, or 
                                deferred maintenance for the Flathead 
                                Indian irrigation project or any other 
                                irrigation system or irrigation 
                                project; or
                                    (II) a dam safety improvement to a 
                                dam within the Reservation;
                            (v) the litigation of claims relating to 
                        any water right of the Tribes in the State; and
                            (vi) the negotiation, execution, or 
                        adoption of the Compact or this Act;
                    (B) reserved under subsections (b) through (d) of 
                section 6 of the settlement agreement for the case 
                entitled ``Nez Perce Tribe v. Salazar'', No. 
                06cv2239TFH (D.D.C. 2012);
                    (C) that first accrued at any time on or before the 
                enforceability date arising from the taking or 
                acquisition of land or resources of the Tribes for the 
                construction or operation of the Flathead Indian 
                irrigation project; and
                    (D) encompassed within the Damages Report.
            (4) Certain off-reservation water rights.--
                    (A) In general.--Notwithstanding the confirmation 
                of the water rights of the Tribes described in 
                Appendices 28 and 29 to the Compact, as consideration 
                for recognition of the Tribal Water Right and other 
                benefits described in the Compact and this Act, the 
                Tribes shall relinquish any right, title, or claim to 
                the water rights located within the Flathead basin and 
                described in those appendices.
                    (B) Requirement.--The water rights described in 
                subparagraph (A) shall be held solely by the State.
    (b) Enforceability Date.--The waivers and releases of claims 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 approved the Compact in 
        a manner from which no further appeal may be taken; or
            (B) if the Montana Water Court is found to lack 
        jurisdiction, the applicable United States district court has 
        approved the Compact as a consent decree from which no further 
        appeal may be taken;
            (2) all amounts authorized to be appropriated under section 
        9 have been appropriated;
            (3) the State has appropriated and paid into an interest-
        bearing escrow account any payments due to the Tribes as of the 
        date of enactment of this Act under the Compact and this Act;
            (4) the Tribes have ratified the Compact;
            (5) the Secretary has fulfilled the requirements of section 
        6; and
            (6) 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 
the waivers and releases under subsection (a), the Tribes, acting on 
behalf of the Tribes and members of the Tribes, and the United States, 
acting as trustee for the Tribes and the allottees, shall retain--
            (1) all claims relating to--
                    (A) the enforcement of, or claims accruing after 
                the enforceability date relating to water rights 
                recognized under--
                            (i) the Compact;
                            (ii) any final decree; or
                            (iii) this Act; and
                    (B) activities affecting the quality of water, 
                including any claims 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 rights to use and protect water rights acquired 
        after the date of enactment of this Act;
            (3) damages, losses, or injuries to land or natural 
        resources that are--
                    (A) not due to loss of water or water rights 
                (including hunting, fishing, gathering, or cultural 
                rights); and
                    (B) not encompassed within the Damages Report; and
            (4) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        Act or the Compact.
    (d) Effect of Compact and Act.--Nothing in the Compact or this 
Act--
            (1) except as otherwise expressly provided in the Compact 
        or this Act, reduces or extends the sovereignty (including 
        civil and criminal jurisdiction) of any government entity;
            (2) affects the ability of the United States to carry out 
        any activity authorized by applicable law, 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);
            (3) affects the ability of the United States to act as 
        trustee for any other Indian tribe or allottee of any other 
        Indian tribe;
            (4) confers jurisdiction on any State court--
                    (A) to interpret Federal law regarding health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                any other party under Federal law regarding health, 
                safety, or the environment; or
                    (C) to conduct judicial review of any Federal 
                agency action;
            (5) waives any claim of a member of the Tribes in an 
        individual capacity that does not derive from a right of the 
        Tribes;
            (6) revives any claim waived by the Tribes in the case 
        entitled ``Nez Perce Tribe v. Salazar'', No. 06cv2239TFH 
        (D.D.C. 2012); or
            (7) revives any claim released by an allottee or member of 
        the Tribes in the settlement for the case entitled ``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 during the period beginning on the 
        date of enactment of this Act and ending on the date on which 
        the amounts made available to carry out this Act are 
        transferred to the Secretary.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
    (f) Expiration.--
            (1) In general.--This Act shall expire in any case in 
        which--
                    (A) the amounts authorized to be appropriated by 
                this Act have not been made available to the Secretary 
                by not later than--
                            (i) January 21, 2031; or
                            (ii) such alternative later date as is 
                        agreed to by the Tribes and the Secretary; or
                    (B) the Secretary fails to publish a statement of 
                findings under subsection (b) by not later than--
                            (i) January 21, 2032; or
                            (ii) such alternative later date as is 
                        agreed to by the Tribes and the Secretary, 
                        after providing reasonable notice to the State.
            (2) Consequences.--If this Act expires under paragraph 
        (1)--
                    (A) the waivers and releases under subsection (a) 
                shall--
                            (i) expire; and
                            (ii) have no further force or effect;
                    (B) the authorization, ratification, confirmation, 
                and execution of the Compact under section 4 shall no 
                longer be effective;
                    (C) any action carried out by the Secretary, and 
                any contract or agreement entered into, pursuant to 
                this Act shall be void;
                    (D) any unexpended Federal funds appropriated or 
                made available to carry out the activities authorized 
                by this Act, together with any interest earned on those 
                funds, and any water rights or contracts to use water 
                and title to other property acquired or constructed 
                with Federal funds appropriated or made available to 
                carry out the activities authorized by this Act shall 
                be returned to the Federal Government, unless otherwise 
                agreed to by the Tribes and the United States and 
                approved by Congress; and
                    (E) except for Federal funds used to acquire or 
                construct property that is returned to the Federal 
                Government under subparagraph (D), the United States 
                shall be entitled to offset any Federal funds made 
                available to carry out this Act that were expended or 
                withdrawn, or any funds made available to carry out 
                this Act from other Federal authorized sources, 
                together with any interest accrued on those funds, 
                against any claims against the United States--
                            (i) relating to--
                                    (I) water rights in the State 
                                asserted by--
                                            (aa) the Tribes; or
                                            (bb) any user of the Tribal 
                                        Water Right; or
                                    (II) any other matter encompassed 
                                in the Damages Report; or
                            (ii) in any future settlement of water 
                        rights of the Tribes or an allottee.

SEC. 11. SATISFACTION OF CLAIMS.

    (a) Tribal Claims.--The benefits realized by the Tribes under this 
Act shall be in complete replacement of, complete substitution for, and 
full satisfaction of all claims of the Tribes against the United States 
waived and released pursuant to section 10.
    (b) Allottee Claims.--The benefits realized by the allottees under 
this Act shall be in complete replacement of, complete substitution 
for, and full satisfaction of--
            (1) all claims waived and released pursuant to section 
        10(a)(2); and
            (2) any claims of an allottee against the United States 
        similar in nature to a claim described in section 10(a)(2) that 
        the allottee asserted or could have asserted.

SEC. 12. 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 by striking the seventh undesignated 
        paragraph.
            (2) Act of may 25, 1948.--Section 2 of the Act of May 25, 
        1948 (62 Stat. 269, chapter 340), is amended--
                    (A) in subsection (h), by striking paragraph (6) 
                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 Confederated 
        Salish and Kootenai Tribes of the Flathead Reservation of 
        Montana 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--
                            ``(i) $100,000 to the Tribes; and
                            ``(ii) $100,000 to the project operator.
                    ``(B) Negotiation.--Effective beginning on October 
                1 of the tenth calendar year beginning after the date 
                of enactment of the Montana Water Rights Protection 
                Act, the Confederated Salish and Kootenai Tribes of the 
                Flathead Reservation of Montana, 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 the full allocation and the 
                amount used by the project operator shall be set aside 
                and accumulated for expenditure during 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. 5363(b)(4)) is amended--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking ``and'' at the 
                end; and
                    (C) by striking subparagraph (C).
    (b) Liens.--Any lien established by the Act of April 23, 1904 (33 
Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), is extinguished 
and released.
    (c) 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.
    (d) 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 any Indian tribe other than the 
Tribes.
    (e) Limitation on Claims for Reimbursement.--With respect to Indian 
land located within the Reservation--
            (1) the United States shall not submit any claim for 
        reimbursement of the cost to the United States of carrying out 
        this Act or the Compact; and
            (2) no assessment shall be made regarding that cost.
    (f) Limitation on Liability of United States.--
            (1) In general.--The United States has no obligation--
                    (A) to monitor, administer, or account for, in any 
                manner, any funds provided to the Tribes by the State; 
                or
                    (B) to review or approve any expenditure of the 
                funds described in subparagraph (A).
            (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.
    (g) Antideficiency.--The United States shall not be liable for any 
failure to carry out any obligation or activity authorized by this Act 
(including any obligation or activity under the Compact) if--
            (1) adequate appropriations are not provided expressly by 
        Congress to carry out this Act; or
            (2) insufficient funds are available to carry out this Act 
        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)).
    (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.
    (i) Exchanges of Land.--
            (1) State trust land.--
                    (A) In general.--The Secretary shall offer to 
                negotiate with the State for the purpose of exchanging 
                public land within the State for State trust land 
                located within the Reservation with a total value 
                substantially equal to the value of the surface estate 
                of the approximately 36,808 acres of State trust land 
                obtained by the State pursuant to--
                            (i) the Act of February 22, 1889 (commonly 
                        known as the ``Montana Enabling Act'') (25 
                        Stat. 676, chapter 180), and the Act of April 
                        23, 1904 (33 Stat. 302, chapter 1495; 35 Stat. 
                        449, chapter 216); or
                            (ii) the Act of February 25, 1920 (41 Stat. 
                        452).
                    (B) Procedures.--An exchange described in 
                subparagraph (A) shall be conducted in accordance with 
                section 206 of the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1716).
                    (C) Valuation.--In determining the fair market 
                value of land for purposes of subparagraph (A), the 
                parties to the exchange shall give due consideration to 
                the value of any improvements on the land.
                    (D) Financial impact.--The Secretary shall ensure 
                that land exchanged pursuant to this paragraph is 
                selected in a manner that minimizes the financial 
                impact on local governments, if any.
                    (E) Assistance.--The Secretary shall provide such 
                financial or other assistance to the State and the 
                Tribes as may be necessary to obtain the appraisals, 
                and to satisfy administrative requirements, necessary 
                to accomplish the exchanges under subparagraph (A).
                    (F) Title.--On approving an exchange under this 
                paragraph, the Secretary shall--
                            (i) receive title in and to the State trust 
                        land involved in the exchange, on behalf of the 
                        United States; and
                            (ii) transfer title in and to the public 
                        land disposed of in the exchanges with the 
                        State by such means of conveyance as the 
                        Secretary considers to be appropriate.
                    (G) Trust.--Title to the State trust land acquired 
                pursuant to an exchange under this paragraph shall be--
                            (i) vested in the United States in trust 
                        for the sole use and benefit of the Tribes; and
                            (ii) recognized as part of the Reservation.
            (2) Requirements.--
                    (A) In general.--In carrying out paragraph (1), the 
                Secretary shall, during the 5-year period beginning on 
                the date of enactment of this Act, give priority to an 
                exchange of public land within the State for State 
                trust land owned by the State.
                    (B) Total value.--The total value of the land 
                exchanged and acquired for the Tribes pursuant to this 
                subsection shall not exceed the value of the surface 
                estate of the 36,808 acres described in paragraph 
                (1)(A).
                    (C) Private exchanges.--
                            (i) In general.--Subject to subparagraph 
                        (B), if, for any reason, after the expiration 
                        of the period described in subparagraph (A), 
                        the exchanges under paragraph (1) have not 
                        provided to the Tribes a total of 36,808 acres 
                        of surface land within the boundaries of the 
                        Reservation, the Secretary shall, at the 
                        request of, and in cooperation with, the 
                        Tribes, develop and implement a program to 
                        provide to the Tribes additional land within 
                        the Reservation through land exchanges with 
                        private landowners.
                            (ii) Requirement.--In carrying out this 
                        subparagraph, the Secretary may exchange public 
                        land within the State for private land of 
                        substantially equal value within the boundaries 
                        of the Reservation, in accordance with section 
                        206 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1716).
                    (D) Valuation.--In determining the fair market 
                value of land under subparagraph (C), the parties to an 
                exchange made pursuant to that subparagraph shall give 
                due consideration to the value of improvements on the 
                land.
                    (E) Title.--If the Secretary obtains private land 
                pursuant to subparagraph (C), the Secretary shall 
                transfer title to the land to the Tribes.
                    (F) Trust.--Title to any private or public land 
                transferred to the Tribes pursuant to this paragraph 
                shall--
                            (i) be vested in the United States in trust 
                        for the sole use and benefit of the Tribes; and
                            (ii) be recognized as part of the 
                        Reservation, if the land is located within the 
                        boundaries of the Reservation.
                    (G) Tribal assistance.--The Tribes shall assist in 
                obtaining prospective willing parties to exchange 
                private land within the Reservation for public land 
                within the State under this paragraph.
    (j) Review of Decisions.--A court of competent jurisdiction shall 
review the decisions of the Flathead Reservation Water Management Board 
and the Montana Department of Fish, Wildlife, and Parks in accordance 
with--
            (1) the Compact;
            (2) the Law of Administration; and
            (3) this Act.
    (k) Payments to Certain Counties.--
            (1) Payments.--
                    (A) By secretary.--Subject to paragraph (2), to 
                reduce the financial impact on the counties in which 
                the land restored by section 13 is located, the 
                Secretary shall make payments to Lake County and 
                Sanders County in the State, out of amounts in the fund 
                established under section 401(a) of the Act of June 15, 
                1935 (16 U.S.C. 715s(a)).
                    (B) By tribes.--To ensure that culverts, bridges, 
                and roads that intersect with, or are otherwise located 
                within, the supply and distribution network of the 
                Flathead Indian irrigation project comply with Federal 
                environmental requirements, to ensure public safety, 
                and to enhance Tribal fisheries on the Reservation, the 
                Tribes shall allocate from the Trust Fund amounts 
                withdrawn for the purposes described in section 
                8(g)(14), under an agreement approved by the 
                Secretary--
                            (i) $5,000,000 to Lake County in the State; 
                        and
                            (ii) $5,000,000 to Sanders County in the 
                        State.
            (2) Amount of payments.--The amount of the payments under 
        paragraph (1)(A) shall be equal to the amount each county would 
        have received if this section had not been enacted.
            (3) Treatment of land for purposes of calculating 
        payments.--For the limited purposes of calculating payments to 
        Lake County and Sanders County under this subsection and 
        section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the 
        land restored by section 13 shall be treated as a fee area (as 
        defined in section 401(g) of the Act of June 15, 1935 (16 
        U.S.C. 715s(g))).

SEC. 13. NATIONAL BISON RANGE RESTORATION.

    (a) Findings; Purposes.--
            (1) Findings.--Congress finds that--
                    (A) the Reservation was set aside for the Tribes in 
                1855 under the treaty between the United States and the 
                Tribes concluded at Hell Gate on July 16, 1855 (12 
                Stat. 975);
                    (B) the National Bison Range was established as a 
                conservation measure in 1908, a time when the bison 
                were at grave risk of extinction;
                    (C) the National Bison Range is located in the 
                middle of the Reservation on land that was acquired by 
                the United States in what was later held, in the civil 
                action entitled ``Confederated Salish and Kootenai 
                Tribes of the Flathead Indian Reservation, Montana v. 
                United States'' (437 F.2d 458 (Ct.Cl. 1971)), to be a 
                taking under the Fifth Amendment to the Constitution of 
                the United States;
                    (D) the Tribes never consented to the removal of 
                the land described in subparagraph (C) from Tribal 
                ownership;
                    (E) since time immemorial until the establishment 
                of the National Bison Range, the Tribes had used the 
                land described in subparagraph (C) for--
                            (i) hunting, fishing, and gathering; and
                            (ii) cultural and many other purposes;
                    (F)(i) in the 1870s, when slaughter resulted in the 
                risk of bison extinction, a Pend d'Oreille man named 
                Little Falcon Robe received approval from leaders of 
                the Tribes to bring orphaned bison calves across the 
                Continental Divide to the Reservation for purposes of 
                starting a herd for subsistence and conservation 
                purposes;
                    (ii) starting with just a few bison calves, the 
                animals grew into a large herd under the stewardship of 
                members of the Tribes, who later included Michel Pablo 
                and Charles Allard; and
                    (iii) the Reservation was the home of that free-
                ranging herd of bison for decades before the 
                establishment of the National Bison Range;
                    (G) when the Reservation was opened for 
                homesteading, a free-ranging bison herd was no longer 
                feasible, resulting in Michel Pablo selling the herd to 
                off-Reservation interests;
                    (H) many of the bison, or their descendants, from 
                the Tribal member-managed herd were repurchased and 
                brought back to the Reservation to form the original 
                herd for the National Bison Range;
                    (I) the bison herd at the National Bison Range 
                descends largely from a herd started and managed as 
                described in subparagraph (F);
                    (J) the Tribes--
                            (i) have played a substantive role as 
                        conservation leaders, often in partnership with 
                        the National Bison Range;
                            (ii) have demonstrated a long-term 
                        commitment to responsible management of the 
                        land and resources surrounding the National 
                        Bison Range; and
                            (iii) desire to carry out the purposes for 
                        which the National Bison Range was established;
                    (K) the Tribes have extensive experience in 
                wildlife and natural resources management, including--
                            (i) the establishment and management of the 
                        91,000-acre Mission Mountains Tribal 
                        Wilderness, the first tribally designated 
                        wilderness area in the United States;
                            (ii) special management districts for large 
                        animals, such as the Little Money Bighorn Sheep 
                        Management Area and the Ferry Basin Elk 
                        Management Area; and
                            (iii) the restoration and management of 
                        bighorn sheep populations, peregrine falcons, 
                        and trumpeter swans on the Reservation;
                    (L) the Tribes have an extensive history of 
                successful partnerships with Federal agencies with 
                respect to issues such as--
                            (i) threatened and endangered species 
                        management;
                            (ii) migratory waterfowl management; and
                            (iii) wetland habitat management;
                    (M)(i) the Tribes have entered into prior 
                management-related agreements relating to the National 
                Bison Range under title IV of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5361 et seq.); and
                    (ii) the Tribes and the United States desire to 
                build on past and current partnerships, as well as 
                honor and advance the Federal and Tribal objectives of 
                increasing Tribal autonomy and Tribal governmental 
                capacity;
                    (N) since the establishment of the National Bison 
                Range, additional herds of bison have been established 
                on other national wildlife refuges and national parks;
                    (O) the facts and history regarding the Federal 
                Government, the Tribes, the bison, and land on the 
                Reservation acquired for the National Bison Range are 
                exceptional circumstances that warrant action by 
                Congress; and
                    (P) the United States should hold title in and to 
                the land comprising the National Bison Range, with 
                beneficial title of the land being restored to the 
                Tribes for--
                            (i) continued bison conservation;
                            (ii) other wildlife and natural resource 
                        management purposes; and
                            (iii) other nonconflicting purposes of the 
                        Tribes.
            (2) Purposes.--The purposes of this section are--
                    (A) to acknowledge the history, culture, and 
                ecological stewardship of the Tribes with respect to 
                the land on the Reservation acquired for the National 
                Bison Range, bison, and other natural resources;
                    (B) to ensure that the land, bison, and other 
                resources referred to in subparagraph (A) continue to 
                be protected and enhanced;
                    (C) to continue public access and educational 
                opportunities; and
                    (D) to ensure a smooth transition for land, bison, 
                and other natural resources as the land is restored to 
                Federal trust ownership for the benefit of the Tribes.
    (b) Definition of National Bison Range.--In this section, the term 
``National Bison Range'' means all land within the Reservation that was 
reserved for the national bison range under the matter under the 
heading ``National bison range'' under the heading ``Miscellaneous'' 
under the heading ``Department of Agriculture'' in the Act of May 23, 
1908 (16 U.S.C. 671) (as in effect on the day before the date of 
enactment of this Act).
    (c) Restoration of Land.--
            (1) In general.--Notwithstanding any other provision of 
        law, for the purposes of conserving bison, wildlife, and 
        natural resources, and of safeguarding the interests of the 
        Tribes in those resources and the traditional, cultural, and 
        other interests of the Tribes, all land comprising the National 
        Bison Range (including all natural resources, interests, and 
        appurtenances of that land) shall be held in trust by the 
        United States for the benefit of the Tribes.
            (2) Administration.--The land restored by paragraph (1) 
        shall be--
                    (A) a part of the Reservation;
                    (B) administered under the laws (including 
                regulations) applicable to Indian trust land; and
                    (C) managed by the Tribes, in accordance with 
                paragraph (3), solely for the care and maintenance of 
                bison, wildlife, and other natural resources, including 
                designation or naming of the restored land.
            (3) Tribal management.--In managing the land restored by 
        paragraph (1), the Tribes shall--
                    (A) provide public access and educational 
                opportunities; and
                    (B) at all times, have a publicly available 
                management plan for the land, bison, and natural 
                resources, which shall include actions to address 
                management and control of invasive weeds.
    (d) Conveyance of Buildings and Other Structures.--
            (1) In general.--The United States shall convey to the 
        Tribes, to own in fee, all ownership interests of the United 
        States in all buildings, structures, improvements, and 
        appurtenances located on the land restored by subsection 
        (c)(1).
            (2) Personal property.--The United States may convey to the 
        Tribes any personal property owned by the United States and 
        found on, or otherwise associated with, the land restored by 
        subsection (c)(1).
    (e) Relinquishment of Rights to Bison.--The United States 
relinquishes to the Tribes all interests of United States in the bison 
on the land restored by subsection (c)(1).
    (f) Transition.--
            (1) In general.--Notwithstanding any other provision of 
        law, during the 2-year period beginning on the date of 
        enactment of this Act, the Secretary shall cooperate with the 
        Tribes in transition activities regarding the management of 
        land, bison, and other resources conveyed by this Act, 
        including by providing to the Tribes funds, personal property, 
        equipment, or other resources determined to be appropriate by 
        the Secretary for the performance of, or assistance with, the 
        types of activities carried out by the Secretary at the 
        National Bison Range as of the date of enactment of this Act.
            (2) Effect.--Consistent with subsections (c), (d), and (e), 
        nothing in this section authorizes the Director of the United 
        States Fish and Wildlife Service to retain ownership or control 
        of any real or personal property conveyed by this section, 
        except as the Tribes may agree to in writing.
    (g) Repeal.--The matter under the heading ``National bison range'' 
under the heading ``Miscellaneous'' under the heading ``Department of 
Agriculture'' in the Act of May 23, 1908 (16 U.S.C. 671), is repealed.
    (h) Liability.--
            (1) Funding for liability insurance.--For the continued 
        protection of the public, and as long as public visitation is 
        required by Federal law for the land restored by this section, 
        the Secretary shall provide to the Tribes funding sufficient to 
        procure liability insurance covering tort actions filed by 
        members of the public.
            (2) Liability of tribes.--The Tribes shall not be liable 
        for any land, soil, surface water, groundwater, or other 
        contamination, injury, or damage resulting from the storage, 
        disposal, release, or presence of any hazardous substance (as 
        defined in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601)) on any portion of the land restored by this section on 
        or before the date of the conveyance, unless the Tribes would 
        otherwise have been responsible for the storage, disposal, 
        release, or presence.
    (i) Claims Against United States.--No claim may be brought pursuant 
to chapter 7 of title 5, United States Code, or section 1491 or 1505 of 
title 28, United States Code, against the United States, or any agency, 
officer, or employee of the United States, concerning the preconveyance 
or postconveyance management of the land and other property conveyed by 
this section.
    (j) Effect.--Nothing in this section relieves the United States of 
any obligation under section 120(h)(3) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)(3)).
    (k) No Precedent.--The provisions of this section--
            (1) are uniquely suited to address the distinct 
        circumstances, facts, history, and relationships involved with 
        the bison, land, and Tribes; and
            (2) are not intended, and shall not be interpreted, to 
        establish a precedent for any other situation regarding Federal 
        land, property, or facilities.
    (l) Indian Gaming Regulatory Act.--The land restored by this 
section shall not be eligible or used for any gaming activity carried 
out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

SEC. 14. EFFECT.

    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.
                                 <all>