[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1987 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1987

 To provide for the settlement of the water rights claims of the Fort 
           Belknap Indian Community, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2023

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

_______________________________________________________________________

                                 A BILL


 
 To provide for the settlement of the water rights claims of the Fort 
           Belknap Indian Community, 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 ``Fort Belknap Indian Community Water 
Rights Settlement Act of 2023''.

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 Fort Belknap Indian Community of the Fort 
                Belknap Reservation of Montana; and
                    (B) the United States, acting as trustee for the 
                Fort Belknap Indian Community and allottees;
            (2) to authorize, ratify, and confirm the water rights 
        compact entered into by the Fort Belknap Indian Community and 
        the State, to the extent that the Compact is consistent with 
        this Act;
            (3) to authorize and direct the Secretary--
                    (A) to execute the Compact; and
                    (B) to take any other actions necessary to carry 
                out the Compact in accordance with this Act;
            (4) to authorize funds necessary for the implementation of 
        the Compact and this Act; and
            (5) to authorize the exchange and transfer of certain 
        Federal and State land.

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) Blackfeet tribe.--The term ``Blackfeet Tribe'' means 
        the Blackfeet Tribe of the Blackfeet Indian Reservation of 
        Montana.
            (3) Cercla.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (4) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (5) Compact.--The term ``Compact'' means--
                    (A) the Fort Belknap-Montana water rights compact 
                dated April 16, 2001, as contained in section 85-20-
                1001 of the Montana Code Annotated (2021); and
                    (B) any appendix (including appendix amendments), 
                part, or amendment to the Compact that is executed to 
                make the Compact consistent with this Act.
            (6) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 11(f).
            (7) Fort belknap indian community.--The term ``Fort Belknap 
        Indian Community'' means the Gros Ventre and Assiniboine Tribes 
        of the Fort Belknap Reservation of Montana, a federally 
        recognized Indian Tribal entity included on the list published 
        by the Secretary pursuant to section 104(a) of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
            (8) Fort belknap indian community council.--The term ``Fort 
        Belknap Indian Community Council'' means the governing body of 
        the Fort Belknap Indian Community.
            (9) Fort belknap indian irrigation project.--
                    (A) In general.--The term ``Fort Belknap Indian 
                Irrigation Project'' means the Federal Indian 
                irrigation project constructed and operated by the 
                Bureau of Indian Affairs, consisting of the Milk River 
                unit, including--
                            (i) the Three Mile unit; and
                            (ii) the White Bear unit.
                    (B) Inclusions.--The term ``Fort Belknap Indian 
                Irrigation Project'' includes any addition to the Fort 
                Belknap Indian Irrigation Project constructed pursuant 
                to this Act, including expansion of the Fort Belknap 
                Indian Irrigation Project, the Pumping Plant, delivery 
                Pipe and Canal, the Fort Belknap Reservoir and Dam, and 
                the Peoples Creek Flood Project.
            (10) Implementation fund.--The term ``Implementation Fund'' 
        means the Fort Belknap Indian Community Water Settlement 
        Implementation Fund established by section 13(a).
            (11) 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).
            (12) Lake elwell.--The term ``Lake Elwell'' means the water 
        impounded on the Marias River in the State by Tiber Dam, a 
        feature of the Lower Marias Unit of the Pick-Sloan Missouri 
        River Basin Program authorized by section 9 of the Act of 
        December 22, 1944 (commonly known as the ``Flood Control Act of 
        1944'') (58 Stat. 891, chapter 665).
            (13) Malta irrigation district.--The term ``Malta 
        Irrigation District'' means the public corporation--
                    (A) created on December 28, 1923, pursuant to the 
                laws of the State relating to irrigation districts; and
                    (B) headquartered in Malta, Montana.
            (14) Milk river.--The term ``Milk River'' means the 
        mainstem of the Milk River and each tributary of the Milk River 
        between the headwaters of the Milk River and the confluence of 
        the Milk River with the Missouri River, consisting of--
                    (A) Montana Water Court Basins 40F, 40G, 40H, 40I, 
                40J, 40K, 40L, 40M, 40N, and 40O; and
                    (B) the portion of the Milk River and each 
                tributary of the Milk River that flows through the 
                Canadian Provinces of Alberta and Saskatchewan.
            (15) Milk river project.--
                    (A) In general.--The term ``Milk River Project'' 
                means the Bureau of Reclamation project conditionally 
                approved by the Secretary on March 14, 1903, pursuant 
                to the Act of June 17, 1902 (32 Stat. 388, chapter 
                1093), commencing at Lake Sherburne Reservoir and 
                providing water to a point approximately 6 miles east 
                of Nashua, Montana.
                    (B) Inclusions.--The term ``Milk River Project'' 
                includes--
                            (i) the St. Mary Unit;
                            (ii) the Fresno Dam and Reservoir; and
                            (iii) the Dodson pumping unit.
            (16) Missouri river basin.--The term ``Missouri River 
        Basin'' means the hydrologic basin of the Missouri River, 
        including tributaries.
            (17) Operations and maintenance.--The term ``operations and 
        maintenance'' means the Bureau of Indian Affairs operations and 
        maintenance activities related to costs described in section 
        171.500 of title 25, Code of Federal Regulations (or a 
        successor regulation).
            (18) Operations, maintenance, and replacement.--The term 
        ``operations, maintenance, and replacement'' means--
                    (A) any recurring or ongoing activity associated 
                with the day-to-day operation of a project;
                    (B) any activity relating to scheduled or 
                unscheduled maintenance of a project; and
                    (C) any activity relating to repairing, replacing, 
                or rehabilitating a feature of a project.
            (19) Pick-sloan missouri river basin program.--The term 
        ``Pick-Sloan Missouri River Basin Program'' means the Pick-
        Sloan Missouri River Basin Program (authorized by section 9 of 
        the Act of December 22, 1944 (commonly known as the ``Flood 
        Control Act of 1944'') (58 Stat. 891, chapter 665)).
            (20) PMM.--The term ``PMM'' means the Principal Meridian, 
        Montana.
            (21) Reservation.--
                    (A) In general.--The term ``Reservation'' means the 
                area of the Fort Belknap Reservation in the State, as 
                modified by this Act.
                    (B) Inclusions.--The term ``Reservation'' 
                includes--
                            (i) all land and interests in land 
                        established by--
                                    (I) the Agreement with the Gros 
                                Ventre and Assiniboine Tribes of the 
                                Fort Belknap Reservation, ratified by 
                                the Act of May 1, 1888 (25 Stat. 113, 
                                chapter 212), as modified by the 
                                Agreement with the Indians of the Fort 
                                Belknap Reservation of October 9, 1895 
                                (ratified by the Act of June 10, 1896) 
                                (29 Stat. 350, chapter 398);
                                    (II) the Act of March 3, 1921 (41 
                                Stat. 1355, chapter 135); and
                                    (III) Public Law 94-114 (25 U.S.C. 
                                5501 et seq.);
                            (ii) the land known as the ``Hancock 
                        lands'' purchased by the Fort Belknap Indian 
                        Community pursuant to the Fort Belknap Indian 
                        Community Council Resolution No. 234-89 
                        (October 2, 1989); and
                            (iii) all land transferred to the United 
                        States to be held in trust for the benefit of 
                        the Fort Belknap Indian Community under section 
                        6.
            (22) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (23) St. mary unit.--
                    (A) In general.--The term ``St. Mary Unit'' means 
                the St. Mary Storage Unit of the Milk River Project 
                authorized by Congress on March 25, 1905.
                    (B) Inclusions.--The term ``St. Mary Unit'' 
                includes--
                            (i) Sherburne Dam and Reservoir;
                            (ii) Swift Current Creek Dike;
                            (iii) Lower St. Mary Lake;
                            (iv) St. Mary Canal Diversion Dam; and
                            (v) St. Mary Canal and appurtenances.
            (24) State.--The term ``State'' means the State of Montana.
            (25) Tribal water code.--The term ``Tribal water code'' 
        means the Tribal water code enacted by the Fort Belknap Indian 
        Community pursuant to section 5(g).
            (26) Tribal water rights.--The term ``Tribal water rights'' 
        means the water rights of the Fort Belknap Indian Community, as 
        described in Article III of the Compact and this Act, including 
        the allocation of water to the Fort Belknap Indian Community 
        from Lake Elwell under section 7.
            (27) Trust fund.--The term ``Trust Fund'' means the Aaniiih 
        Nakoda Settlement Trust Fund established for the Fort Belknap 
        Indian Community under section 12(a).

SEC. 4. RATIFICATION OF COMPACT.

    (a) Ratification of Compact.--
            (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 make the Compact consistent with this 
        Act.
    (b) Execution.--
            (1) In general.--To the extent that the Compact does not 
        conflict with this Act, the Secretary shall execute the 
        Compact, including all 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 to the 
        Compact that is consistent with this Act, to the extent that 
        the modification does not otherwise require congressional 
        approval under section 2116 of the Revised Statutes (25 U.S.C. 
        177) or any other applicable provision of Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Compact and this Act, 
        the Secretary shall comply with all applicable provisions of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), including the implementing 
                regulations of that Act; and
                    (C) other applicable Federal environmental laws and 
                regulations.
            (2) Compliance.--
                    (A) In general.--In implementing the Compact and 
                this Act, the Fort Belknap Indian Community shall 
                prepare any necessary environmental documents, 
                consistent with all applicable provisions of--
                            (i) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (ii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4231 et seq.), including the 
                        implementing regulations of that Act; and
                            (iii) all other applicable Federal 
                        environmental laws and regulations.
                    (B) Authorizations.--The Secretary shall--
                            (i) independently evaluate the 
                        documentation submitted under subparagraph (A); 
                        and
                            (ii) be responsible for the accuracy, 
                        scope, and contents of that documentation.
            (3) Effect of execution.--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.).
            (4) Costs.--Any costs associated with the performance of 
        the compliance activities under this subsection shall be paid 
        from funds deposited in the Trust Fund, subject to the 
        condition that any costs associated with the performance of 
        Federal approval or other review of such compliance work or 
        costs associated with inherently Federal functions shall remain 
        the responsibility of the Secretary.

SEC. 5. TRIBAL WATER RIGHTS.

    (a) Confirmation of Tribal Water Rights.--
            (1) In general.--The Tribal water rights are ratified, 
        confirmed, and declared to be valid.
            (2) Use.--Any use of the Tribal water rights shall be 
        subject to the terms and conditions of the Compact and this 
        Act.
            (3) Conflict.--In the event of a conflict between the 
        Compact and this Act, this Act shall control.
    (b) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to, or exceed, the benefits 
the allottees possess on the day before the date of enactment of this 
Act, taking into consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Compact and this 
        Act;
            (2) the availability of funding under this Act and from 
        other sources;
            (3) the availability of water from the Tribal water rights; 
        and
            (4) the applicability of section 7 of the Act of February 
        8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this 
        Act to protect the interests of allottees.
    (c) Trust Status of Tribal Water Rights.--The Tribal water rights--
            (1) shall be held in trust by the United States for the use 
        and benefit of the Fort Belknap Indian Community and allottees 
        in accordance with this Act; and
            (2) shall not be subject to loss through non-use, 
        forfeiture, or abandonment.
    (d) Allottees.--
            (1) Applicability of the act of february 8, 1887.--The 
        provisions of section 7 of the Act of February 8, 1887 (24 
        Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use of 
        water for irrigation purposes, shall apply to the Tribal water 
        rights.
            (2) Entitlement to water.--Any entitlement to water of an 
        allottee under Federal law shall be satisfied from the Tribal 
        water rights.
            (3) Allocations.--An allottee shall be entitled to a just 
        and equitable allocation of water for irrigation purposes.
            (4) Claims.--
                    (A) Exhaustion of remedies.--Before asserting any 
                claim against the United States under section 7 of the 
                Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 
                U.S.C. 381), or any other applicable law, an allottee 
                shall exhaust remedies available under the Tribal water 
                code or other applicable Tribal law.
                    (B) Action for relief.--After the exhaustion of all 
                remedies available under the Tribal water code or other 
                applicable Tribal law, an allottee may seek relief 
                under section 7 of the Act of February 8, 1887 (24 
                Stat. 390, chapter 119; 25 U.S.C. 381), or other 
                applicable law.
            (5) Authority of the secretary.--The Secretary shall have 
        the authority to protect the rights of allottees in accordance 
        with this section.
    (e) Authority of the Fort Belknap Indian Community.--
            (1) In general.--The Fort Belknap Indian Community shall 
        have the authority to allocate, distribute, and lease the 
        Tribal water rights for use on the Reservation in accordance 
        with the Compact, this Act, and applicable Federal law.
            (2) Off-reservation use.--The Fort Belknap Indian Community 
        may allocate, distribute, and lease the Tribal water rights for 
        off-Reservation use in accordance with the Compact, this Act, 
        and applicable Federal law--
                    (A) subject to the approval of the Secretary; or
                    (B) pursuant to Tribal water leasing regulations 
                consistent with the requirements of subsection (f).
            (3) Land leases by allottees.--Notwithstanding paragraph 
        (1), an allottee may lease any interest in land held by the 
        allottee, together with any water right determined to be 
        appurtenant to the interest in land, in accordance with the 
        Tribal water code.
    (f) Tribal Water Leasing Regulations.--
            (1) In general.--At the discretion of the Fort Belknap 
        Indian Community, any water lease of the Fort Belknap Indian 
        Community of the Tribal water rights for use on or off the 
        Reservation shall not require the approval of the Secretary if 
        the lease--
                    (A) is executed under tribal regulations, approved 
                by the Secretary under this subsection;
                    (B) is in accordance with the Compact; and
                    (C) does not exceed a term of 100 years, except 
                that a lease may include an option to renew for 1 
                additional term of not to exceed 100 years.
            (2) Authority of the secretary over tribal water leasing 
        regulations.--
                    (A) In general.--The Secretary shall have the 
                authority to approve or disapprove any Tribal water 
                leasing regulations issued in accordance with paragraph 
                (1).
                    (B) Considerations for approval.--The Secretary 
                shall approve any Tribal water leasing regulations 
                issued in accordance with paragraph (1) if the Tribal 
                water leasing regulations--
                            (i) provide for an environmental review 
                        process that includes--
                                    (I) the identification and 
                                evaluation of any significant effects 
                                of the proposed action on the 
                                environment; and
                                    (II) a process for ensuring that--
                                            (aa) the public is informed 
                                        of, and has a reasonable 
                                        opportunity to comment on, any 
                                        significant environmental 
                                        impacts of the proposed action 
                                        identified by the Fort Belknap 
                                        Indian Community; and
                                            (bb) the Fort Belknap 
                                        Indian Community provides 
                                        responses to relevant and 
                                        substantive public comments on 
                                        those impacts prior to its 
                                        approval of a water lease; and
                            (ii) are consistent with this Act and the 
                        Compact.
            (3) Review process.--
                    (A) In general.--Not later than 120 days after the 
                date on which Tribal water leasing regulations under 
                paragraph (1) are submitted to the Secretary, the 
                Secretary shall review and approve or disapprove the 
                regulations.
                    (B) Written documentation.--If the Secretary 
                disapproves the Tribal water leasing regulations 
                described in subparagraph (A), the Secretary shall 
                include written documentation with the disapproval 
                notification that describes the basis for this 
                disapproval.
                    (C) Extension.--The deadline described in 
                subparagraph (A) may be extended by the Secretary, 
                after consultation with the Fort Belknap Indian 
                Community.
            (4) Federal environmental review.--Notwithstanding 
        paragraphs (2) and (3), if the Fort Belknap Indian Community 
        carries out a project or activity funded by a Federal agency, 
        the Fort Belknap Indian Community--
                    (A) shall have the authority to rely on the 
                environmental review process of the applicable Federal 
                agency; and
                    (B) shall not be required to carry out a tribal 
                environmental review process under this subsection.
            (5) Documentation.--If the Fort Belknap Indian Community 
        issues a lease pursuant to Tribal water leasing regulations 
        under paragraph (1), the Fort Belknap Indian Community shall 
        provide the Secretary and the State a copy of the lease, 
        including any amendments or renewals to the lease.
            (6) Limitation of liability.--
                    (A) In general.--The United States shall not be 
                liable in any claim relating to the negotiation, 
                execution, or approval of any lease or exchange 
                agreement or storage agreement, including any claims 
                relating to the terms included in such an agreement, 
                made pursuant to Tribal water leasing regulations under 
                paragraph (1).
                    (B) Obligations.--The United States shall have no 
                trust obligation or other obligation to monitor, 
                administer, or account for--
                            (i) any funds received by the Fort Belknap 
                        Indian Community as consideration under any 
                        lease or exchange agreement or storage 
                        agreement; or
                            (ii) the expenditure of those funds.
    (g) Tribal Water Code.--
            (1) In general.--Notwithstanding Article IV.A.2. of the 
        Compact, not later than 4 years after the date on which the 
        Fort Belknap Indian Community approves the Compact in 
        accordance with section 11(f)(1), the Fort Belknap Indian 
        Community shall enact a Tribal water code that provides for--
                    (A) the management, regulation, and governance of 
                all uses of the Tribal water rights in accordance with 
                the Compact and this Act; and
                    (B) the establishment by the Fort Belknap Indian 
                Community of the conditions, permit requirements, and 
                other requirements for the allocation, distribution, or 
                use of the Tribal water rights in accordance with the 
                Compact and this Act.
            (2) Inclusions.--Subject to the approval of the Secretary, 
        the Tribal water code shall provide--
                    (A) that use of water by allottees shall be 
                satisfied with water from the Tribal water rights;
                    (B) a process by which an allottee may request that 
                the Fort Belknap Indian Community provide water for 
                irrigation use in accordance with this Act, including 
                the provision of water under any allottee lease under 
                section 4 of the Act of June 25, 1910 (36 Stat. 856, 
                chapter 431; 25 U.S.C. 403);
                    (C) a due process system for the consideration and 
                determination by the Fort Belknap Indian Community of 
                any request of an allottee (or a successor in interest 
                to an allottee) for an allocation of water for 
                irrigation purposes on allotted land, including a 
                process for--
                            (i) appeal and adjudication of any denied 
                        or disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision;
                    (D) a requirement that any allottee asserting a 
                claim relating to the enforcement of rights of the 
                allottee under the Tribal water code, including to the 
                quantity of water allocated to land of the allottee, 
                shall exhaust all remedies available to the allottee 
                under Tribal law before initiating an action against 
                the United States or petitioning the Secretary pursuant 
                to subsection (d)(4)(B);
                    (E) a process by which an owner of fee land within 
                the boundaries of the Reservation may apply for use of 
                a portion of the Tribal water rights; and
                    (F) a process for the establishment of a controlled 
                Groundwater area and for the management of that area in 
                cooperation with establishment of a contiguous 
                controlled Groundwater area off the Reservation 
                established pursuant to Section B.2. of Article IV of 
                the Compact and State law.
            (3) Action by secretary.--
                    (A) In general.--During the period beginning on the 
                date of enactment of this Act and ending on the date on 
                which a Tribal water code described in paragraphs (1) 
                and (2) is enacted, the Secretary shall administer, 
                with respect to the rights of allottees, the Tribal 
                water rights in accordance with the Compact and this 
                Act.
                    (B) Approval.--The Tribal water code described in 
                paragraphs (1) and (2) shall not be valid unless--
                            (i) the provisions of the Tribal water code 
                        required by paragraph (2) are approved by the 
                        Secretary; and
                            (ii) each amendment to the Tribal water 
                        code that affects a right of an allottee is 
                        approved by the Secretary.
                    (C) Approval period.--
                            (i) In general.--The Secretary shall 
                        approve or disapprove the Tribal water code or 
                        an amendment to the Tribal water code by not 
                        later than 180 days after the date on which the 
                        Tribal water code or amendment to the Tribal 
                        water code is submitted to the Secretary.
                            (ii) Extensions.--The deadline described in 
                        clause (i) may be extended by the Secretary, 
                        after consultation with the Fort Belknap Indian 
                        Community.
    (h) Administration.--
            (1) No alienation.--The Fort Belknap Indian Community shall 
        not permanently alienate any portion of the Tribal water 
        rights.
            (2) Purchases or grants of land from indians.--An 
        authorization provided by this Act for the allocation, 
        distribution, leasing, or other arrangement entered into 
        pursuant to this Act shall be considered to satisfy any 
        requirement for authorization of the action required by Federal 
        law.
            (3) Prohibition on forfeiture.--The non-use of all or any 
        portion of the Tribal water rights by any water user shall not 
        result in the forfeiture, abandonment, relinquishment, or other 
        loss of all or any portion of the Tribal water rights.
    (i) 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 Fort Belknap Indian 
        Community, 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.
    (j) Pick-Sloan Missouri River Basin Program Power Rates.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary, in cooperation with the Secretary of 
        Energy, shall make available the Pick-Sloan Missouri River 
        Basin Program irrigation project pumping power rates to the 
        Fort Belknap Indian Community, the Fort Belknap Indian 
        Irrigation Project, and any projects funded under this Act.
            (2) Authorized purposes.--The power rates made available 
        under paragraph (1) shall be authorized for the purposes of 
        wheeling, administration, and payment of irrigation project 
        pumping power rates, including project use power for gravity 
        power.

SEC. 6. EXCHANGE AND TRANSFER OF PUBLIC LAND INTO TRUST.

    (a) Exchange of Federal and State Land.--
            (1) Definitions.--In this subsection:
                    (A) Public land.--The term ``public land'' means, 
                as applicable--
                            (i) public lands (as defined in section 103 
                        of the Federal Land Policy and Management Act 
                        of 1976 (43 U.S.C. 1702)); and
                            (ii) land managed by the Secretary of 
                        Agriculture under the jurisdiction of the 
                        Forest Service.
                    (B) Secretary concerned.--The term ``Secretary 
                concerned'' means, as applicable--
                            (i) the Secretary, with respect to the 
                        public land managed by the Department of the 
                        Interior; and
                            (ii) the Secretary of Agriculture, with 
                        respect to land managed by the Forest Service.
            (2) Negotiations authorized.--
                    (A) In general.--The Secretary concerned shall 
                offer to enter into negotiations with the State for the 
                purpose of exchanging Federal land described in 
                paragraph (4) for the State land described in paragraph 
                (3).
                    (B) Requirement.--Any exchange of land made 
                pursuant to this subsection shall be subject to the 
                requirements of this subsection.
                    (C) Priority.--In carrying out this paragraph, the 
                Secretary concerned shall, during the 5-year period 
                beginning on the date of enactment of this Act, give 
                priority to an exchange of public land located within 
                the State for trust land owned by the State.
            (3) State land.--The Secretary concerned is authorized to 
        accept the following parcels of land owned by the State located 
        on and off of the Reservation:
                    (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
                    (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
                    (C) 640 acres in T. 27 N., R. 21 E., sec. 36.
                    (D) 640 acres in T. 26 N., R. 23 E., sec. 16.
                    (E) 640 acres in T. 26 N., R. 23 E., sec. 36.
                    (F) 640 acres in T. 26 N., R. 26 E., sec. 16.
                    (G) 640 acres in T. 26 N., R. 22 E., sec. 36.
                    (H) 640 acres in T. 27 N., R. 23 E., sec. 16.
                    (I) 640 acres in T. 27 N., R. 25 E., sec. 36.
                    (J) 640 acres in T. 28 N., R. 22 E., sec. 36.
                    (K) 640 acres in T. 28 N., R. 23 E., sec. 16.
                    (L) 640 acres in T. 28 N., R. 24 E., sec. 36.
                    (M) 640 acres in T. 28 N., R. 25 E., sec. 16.
                    (N) 640 acres in T. 28 N., R. 25 E., sec. 36.
                    (O) 640 acres in T. 28 N., R. 26 E., sec. 16.
                    (P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, 
                under lease by the Fort Belknap Indian Community 
                Council on the date of enactment of this Act, comprised 
                of--
                            (i) 30.68 acres in lot 5;
                            (ii) 26.06 acres in lot 6;
                            (iii) 21.42 acres in lot 7; and
                            (iv) 16.8 acres in lot 8.
                    (Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, 
                excluding the 73.36 acres under lease by individuals 
                who are not members of the Fort Belknap Indian 
                Community, on the date of enactment of this Act.
                    (R) 640 acres in T. 29 N., R. 22 E., sec. 36.
                    (S) 640 acres in T. 29 N., R. 23 E., sec. 16.
                    (T) 640 acres in T. 29 N., R. 24 E., sec. 16.
                    (U) 640 acres in T. 29 N., R. 24 E., sec. 36.
                    (V) 640 acres in T. 29 N., R. 25 E., sec. 16.
                    (W) 640 acres in T. 29 N., R. 25 E., sec. 36.
                    (X) 640 acres in T. 29 N., R. 26 E., sec. 16.
                    (Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, 
                excluding the 58.72 acres under lease by individuals 
                who are not members of the Fort Belknap Indian 
                Community on the date of enactment of this Act.
                    (Z) 640 acres in T. 30 N., R. 22 E., sec. 36.
                    (AA) 640 acres in T. 30 N., R. 23 E., sec. 16.
                    (BB) 640 acres in T. 30 N., R. 23 E., sec. 36.
                    (CC) 640 acres in T. 30 N., R. 24 E., sec. 16.
                    (DD) 640 acres in T. 30 N., R. 24 E., sec. 36.
                    (EE) 640 acres in T. 30 N., R. 25 E., sec. 16.
                    (FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, 
                under lease by the Fort Belknap Indian Community 
                Council on the date of enactment of this Act.
                    (GG) 640 acres in T. 31 N., R. 22 E., sec. 36.
                    (HH) 640 acres in T. 31 N., R. 23 E., sec. 16.
                    (II) 640 acres in T. 31 N., R. 23 E., sec. 36.
                    (JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, 
                lot 4.
            (4) Federal land.--Subject to valid existing rights, and 
        the requirements of this subsection, the Secretary concerned is 
        authorized to convey to the State any public land within the 
        State, except for land that is included within the National 
        Landscape Conservation System established by section 2002(a) of 
        the Omnibus Public Land Management Act of 2009 (16 U.S.C. 
        7202(a)), without regard to whether that land has been 
        identified as available for disposal in a land use plan.
            (5) Land into trust.--On completion of the land exchange 
        authorized by this subsection, the Secretary shall, as soon as 
        practicable after the enforceability date, take the land 
        received by the United States pursuant to this subsection into 
        trust for the benefit of the Fort Belknap Indian Community.
            (6) Terms and conditions.--
                    (A) Equal value.--The values of the Federal land 
                and State land exchanged under this subsection shall be 
                equal, except that the Secretary concerned may--
                            (i) exchange land that is of approximately 
                        equal value if such an exchange complies with 
                        the requirements of section 206(h) of the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1716(h)) (and any regulations 
                        implementing that section) without regard to 
                        the monetary limitation described in paragraph 
                        (1)(A) of that section; and
                            (ii) make or accept an equalization 
                        payment, or waive an equalization payment, if 
                        such a payment or waiver of a payment complies 
                        with the requirements of section 206(b) of that 
                        Act (43 U.S.C. 1716(b)) (and any regulations 
                        implementing that section).
                    (B) Impacts on local governments.--In selecting 
                public land to offer to the State, the Secretary 
                concerned may--
                            (i) consider the financial impacts of 
                        exchanging specific Federal land on local 
                        governments; and
                            (ii) attempt to minimize the financial 
                        impact of the exchange on local governments.
                    (C) Existing authorizations.--
                            (i) Federal land transferred to the 
                        state.--
                                    (I) In general.--Any Federal land 
                                transferred to the State under this 
                                subsection shall be conveyed subject to 
                                any valid existing rights, contracts, 
                                leases, permits, and rights-of-way, 
                                unless the holder of the right, 
                                contract, lease, permit, or right-of-
                                way requests an earlier termination in 
                                accordance with existing law.
                                    (II) Assumption by state.--The 
                                State shall assume all benefits and 
                                obligations of the Forest Service or 
                                the Bureau of Land Management, as 
                                applicable, under the existing rights, 
                                contracts, leases, permits, and rights-
                                of-way described in subclause (I).
                            (ii) State land transferred to the united 
                        states.--
                                    (I) In general.--Any State land 
                                transferred to the United States under 
                                this subsection shall be conveyed and 
                                taken into trust for the benefit of the 
                                Fort Belknap Indian Community subject 
                                to any valid existing rights, 
                                contracts, leases, permits, and rights-
                                of-way, unless the holder of the right, 
                                contract, lease, permit, or right-of-
                                way requests an earlier termination in 
                                accordance with existing law.
                                    (II) Assumption by bia.--The Bureau 
                                of Indian Affairs shall--
                                            (aa) assume all benefits 
                                        and obligations of the State 
                                        under the existing rights, 
                                        contracts, leases, permits, and 
                                        rights-of-way described in 
                                        subclause (I); and
                                            (bb) disburse to the Fort 
                                        Belknap Indian Community any 
                                        amounts that accrue to the 
                                        United States from those 
                                        rights, contracts, leases, 
                                        permits, and rights-of-way, 
                                        after the date of transfer from 
                                        any sale, bonus, royalty, or 
                                        rental relating to that land in 
                                        the same manner as amounts 
                                        received from other land held 
                                        by the Secretary in trust for 
                                        the benefit of the Fort Belknap 
                                        Indian Community.
                    (D) Personal property.--
                            (i) In general.--Any improvements 
                        constituting personal property, as defined by 
                        State law, belonging to the holder of a right, 
                        contract, lease, permit, or right-of-way on 
                        land transferred to the United States under 
                        this subsection shall--
                                    (I) remain the property of the 
                                holder; and
                                    (II) be removed not later than 90 
                                days after the date on which the right, 
                                contract, lease, permit, or right-of-
                                way expires, unless the Fort Belknap 
                                Indian Community and the holder agree 
                                otherwise.
                            (ii) Remaining property.--Any personal 
                        property described in clause (i) remaining with 
                        the holder described in that clause beyond the 
                        90-day period described in subclause (II) of 
                        that clause shall--
                                    (I) become the property of the Fort 
                                Belknap Indian Community; and
                                    (II) be subject to removal and 
                                disposition at the discretion of the 
                                Fort Belknap Indian Community.
                            (iii) Liability of previous holder.--The 
                        holder of personal property described in clause 
                        (i) shall be liable for costs incurred by the 
                        Fort Belknap Indian Community in removing and 
                        disposing of the personal property under clause 
                        (ii)(II).
            (7) Technical corrections.--Notwithstanding the 
        descriptions of the parcels of land owned by the State under 
        paragraph (3), the State may, with the consent of the Fort 
        Belknap Indian Community, make technical corrections to the 
        legal land descriptions to more specifically identify the State 
        parcels to be exchanged.
            (8) Assistance.--The Secretary shall provide $10,000,000 of 
        financial or other assistance to the State and the Fort Belknap 
        Indian Community as may be necessary to obtain the appraisals, 
        and to satisfy administrative requirements, necessary to 
        accomplish the exchanges under paragraph (2).
    (b) Federal Land Transfers.--
            (1) In general.--Subject to valid existing rights and the 
        requirements of this subsection, all right, title, and interest 
        of the United States in and to the land described in paragraph 
        (2) shall be held by the United States in trust for the benefit 
        of the Fort Belknap Indian Community as part of the Reservation 
        on the enforceability date.
            (2) Federal land.--
                    (A) Bureau of land management parcels.--
                            (i) 59.46 acres in T. 25 N., R. 22 E., sec. 
                        4, comprised of--
                                    (I) 19.55 acres in lot 10;
                                    (II) 19.82 acres in lot 11; and
                                    (III) 20.09 acres in lot 16.
                            (ii) 324.24 acres in the N\1/2\ of T. 25 
                        N., R. 22 E., sec. 5.
                            (iii) 403.56 acres in T. 25 N., R. 22 E., 
                        sec. 9, comprised of--
                                    (I) 20.39 acres in lot 2;
                                    (II) 20.72 acres in lot 7;
                                    (III) 21.06 acres in lot 8;
                                    (IV) 40.00 acres in lot 9;
                                    (V) 40.00 acres in lot 10;
                                    (VI) 40.00 acres in lot 11;
                                    (VII) 40.00 acres in lot 12;
                                    (VIII) 21.39 acres in lot 13; and
                                    (IX) 160 acres in SW\1/4\.
                            (iv) 70.63 acres in T. 25 N., R. 22 E., 
                        sec. 13, comprised of--
                                    (I) 18.06 acres in lot 5;
                                    (II) 18.25 acres in lot 6;
                                    (III) 18.44 acres in lot 7; and
                                    (IV) 15.88 acres in lot 8.
                            (v) 71.12 acres in T. 25 N., R. 22 E., sec. 
                        14, comprised of--
                                    (I) 17.65 acres in lot 5;
                                    (II) 17.73 acres in lot 6;
                                    (III) 17.83 acres in lot 7; and
                                    (IV) 17.91 acres in lot 8.
                            (vi) 103.29 acres in T. 25 N., R. 22 E., 
                        sec. 15, comprised of--
                                    (I) 21.56 acres in lot 6;
                                    (II) 29.50 acres in lot 7;
                                    (III) 17.28 acres in lot 8;
                                    (IV) 17.41 acres in lot 9; and
                                    (V) 17.54 acres in lot 10.
                            (vii) 160 acres in T. 26 N., R. 21 E., sec. 
                        1, comprised of--
                                    (I) 80 acres in the S\1/2\ of the 
                                NW\1/4\; and
                                    (II) 80 acres in the W\1/2\ of the 
                                SW\1/4\.
                            (viii) 567.50 acres in T. 26 N., R. 21 E., 
                        sec. 2, comprised of--
                                    (I) 82.54 acres in the E\1/2\ of 
                                the NW\1/4\;
                                    (II) 164.96 acres in the NE\1/4\; 
                                and
                                    (III) 320 acres in the S\1/2\.
                            (ix) 240 acres in T. 26 N., R. 21 E., sec. 
                        3, comprised of--
                                    (I) 40 acres in the SE\1/4\ of the 
                                NW\1/4\;
                                    (II) 160 acres in the SW\1/4\; and
                                    (III) 40 acres in the SW\1/4\ of 
                                the SE\1/4\.
                            (x) 120 acres in T. 26 N., R. 21 E., sec. 
                        4, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                SE\1/4\; and
                                    (II) 40 acres in the NW\1/4\ of the 
                                SE\1/4\.
                            (xi) 200 acres in T. 26 N., R. 21 E., sec. 
                        5, comprised of--
                                    (I) 160 acres in the SW\1/4\; and
                                    (II) 40 acres in the SW\1/4\ of the 
                                NW\1/4\.
                            (xii) 40 acres in the SE\1/4\ of the SE\1/
                        4\ of T. 26 N., R. 21 E., sec. 6.
                            (xiii) 240 acres in T. 26 N., R. 21 E., 
                        sec. 8, comprised of--
                                    (I) 40 acres in the NE\1/4\ of the 
                                SW\1/4\;
                                    (II) 160 acres in the NW\1/4\; and
                                    (III) 40 acres in the NW\1/4\ of 
                                the SE\1/4\.
                            (xiv) 320 acres in the E\1/2\ of T. 26 N., 
                        R. 21 E., sec. 9.
                            (xv) 640 acres in T. 26 N., R. 21 E., sec. 
                        10.
                            (xvi) 600 acres in T. 26 N., R. 21 E., sec. 
                        11, comprised of--
                                    (I) 320 acres in the N\1/2\;
                                    (II) 80 acres in the N\1/2\ of the 
                                SE\1/4\;
                                    (III) 160 acres in the SW\1/4\; and
                                    (IV) 40 acres in the SW\1/4\ of the 
                                SE\1/4\.
                            (xvii) 525.81 acres in T. 26 N., R. 22 E., 
                        sec. 21, comprised of--
                                    (I) 6.62 acres in lot 1;
                                    (II) 5.70 acres in lot 2;
                                    (III) 56.61 acres in lot 5;
                                    (IV) 56.88 acres in lot 6;
                                    (V) 320 acres in the W\1/2\; and
                                    (VI) 80 acres in the W\1/2\ of the 
                                SE\1/4\.
                            (xviii) 719.58 acres in T. 26 N., R. 22 E., 
                        sec. 28.
                            (xix) 560 acres in T. 26 N., R. 22 E., sec. 
                        29, comprised of--
                                    (I) 320 acres in the N\1/2\;
                                    (II) 160 acres in the N\1/2\ of the 
                                S\1/2\; and
                                    (III) 80 acres in the S\1/2\ of the 
                                SE\1/4\.
                            (xx) 400 acres in T. 26 N., R. 22 E., sec. 
                        32, comprised of--
                                    (I) 320 acres in the S\1/2\; and
                                    (II) 80 acres in the S\1/2\ of the 
                                NW\1/4\.
                            (xxi) 455.51 acres in T. 26 N., R. 22 E., 
                        sec. 33, comprised of--
                                    (I) 58.25 acres in lot 3;
                                    (II) 58.5 acres in lot 4;
                                    (III) 58.76 acres in lot 5;
                                    (IV) 40 acres in the NW\1/4\ of the 
                                NE\1/4\;
                                    (V) 160 acres in the SW\1/4\; and
                                    (VI) 80 acres in the W\1/2\ of the 
                                SE\1/4\.
                            (xxii) 88.71 acres in T. 27 N., R. 21 E., 
                        sec. 1, comprised of--
                                    (I) 24.36 acres in lot 1;
                                    (II) 24.35 acres in lot 2; and
                                    (III) 40 acres in the SW\1/4\ of 
                                the SW\1/4\.
                            (xxiii) 80 acres in T. 27 N., R. 21 E., 
                        sec. 3, comprised of--
                                    (I) 40 acres in lot 11; and
                                    (II) 40 acres in lot 12.
                            (xxiv) 80 acres in T. 27 N., R. 21 E., sec. 
                        11, comprised of--
                                    (I) 40 acres in the NW\1/4\ of the 
                                SW\1/4\; and
                                    (II) 40 acres in the SW\1/4\ of the 
                                NW\1/4\.
                            (xxv) 200 acres in T. 27 N., R. 21 E., sec. 
                        12, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                SW\1/4\;
                                    (II) 40 acres in the NW\1/4\ of the 
                                NW\1/4\; and
                                    (III) 80 acres in the S\1/2\ of the 
                                NW\1/4\.
                            (xxvi) 40 acres in the SE\1/4\ of the NE\1/
                        4\ of T. 27 N., R. 21 E., sec. 23.
                            (xxvii) 320 acres in T. 27 N., R. 21 E., 
                        sec. 24, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                NW\1/4\;
                                    (II) 160 acres in the NE\1/4\;
                                    (III) 40 acres in the NE\1/4\ of 
                                the SE\1/4\; and
                                    (IV) 40 acres in the SW\1/4\ of the 
                                SW\1/4\.
                            (xxviii) 120 acres in T. 27 N., R. 21 E., 
                        sec. 25, comprised of--
                                    (I) 80 acres in the S\1/2\ of the 
                                NE\1/4\; and
                                    (II) 40 acres in the SE\1/4\ of the 
                                NW\1/4\.
                            (xxix) 40 acres in the NE\1/4\ of the SE\1/
                        4\ of T. 27 N., R. 21 E., sec. 26.
                            (xxx) 160 acres in the NW\1/4\ of T. 27 N., 
                        R. 21 E., sec. 27.
                            (xxxi) 40 acres in the SW\1/4\ of the SW\1/
                        4\ of T. 27 N., R. 21 E., sec. 29.
                            (xxxii) 40 acres in the SW\1/4\ of the 
                        NE\1/4\ of T. 27 N., R. 21 E., sec 30.
                            (xxxiii) 120 acres in T. 27 N., R. 21 E., 
                        sec. 33, comprised of--
                                    (I) 40 acres in the SE\1/4\ of the 
                                NE\1/4\; and
                                    (II) 80 acres in the N\1/2\ of the 
                                SE\1/4\.
                            (xxxiv) 440 acres in T. 27 N., R. 21 E., 
                        sec. 34, comprised of--
                                    (I) 160 acres in the N\1/2\ of the 
                                S\1/2\;
                                    (II) 160 acres in the NE\1/4\;
                                    (III) 80 acres in the S\1/2\ of the 
                                NW\1/4\; and
                                    (IV) 40 acres in the SE\1/4\ of the 
                                SE\1/4\.
                            (xxxv) 133.44 acres in T. 27 N., R. 22 E., 
                        sec. 4, comprised of--
                                    (I) 28.09 acres in lot 5;
                                    (II) 25.35 acres in lot 6;
                                    (III) 40 acres in lot 10; and
                                    (IV) 40 acres in lot 15.
                            (xxxvi) 160 acres in T. 27 N., R. 22 E., 
                        sec. 7, comprised of--
                                    (I) 40 acres in the NE\1/4\ of the 
                                NE\1/4\;
                                    (II) 40 acres in the NW\1/4\ of the 
                                SW\1/4\; and
                                    (III) 80 acres in the W\1/2\ of the 
                                NW\1/4\.
                            (xxxvii) 120 acres in T. 27 N., R. 22 E., 
                        sec. 8, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                NW\1/4\; and
                                    (II) 40 acres in the NE\1/4\ of the 
                                SW\1/4\.
                            (xxxviii) 40 acres in the SW\1/4\ of the 
                        NW\1/4\ of T. 27 N., R. 22 E., sec. 9.
                            (xxxix) 40 acres in the NE\1/4\ of the 
                        SW\1/4\ of T. 27 N., R. 22 E., sec. 17.
                            (xl) 40 acres in the NW\1/4\ of the NW\1/4\ 
                        of T. 27 N., R. 22 E., sec. 19.
                            (xli) 40 acres in the SE\1/4\ of the NW\1/
                        4\ of T. 27 N., R22 E., sec. 20.
                            (xlii) 80 acres in the W\1/2\ of the SE\1/
                        4\ of T. 27 N., R. 22 E., sec. 31.
                            (xliii) 52.36 acres in the SE\1/4\ of the 
                        SE\1/4\ of T. 27 N., R. 22 E., sec. 33.
                            (xliv) 40 acres in the NE\1/4\ of the SW\1/
                        4\ of T. 28 N., R. 22 E., sec. 29.
                            (xlv) 40 acres in the NE\1/4\ of the NE\1/
                        4\ of T. 26 N., R. 21 E., sec. 7.
                            (xlvi) 40 acres in the SW\1/4\ of the NW\1/
                        4\ of T. 26 N., R. 21 E., sec. 12.
                            (xlvii) 42.38 acres in the NW\1/4\ of the 
                        NE\1/4\ of T. 26 N., R. 22 E., sec. 6.
                            (xlviii) 320 acres in the E\1/2\ of T. 26 
                        N., R. 22 E., sec. 17.
                            (xlix) 80 acres in the E\1/2\ of the NE\1/
                        4\ of T. 26 N., R. 22 E., sec. 20.
                            (l) 240 acres in T. 26 N., R. 22 E., sec. 
                        30, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                NE\1/4\;
                                    (II) 80 acres in the N\1/2\ of the 
                                SE\1/4\;
                                    (III) 40 acres in the SE\1/4\ of 
                                the NW\1/4\; and
                                    (IV) 40 acres in the SW\1/4\ of the 
                                NE\1/4\.
                    (B) Bureau of indian affairs.--The parcels of 
                approximately 3,519.3 acres of trust land that have 
                been converted to fee land, judicially foreclosed on, 
                acquired by the Department of Agriculture, and 
                transferred to the Bureau of Indian Affairs, described 
                in clauses (i) through (iii).
                            (i) Parcel 1.--The land described in this 
                        clause is 640 acres in T. 29 N., R. 26 E., 
                        comprised of--
                                    (I) 160 acres in the SW\1/4\ of 
                                sec. 27;
                                    (II) 160 acres in the NE\1/4\ of 
                                sec. 33; and
                                    (III) 320 acres in the W\1/2\ of 
                                sec. 34.
                            (ii) Parcel 2.--The land described in this 
                        clause is 320 acres in the N\1/2\ of T. 30 N., 
                        R. 23 E., sec. 28.
                            (iii) Parcel 3.--The land described in this 
                        clause is 2,559.3 acres, comprised of--
                                    (I) T. 28 N., R. 24 E., including--
                                            (aa) of sec. 16--

                                                    (AA) 5 acres in the 
                                                E\1/2\, W\1/2\, E\1/2\, 
                                                W\1/2\, W\1/2\, NE\1/
                                                4\;

                                                    (BB) 10 acres in 
                                                the E\1/2\, E\1/2\, 
                                                W\1/2\, W\1/2\, NE\1/
                                                4\;

                                                    (CC) 40 acres in 
                                                the E\1/2\, W\1/2\, 
                                                NE\1/4\;

                                                    (DD) 40 acres in 
                                                the W\1/2\, E\1/2\, 
                                                NE\1/4\;

                                                    (EE) 20 acres in 
                                                the W\1/2\, E\1/2\, 
                                                E\1/2\, NE\1/4\;

                                                    (FF) 5 acres in the 
                                                W\1/2\, W\1/2\, E\1/2\, 
                                                E\1/2\, E\1/2\, NE\1/
                                                4\; and

                                                    (GG) 160 acres in 
                                                the SE\1/4\;

                                            (bb) 640 acres in sec. 21;
                                            (cc) 320 acres in the S\1/
                                        2\ of sec. 22; and
                                            (dd) 320 acres in the W\1/
                                        2\ of sec. 27;
                                    (II) T. 29 N., R. 25 E., PMM, 
                                including--
                                            (aa) 320 acres in the S\1/
                                        2\ of sec. 1; and
                                            (bb) 320 acres in the N\1/
                                        2\ of sec. 12;
                                    (III) 39.9 acres in T. 29 N., R. 26 
                                E., PMM, sec. 6, lot 2;
                                    (IV) T. 30 N., R. 26 E., PMM, 
                                including--
                                            (aa) 39.4 acres in sec. 3, 
                                        lot 2;
                                            (bb) 40 acres in the SW\1/
                                        4\ of the SW\1/4\ of sec. 4;
                                            (cc) 80 acres in the E\1/2\ 
                                        of the SE\1/4\ of sec. 5;
                                            (dd) 80 acres in the S\1/2\ 
                                        of the SE\1/4\ of sec. 7; and
                                            (ee) 40 acres in the N\1/
                                        2\, N\1/2\, NE\1/4\ of sec. 18; 
                                        and
                                    (V) 40 acres in T. 31 N., R. 26 E., 
                                PMM, the NW\1/4\ of the SE\1/4\ of sec. 
                                31.
                    (C) Foreclosed department of agriculture land.--Any 
                Department of Agriculture trust land within the 
                Reservation that has been or is converted to fee land, 
                judicially foreclosed on, and acquired by the United 
                States.
            (3) Terms and conditions.--
                    (A) Existing authorizations.--
                            (i) In general.--Federal land transferred 
                        under this subsection shall be conveyed and 
                        taken into trust subject to valid existing 
                        rights, contracts, leases, permits, and rights-
                        of-way, unless the holder of the right, 
                        contract, lease, permit, and rights-of-way 
                        requests an earlier termination in accordance 
                        with existing law.
                            (ii) Assumption by bia.--The Bureau of 
                        Indian Affairs shall--
                                    (I) assume all benefits and 
                                obligations of the previous land 
                                management agency under the existing 
                                rights, contracts, leases, permits, and 
                                rights-of-way described in clause (i); 
                                and
                                    (II) disburse to the Fort Belknap 
                                Indian Community any amounts that 
                                accrue to the United States from those 
                                rights, contracts, leases, permits, and 
                                rights-of-ways after the date of 
                                transfer from any sale, bonus, royalty, 
                                or rental relating to that land in the 
                                same manner as amounts received from 
                                other land held by the Secretary in 
                                trust for the Fort Belknap Indian 
                                Community.
                    (B) Personal property.--
                            (i) In general.--Any improvements 
                        constituting personal property, as defined by 
                        State law, belonging to the holder of a right, 
                        contract, lease, permit, or right-of-way on 
                        land transferred under this subsection shall--
                                    (I) remain the property of the 
                                holder; and
                                    (II) be removed from the land not 
                                later than 90 days after the date on 
                                which the right, contract, lease, 
                                permit, or right-of-way expires, unless 
                                the Fort Belknap Indian Community and 
                                the holder agree otherwise.
                            (ii) Remaining property.--Any personal 
                        property described in clause (i) remaining with 
                        the holder described in that clause beyond the 
                        90-day period described in subclause (II) of 
                        that clause shall--
                                    (I) become the property of the Fort 
                                Belknap Indian Community; and
                                    (II) be subject to removal and 
                                disposition at the discretion of the 
                                Fort Belknap Indian Community.
                            (iii) Liability of previous holder.--The 
                        holder of personal property described in clause 
                        (i) shall be liable to the Fort Belknap Indian 
                        Community for costs incurred by the Fort 
                        Belknap Indian Community in removing and 
                        disposing of the property under clause 
                        (ii)(II).
                    (C) Existing roads.--If any road within the Federal 
                land transferred under this subsection is necessary for 
                customary access to private land, the Bureau of Indian 
                Affairs shall offer the owner of the private land to 
                apply for a right-of-way along the existing road, at 
                the expense of the landowner.
                    (D) Limitation on the transfer of water rights.--
                Water rights that transfer with the land described in 
                paragraph (2) shall not become part of the Tribal water 
                rights.
            (4) Withdrawal of federal land.--
                    (A) In general.--Subject to valid existing rights, 
                effective on the date of enactment of this Act, all 
                Federal land within the parcels described in paragraph 
                (2) is withdrawn from all forms of--
                            (i) entry, appropriation, or disposal under 
                        the public land laws;
                            (ii) location, entry, and patent under the 
                        mining laws; and
                            (iii) disposition under all laws pertaining 
                        to mineral and geothermal leasing or mineral 
                        materials.
                    (B) Expiration.--The withdrawals pursuant to 
                subparagraph (A) shall terminate on the date that the 
                Secretary takes the land into trust for the benefit of 
                the Fort Belknap Indian Community pursuant to paragraph 
                (1).
                    (C) No new reservation of federal water rights.--
                Nothing in this paragraph establishes a new reservation 
                in favor of the United States or the Fort Belknap 
                Indian Community with respect to any water or water 
                right on the land withdrawn by paragraph (2).
            (5) Technical corrections.--Notwithstanding the 
        descriptions of the parcels of Federal land in paragraph (2), 
        the United States may, with the consent of the Fort Belknap 
        Indian Community, make technical corrections to the legal land 
        descriptions to more specifically identify the parcels.
            (6) Survey.--
                    (A) In general.--Unless the United States or the 
                Fort Belknap Indian Community request an additional 
                survey for the transferred land or a technical 
                correction is made under paragraph (5), the description 
                of land under this subsection shall be controlling.
                    (B) Additional survey.--If the United States or the 
                Fort Belknap Indian Community requests an additional 
                survey, that survey shall control the total acreage to 
                be transferred into trust under this subsection.
                    (C) Assistance.--The Secretary shall provide such 
                financial or other assistance as may be necessary--
                            (i) to conduct additional surveys under 
                        this subsection; and
                            (ii) to satisfy administrative requirements 
                        necessary to accomplish the land transfers 
                        under this subsection.
            (7) Date of transfer.--The Secretary shall complete all 
        land transfers under this subsection and shall take the land 
        into trust for the benefit of the Fort Belknap Indian Community 
        as expeditiously as practicable after the enforceability date, 
        but not later than 10 years after the enforceability date.
    (c) Tribally Owned Fee Land.--Not later than 10 years after the 
enforceability date, the Secretary shall take into trust for the 
benefit of the Fort Belknap Indian Community all fee land owned by the 
Fort Belknap Indian Community on or adjacent to the Reservation to 
become part of the Reservation, provided that--
            (1) the land is free from any liens, encumbrances, or other 
        infirmities; and
            (2) no evidence exists of any hazardous substances on, or 
        other environmental liability with respect to, the land.
    (d) Dodson Land.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after the enforceability date, but not later than 
        10 years after the enforceability date, the Dodson Land 
        described in paragraph (3) shall be taken into trust by the 
        United States for the benefit of the Fort Belknap Indian 
        Community as part of the Reservation.
            (2) Restrictions.--The land taken into trust under 
        paragraph (1) shall be subject to a perpetual easement, 
        reserved by the United States for use by the Bureau of 
        Reclamation, its contractors, and its assigns for--
                    (A) the right of ingress and egress for Milk River 
                Project purposes; and
                    (B) the right to--
                            (i) seep, flood, and overflow the 
                        transferred land for Milk River Project 
                        purposes;
                            (ii) conduct routine and non-routine 
                        operation, maintenance, and replacement 
                        activities on the Milk River Project 
                        facilities, including modification to the 
                        headworks at the upstream end of the Dodson 
                        South Canal in support of Dodson South Canal 
                        enlargement, to include all associated access, 
                        construction, and material storage necessary to 
                        complete those activities; and
                            (iii) prohibit the construction of 
                        permanent structures on the transferred land, 
                        except--
                                    (I) as provided in the cooperative 
                                agreement under paragraph (4); and
                                    (II) to meet the requirements of 
                                the Milk River Project.
            (3) Description of dodson land.--
                    (A) In general.--The Dodson Land referred to in 
                paragraphs (1) and (2) is the approximately 2,500 acres 
                of land owned by the United States that is, as of the 
                date of enactment of this Act, under the jurisdiction 
                of the Bureau of Reclamation and located at the 
                northeastern corner of the Reservation (which extends 
                to the point in the middle of the main channel of the 
                Milk River), where the Milk River Project facilities, 
                including the Dodson Diversion Dam, headworks to the 
                Dodson South Canal, and Dodson South Canal, are 
                located, and more particularly described as follows:
                            (i) Supplemental Plat of T. 30 N., R. 26 
                        E., PMM, secs. 1 and 2.
                            (ii) Supplemental Plat of T. 31 N., R. 25 
                        E., PMM, sec. 13.
                            (iii) Supplemental Plat of T. 31 N., R. 26 
                        E., PMM, secs. 18, 19, 20, and 29.
                            (iv) Supplemental Plat of T. 31 N., R. 26 
                        E., PMM, secs. 26, 27, 35, and 36.
                    (B) Clarification.--The supplemental plats 
                described in clauses (i) through (iv) of subparagraph 
                (A) are official plats, as documented by retracement 
                boundary surveys of the General Land Office, approved 
                on March 11, 1938, and on record at the Bureau of Land 
                Management.
                    (C) Technical corrections.--Notwithstanding the 
                descriptions of the parcels of Federal land in 
                subparagraph (A), the United States may, with the 
                consent of the Fort Belknap Indian Community, make 
                technical corrections to the legal land descriptions to 
                more specifically identify the parcels to be 
                transferred.
            (4) Cooperative agreement.--Not later than 3 years after 
        the enforceability date, the Bureau of Reclamation, the Malta 
        Irrigation District, the Bureau of Indian Affairs, and the Fort 
        Belknap Indian Community shall negotiate and enter into a 
        cooperative agreement that identifies the uses to which the 
        Fort Belknap Indian Community may put the land described in 
        paragraph (3), provided that the cooperative agreement may be 
        amended by mutual agreement of the Fort Belknap Indian 
        Community, Bureau of Reclamation, the Malta Irrigation 
        District, and the Bureau of Indian Affairs, including to modify 
        the perpetual easement to narrow the boundaries of the easement 
        or to terminate the perpetual easement and cooperative 
        agreement.
    (e) Land Status.--All land held in trust by the United States for 
the benefit of the Fort Belknap Indian Community under this section 
shall be--
            (1) beneficially owned by the Fort Belknap Indian 
        Community; and
            (2) part of the Reservation and administered in accordance 
        with the laws and regulations generally applicable to land held 
        in trust by the United States for the benefit of an Indian 
        Tribe.

SEC. 7. STORAGE ALLOCATION FROM LAKE ELWELL.

    (a) Storage Allocation of Water to Fort Belknap Indian Community.--
The Secretary shall allocate to the Fort Belknap Indian Community 
20,000 acre-feet per year of water stored in Lake Elwell for use by the 
Fort Belknap Indian Community 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 for the benefit of the Fort Belknap Indian 
Community, as measured and diverted at the outlet works of the Tiber 
Dam or through direct pumping from Lake Elwell.
    (b) Treatment.--
            (1) In general.--The allocation to the Fort Belknap Indian 
        Community under subsection (a) shall be considered to be part 
        of the Tribal water rights.
            (2) Priority date.--The priority date of the allocation to 
        the Fort Belknap Indian Community under subsection (a) shall be 
        the priority date of the Lake Elwell water right held by the 
        Bureau of Reclamation.
            (3) Administration.--The Fort Belknap Indian Community 
        shall administer the water allocated under subsection (a) in 
        accordance with the Compact and this Act.
    (c) Allocation Agreement.--
            (1) In general.--As a condition of receiving an allocation 
        under this section, the Fort Belknap Indian Community shall 
        enter into an agreement with the Secretary to establish the 
        terms and conditions of the allocation, in accordance with the 
        Compact and this Act.
            (2) Inclusions.--The agreement under paragraph (1) shall 
        include provisions establishing that--
                    (A) the agreement shall be without limit as to 
                term;
                    (B) the Fort Belknap Indian Community, and not the 
                United States, shall be entitled to all consideration 
                due to the Fort Belknap Indian Community under any 
                lease, contract, exchange, or agreement entered into by 
                the Fort Belknap Indian Community pursuant to 
                subsection (d);
                    (C) the United States shall have no obligation to 
                monitor, administer, or account for--
                            (i) any funds received by the Fort Belknap 
                        Indian Community as consideration under any 
                        lease, contract, exchange, or agreement entered 
                        into by the Fort Belknap Indian Community 
                        pursuant to subsection (d); or
                            (ii) the expenditure of those funds;
                    (D) if the capacity or function of Lake Elwell 
                facilities are significantly reduced, or are 
                anticipated to be significantly reduced, for an 
                extended period of time, the Fort Belknap Indian 
                Community shall have the same storage rights as other 
                storage contractors with respect to the allocation 
                under this section;
                    (E) the costs associated with the construction of 
                the storage facilities at Tiber Dam allocable to the 
                Fort Belknap Indian Community shall be nonreimbursable;
                    (F) no water service capital charge shall be due or 
                payable for any water allocated to the Fort Belknap 
                Indian Community under this section or the allocation 
                agreement, regardless of whether that water is 
                delivered for use by the Fort Belknap Indian Community 
                or under a lease, contract, exchange, or by agreement 
                entered into by the Fort Belknap Indian Community 
                pursuant to subsection (d);
                    (G) the Fort Belknap Indian Community shall not be 
                required to make payments to the United States for any 
                water allocated to the Fort Belknap Indian Community 
                under this section or the allocation agreement, except 
                for each acre-foot of stored water leased or 
                transferred for industrial purposes as described in 
                subparagraph (H); and
                    (H) for each acre-foot of stored water leased or 
                transferred by the Fort Belknap Indian Community for 
                industrial purposes--
                            (i) the Fort Belknap Indian Community shall 
                        pay annually to the United States an amount 
                        necessary to cover the proportional share of 
                        the annual operations, maintenance, and 
                        replacement costs allocable to the quantity of 
                        water leased or transferred by the Fort Belknap 
                        Indian Community for industrial purposes; and
                            (ii) the annual payments of the Fort 
                        Belknap Indian Community shall be reviewed and 
                        adjusted, as appropriate, to reflect the actual 
                        operations, maintenance, and replacement costs 
                        for Tiber Dam.
    (d) Agreement by Fort Belknap Indian Community.--The Fort Belknap 
Indian Community may use, lease, contract, exchange, or enter into 
other agreements for the use of the water allocated to the Fort Belknap 
Indian Community under subsection (a) if--
            (1) the use of water that is the subject of such an 
        agreement occurs within the Missouri River Basin; and
            (2) the agreement does not permanently alienate any water 
        allocated to the Fort Belknap Indian Community under that 
        subsection.
    (e) Effective Date.--The allocation under subsection (a) takes 
effect on the enforceability date.
    (f) No Carryover Storage.--The allocation under subsection (a) 
shall not be increased by any year-to-year carryover storage.
    (g) Development and Delivery Costs.--The United States shall not be 
required to pay the cost of developing or delivering any water 
allocated under this section.

SEC. 8. MILK RIVER PROJECT MITIGATION.

    (a) In General.--In complete satisfaction of the Milk River Project 
mitigation requirements provided for in Article VI.B. of the Compact, 
the Secretary, acting through the Commissioner--
            (1) in cooperation with the State and the Blackfeet Tribe, 
        shall carry out appropriate activities concerning the 
        restoration of the St. Mary Canal and associated facilities, 
        including activities relating to the--
                    (A) planning and design to restore the St. Mary 
                Canal and appurtenances to convey 850 cubic-feet per 
                second; and
                    (B) rehabilitating, constructing, and repairing of 
                the St. Mary Canal and appurtenances; and
            (2) in cooperation with the State and the Fort Belknap 
        Indian Community, shall carry out appropriate activities 
        concerning the enlargement of Dodson South Canal and associated 
        facilities, including activities relating to the--
                    (A) planning and design to enlarge Dodson South 
                Canal and headworks at the upstream end of Dodson South 
                Canal to divert and convey 700 cubic-feet per second; 
                and
                    (B) rehabilitating, constructing, and enlarging the 
                Dodson South Canal and headworks at the upstream end of 
                Dodson South Canal to divert and convey 700 cubic-feet 
                per second.
    (b) Funding.--The total amount of obligations incurred by the 
Secretary, prior to any adjustments provided for in section 14(b), 
shall not exceed $300,000,000 to carry out activities described in 
subsection (c)(1).
    (c) Satisfaction of Mitigation Requirement.--Notwithstanding any 
provision of the Compact, the mitigation required by Article VI.B. of 
the Compact shall be deemed satisfied if--
            (1) the Secretary has--
                    (A) restored the St. Mary Canal and associated 
                facilities to convey 850 cubic-feet per second; and
                    (B) enlarged the Dodson South Canal and headworks 
                at the upstream end of Dodson South Canal to divert and 
                convey 700 cubic-feet per second; and
            (2) the Secretary--
                    (A) has expended all of the available funding 
                provided pursuant to section 14(a)(1)(D) to 
                rehabilitate the St Mary Canal and enlarge the Dodson 
                South Canal; and
                    (B) despite diligent efforts, could not complete 
                the activities described in subsection (a).
    (d) Nonreimbursability of Costs.--The costs to the Secretary of 
carrying out this section shall be nonreimbursable.

SEC. 9. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary, acting through the Assistant Secretary for Indian Affairs, 
shall rehabilitate, modernize, and expand the Fort Belknap Indian 
Irrigation Project, which shall include--
            (1) planning, studies, and designing of the existing and 
        expanded Milk River unit, including the Pumping Plant, delivery 
        pipe and canal, Fort Belknap Dam and Reservoir, and Peoples 
        Creek Flood Protection Project;
            (2) the rehabilitation, modernization, and construction of 
        the existing Milk River unit; and
            (3) construction of the expanded Milk River Project, 
        including the Pumping Plant, delivery pipe and canal, Fort 
        Belknap Dam and Reservoir, and Peoples Creek Flood Protection 
        Project.
    (b) Lead Agency.--The Bureau of Indian Affairs shall serve as the 
lead agency with respect to any activities carried out under this 
section.
    (c) Consultation With the Fort Belknap Indian Community.--The 
Secretary shall consult with the Fort Belknap Indian Community on 
appropriate changes to the final design and costs of any activity under 
this section.
    (d) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section, prior to any adjustment 
provided for in section 14(b), shall not exceed $415,832,153.
    (e) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (f) Administration.--The Assistant Secretary of Indian Affairs and 
the Fort Belknap Indian Community shall negotiate the cost of any 
oversight activity carried out by the Bureau of Indian Affairs under 
any agreement entered into under subsection (i), subject to the 
condition that the total cost for the oversight shall not exceed 3 
percent of the total project costs for each project.
    (g) Project Efficiencies.--If the total cost of planning, studies, 
design, rehabilitation, modernization, and construction activities 
relating to the projects described in subsection (a) results in cost 
savings and is less than the amounts authorized to be obligated, the 
Secretary, at the request of the Fort Belknap Indian Community, shall 
deposit those savings in the the Fort Belknap Indian Community Water 
Resources and Water Rights Administration, Operation, and Maintenance 
Account established under section 12(b)(2).
    (h) Treatment.--Any activities carried out pursuant to this section 
that result in improvements, additions, or modifications to the Fort 
Belknap Indian Irrigation Project shall--
            (1) become a part of the Fort Belknap Indian Irrigation 
        Project; and
            (2) be recorded in the inventory of the Secretary relating 
        to the Fort Belknap Indian Irrigation Project.
    (i) Applicability of ISDEAA.--At the request of the Fort Belknap 
Indian Community, and in accordance with the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary 
shall enter into agreements with the Fort Belknap Indian Community to 
carry out all or a portion of this section.
    (j) Effect.--Nothing in this section--
            (1) alters any applicable law under which the Bureau of 
        Indian Affairs collects assessments or carries out the 
        operations and maintenance of the Fort Belknap Indian 
        Irrigation Project; or
            (2) impacts the availability of amounts under section 14.
    (k) Satisfaction of Fort Belknap Indian Irrigation Project System 
Requirement.--The obligations of the Secretary under subsection (a) 
shall be deemed satisfied if--
            (1) the Secretary has rehabilitated, modernized, and 
        expanded the Fort Belknap Indian Irrigation Project in 
        accordance with subsection (a); or
            (2) the Secretary--
                    (A) has expended all of the available funding 
                provided pursuant to paragraphs (1)(C) and (2)(A)(iv) 
                of section 14(a); and
                    (B) despite diligent efforts, could not complete 
                the activities described in subsection (a).

SEC. 10. SATISFACTION OF CLAIMS.

    (a) In General.--The benefits provided under this Act shall be in 
complete replacement of, complete substitution for, and full 
satisfaction of any claim of the Fort Belknap Indian Community against 
the United States that is waived and released by the Fort Belknap 
Indian Community under section 11(a).
    (b) Allottees.--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 by the United States 
        (acting as trustee for the allottees) under section 11(a)(2); 
        and
            (2) any claims of the allottees against the United States 
        similar to the claims described in section 11(a)(2) that the 
        allottee asserted or could have asserted.

SEC. 11. WAIVERS AND RELEASES OF CLAIMS.

    (a) In General.--
            (1) Waiver and release of claims by the fort belknap indian 
        community and united states as trustee for the fort belknap 
        indian community.--Subject to the reservation of rights and 
        retention of claims under subsection (d), as consideration for 
        recognition of the Tribal water rights and other benefits 
        described in the Compact and this Act, the Fort Belknap Indian 
        Community, acting on behalf of the Fort Belknap Indian 
        Community and members of the Fort Belknap Indian Community (but 
        not any member of the Fort Belknap Indian Community as an 
        allottee), and the United States, acting as trustee for the 
        Fort Belknap Indian Community and the members of the Fort 
        Belknap Indian Community (but not any member of the Fort 
        Belknap Indian Community as an allottee), shall execute a 
        waiver and release of all claims for water rights within the 
        State that the Fort Belknap Indian Community, or the United 
        States acting as trustee for the Fort Belknap Indian Community, 
        asserted or could have asserted in any proceeding, including a 
        State stream adjudication, on or before the enforceability 
        date, except to the extent that such rights are recognized in 
        the Compact and this Act.
            (2) Waiver and release of claims by the united states as 
        trustee for allottees.--Subject to the reservation of rights 
        and the retention of claims under subsection (d), as 
        consideration for recognition of the Tribal water rights and 
        other benefits described in the Compact and this Act, the 
        United States, acting as trustee for the allottees, shall 
        execute a waiver and release of all claims for water rights 
        within the Reservation that the United States, acting as 
        trustee for the allottees, asserted or could have asserted in 
        any proceeding, including a State stream adjudication, on or 
        before the enforceability date, except to the extent that such 
        rights are recognized in the Compact and this Act.
            (3) Waiver and release of claims by the fort belknap indian 
        community against the united states.--Subject to the 
        reservation of rights and retention of claims under subsection 
        (d), the Fort Belknap Indian Community, acting on behalf of the 
        Fort Belknap Indian Community and members of the Fort Belknap 
        Indian Community (but not any member of the Fort Belknap Indian 
        Community 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) first arising before the enforceability date 
                relating to--
                            (i) water rights within the State that the 
                        United States, acting as trustee for the Fort 
                        Belknap Indian Community, asserted or could 
                        have asserted in any proceeding, including a 
                        general stream adjudication in the State, 
                        except to the extent that such rights are 
                        recognized as Tribal water rights under this 
                        Act;
                            (ii) foregone benefits from nontribal use 
                        of water, on and off the Reservation (including 
                        water from all sources and for all uses);
                            (iii) 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 of, 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;
                            (iv) a failure to establish or provide a 
                        municipal rural or industrial water delivery 
                        system on the Reservation;
                            (v) damage, loss, or injury to water, water 
                        rights, land, or natural resources due to 
                        construction, operation, and management of the 
                        Fort Belknap Indian Irrigation Project and 
                        other Federal land and facilities (including 
                        damages, losses, or injuries to Tribal 
                        fisheries, fish habitat, wildlife, and wildlife 
                        habitat);
                            (vi) a failure to provide for operation and 
                        maintenance, or deferred maintenance, for the 
                        Fort Belknap Indian Irrigation Project or any 
                        other irrigation system or irrigation project;
                            (vii) the litigation of claims relating to 
                        any water rights of the Fort Belknap Indian 
                        Community in the State;
                            (viii) the negotiation, execution, or 
                        adoption of the Compact (including appendices) 
                        and this Act;
                            (ix) the taking or acquisition of land or 
                        resources of the Fort Belknap Indian Community 
                        for the construction or operation of the Fort 
                        Belknap Indian Irrigation Project or the Milk 
                        River Project; and
                            (x) the allocation of water of the Milk 
                        River and the St. Mary River (including 
                        tributaries) between the United States and 
                        Canada pursuant to the International Boundary 
                        Waters Treaty of 1909 (36 Stat. 2448); and
                    (B) relating to damage, loss, or injury to water, 
                water rights, land, or natural resources due to mining 
                activities in the Little Rockies Mountains prior to the 
                date of trust acquisition, including damages, losses, 
                or injuries to hunting, fishing, gathering, or cultural 
                rights.
    (b) Effectiveness.--The waivers and releases under subsection (a) 
shall take effect on the enforceability date.
    (c) Objections in Montana Water Court.--Nothing in this Act or the 
Compact prohibits the Fort Belknap Indian Community, a member of the 
Fort Belknap Indian Community, an allottee, or the United States in any 
capacity from objecting to any claim to a water right filed in any 
general stream adjudication in the Montana Water Court.
    (d) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases under subsection (a), the Fort Belknap Indian 
Community, acting on behalf of the Fort Belknap Indian Community and 
members of the Fort Belknap Indian Community, and the United States, 
acting as trustee for the Fort Belknap Indian Community and the 
allottees shall retain--
            (1) all claims relating to--
                    (A) the enforcement of water rights recognized 
                under the Compact, any final court decree relating to 
                those water rights, or this Act or to water rights 
                accruing on or after the enforceability date;
                    (B) the quality of water under--
                            (i) CERCLA, 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.); and
                            (iv) any regulations implementing the Acts 
                        described in clauses (i) through (iii);
                    (C) damage, loss, or injury to land or natural 
                resources that are--
                            (i) not due to loss of water or water 
                        rights (including hunting, fishing, gathering, 
                        or cultural rights); and
                            (ii) not described in subsection (a)(3); 
                        and
                    (D) an action to prevent any person or party (as 
                defined in sections 29 and 30 of Article II of the 
                Compact) from interfering with the enjoyment of the 
                Tribal water rights;
            (2) all claims relating to off-Reservation hunting rights, 
        fishing rights, gathering rights, or other rights;
            (3) all claims relating to the right to use and protect 
        water rights acquired after the date of enactment of this Act;
            (4) all claims relating to the allocation of waters of the 
        Milk River and the Milk River Project between the Fort Belknap 
        Indian Community and the Blackfeet Tribe, pursuant to section 
        3705(e)(3) of the Blackfeet Water Rights Settlement Act (Public 
        Law 114-322; 130 Stat. 1818);
            (5) all claims relating to the enforcement of the Act, 
        including the required transfer of land under section 6; and
            (6) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        Act or the Compact.
    (e) Effect of Compact and Act.--Nothing in the Compact or this 
Act--
            (1) affects the authority of the Fort Belknap Indian 
        Community to enforce the laws of the Fort Belknap Indian 
        Community, including with respect to environmental protections;
            (2) affects the ability of the United States, acting as 
        sovereign, to carry out any activity authorized by law, 
        including--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) CERCLA; 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 an allottee of any other 
        Indian Tribe;
            (4) confers jurisdiction on any State court--
                    (A) to interpret Federal law relating to health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                any other party under Federal law relating to 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 Fort Belknap Indian 
        Community in an individual capacity that does not derive from a 
        right of the Fort Belknap Indian Community;
            (6) revives any claim adjudicated in the decision in Gros 
        Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); or
            (7) revives any claim released by an allottee or member of 
        the Fort Belknap Indian Community in the settlement in Cobell 
        v. Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
    (f) Enforceability Date.--The enforceability date shall be the date 
on which the Secretary publishes in the Federal Register a statement of 
findings that--
            (1) the eligible members of the Fort Belknap Indian 
        Community have voted to approve this Act and the Compact by a 
        majority of votes cast on the day of the vote;
            (2)(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 appropriate district court of the United 
        States has approved the Compact as a consent decree from which 
        no further appeal may be taken;
            (3) all of the amounts authorized to be appropriated under 
        section 14 have been appropriated and deposited in the 
        designated accounts;
            (4) the Secretary and the Fort Belknap Indian Community 
        have executed an allocation agreement described in section 
        7(c)(1);
            (5) the State has provided the required funding into the 
        Fort Belknap Indian Community Tribal Irrigation and Other Water 
        Resources Development Account of the Trust Fund pursuant to 
        section 14(a)(3); and
            (6) the waivers and releases under subsection (a) have been 
        executed by the Fort Belknap Indian Community and the 
        Secretary.
    (g) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the enforceability 
        date.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitations or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
    (h) 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, 2034; and
                            (ii) such alternative later date as is 
                        agreed to by the Fort Belknap Indian Community 
                        and the Secretary; or
                    (B) the Secretary fails to publish a statement of 
                findings under subsection (f) by not later than--
                            (i) January 21, 2035; and
                            (ii) such alternative later date as is 
                        agreed to by the Fort Belknap Indian Community 
                        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 Fort Belknap Indian Community 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 Fort Belknap 
                                        Indian Community; or
                                            (bb) any user of the Tribal 
                                        water rights; or
                                    (II) any other matter described in 
                                subsection (a)(3); or
                            (ii) in any future settlement of water 
                        rights of the Fort Belknap Indian Community or 
                        an allottee.

SEC. 12. AANIIIH NAKODA SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish a trust fund for 
the Fort Belknap Indian Community, to be known as the ``Aaniiih Nakoda 
Settlement Trust Fund'', to be managed, invested, and distributed by 
the Secretary and to remain available until expended, withdrawn, or 
reverted to the general fund of the Treasury, consisting of the amounts 
deposited in the Trust Fund under subsection (c), together with any 
investment earnings, including interest, earned on those amounts, for 
the purpose of carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the Trust Fund the 
following accounts:
            (1) The Fort Belknap Indian Community Tribal Irrigation and 
        Other Water Resources Development Account.
            (2) The Fort Belknap Indian Community Water Resources and 
        Water Rights Administration, Operation, and Maintenance 
        Account.
            (3) The Fort Belknap Indian Community Clean and Safe 
        Domestic Water and Sewer Systems, and Lake Elwell Project 
        Account.
    (c) Deposits.--The Secretary shall deposit--
            (1) in the Fort Belknap Indian Community Tribal Irrigation 
        and Other Water Resources Development Account established under 
        subsection (b)(1), the amounts made available pursuant to 
        paragraphs (1)(A) and (2)(A)(i) of section 14(a);
            (2) in the Fort Belknap Indian Community Water Resources 
        and Water Rights Administration, Operation, and Maintenance 
        Account established under subsection (b)(2), the amounts made 
        available pursuant to section 14(a)(2)(A)(ii); and
            (3) in the Fort Belknap Indian Community Clean and Safe 
        Domestic Water and Sewer Systems, and Lake Elwell Project 
        Account established under subsection (b)(3), the amounts made 
        available pursuant to paragraphs (1)(B) and (2)(A)(iii) of 
        section 14(a).
    (d) Management and Interest.--
            (1) Management.--On receipt and deposit of the funds into 
        the accounts in the Trust Fund pursuant to subsection (c), the 
        Secretary shall manage, invest, and distribute all amounts in 
        the Trust Fund 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 amounts 
        deposited under subsection (c), any investment earnings, 
        including interest, credited to amounts held in the Trust Fund 
        shall be available for use in accordance with subsections (e) 
        and (g).
    (e) Availability of Amounts.--
            (1) In general.--Amounts appropriated to, and deposited in, 
        the Trust Fund, including any investment earnings, including 
        interest, earned on those amounts shall be made available--
                    (A) to the Fort Belknap Indian Community by the 
                Secretary beginning on the enforceability date; and
                    (B) subject to the uses and restrictions in this 
                section.
            (2) Exceptions.--Notwithstanding paragraph (1)--
                    (A) amounts deposited in the Fort Belknap Indian 
                Community Tribal Irrigation and Other Water Resources 
                Development Account established under subsection (b)(1) 
                shall be available to the Fort Belknap Indian Community 
                on the date on which the amounts are deposited for uses 
                described in subparagraphs (A) and (B) of subsection 
                (g)(1);
                    (B) amounts deposited in the Fort Belknap Indian 
                Community Water Resources and Water Rights 
                Administration, Operation, and Maintenance Account 
                established under subsection (b)(2) shall be made 
                available to the Fort Belknap Indian Community on the 
                date on which the amounts are deposited and the Fort 
                Belknap Indian Community has satisfied the requirements 
                of section 11(f)(1), for the uses described in 
                subsection (g)(2)(A); and
                    (C) amounts deposited in the Fort Belknap Indian 
                Community Clean and Safe Domestic Water and Sewer 
                Systems, and Lake Elwell Project Account established 
                under subsection (b)(3) shall be available to the Fort 
                Belknap Indian Community on the date on which the 
                amounts are deposited for the uses described in 
                subsection (g)(3)(A).
    (f) Withdrawals.--
            (1) American indian trust fund management reform act of 
        1994.--
                    (A) In general.--The Fort Belknap Indian Community 
                may withdraw any portion of the funds in the Trust Fund 
                on approval by the Secretary of a Tribal management 
                plan submitted by the Fort Belknap Indian Community in 
                accordance with the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                    (B) Requirements.--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 this paragraph shall require that 
                the Fort Belknap Indian Community 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.
                    (C) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary--
                            (i) to enforce the Tribal management plan; 
                        and
                            (ii) to ensure that amounts withdrawn from 
                        the Trust Fund by the Fort Belknap Indian 
                        Community under this paragraph are used in 
                        accordance with this Act.
            (2) Withdrawals under expenditure plan.--
                    (A) In general.--The Fort Belknap Indian Community 
                may submit to the Secretary a request to withdraw funds 
                from the Trust Fund pursuant to an approved expenditure 
                plan.
                    (B) Requirements.--To be eligible to withdraw funds 
                under an expenditure plan under this paragraph, the 
                Fort Belknap Indian Community shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the Trust Fund that the Fort Belknap Indian 
                Community elects to withdraw pursuant to this 
                paragraph, subject to the condition that the funds 
                shall be used for the purposes described in this Act.
                    (C) Inclusions.--An expenditure plan under this 
                paragraph 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 Fort Belknap 
                Indian Community in accordance with subsections (e) and 
                (g).
                    (D) Approval.--On receipt of an expenditure plan 
                under this paragraph, the Secretary shall approve the 
                expenditure plan if the Secretary determines that the 
                expenditure plan--
                            (i) is reasonable; and
                            (ii) is consistent with, and will be used 
                        for, the purposes of this Act.
                    (E) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan under this paragraph to ensure that amounts 
                disbursed under this paragraph are used in accordance 
                with this Act.
    (g) Uses.--Amounts from the Trust Fund shall be used by the Fort 
Belknap Indian Community for the following purposes:
            (1) Fort belknap indian community tribal irrigation and 
        other water resources development account.--Amounts in the Fort 
        Belknap Indian Community Tribal Irrigation and Other Water 
        Resources Development Account established under subsection 
        (b)(1) shall be used to pay the cost of activities relating 
        to--
                    (A) planning, studies, and design of the Southern 
                Tributary Irrigation Project and the Peoples Creek 
                Irrigation Project, including the Upper Peoples Creek 
                Dam and Reservoir, as described in the Fort Belknap 
                Indian Community Comprehensive Water Development Plan 
                dated 2019;
                    (B) environmental compliance;
                    (C) construction of the Southern Tributary 
                Irrigation Project and the Peoples Creek Irrigation 
                Project, including the Upper Peoples Creek Dam and 
                Reservoir;
                    (D) wetlands restoration and development;
                    (E) stock watering infrastructure; and
                    (F) on farm development support and reacquisition 
                of fee lands within the Fort Belknap Indian Irrigation 
                Project.
            (2) Fort belknap indian community water resources and water 
        rights administration, operation, and maintenance account.--
        Amounts in the Fort Belknap Indian Community Water Resources 
        and Water Rights Administration, Operation, and Maintenance 
        Account established under subsection (b)(2), the principal and 
        investment earnings, including interest, may only be used by 
        the Fort Belknap Indian Community to pay the costs of 
        activities described in subparagraphs (A) through (C) as 
        follows:
                    (A) $9,000,000 shall be used for the establishment, 
                operation, and capital expenditures in connection with 
                the administration of the Tribal water resources and 
                water rights development, including the development or 
                enactment of a Tribal water code.
                    (B) Only investment earnings, including interest, 
                on $29,299,059 shall be used and be available to pay 
                the costs of activities for administration, operations, 
                and regulation of the Tribal water resources and water 
                rights department, in accordance with the Compact and 
                this Act.
                    (C) Only investment earnings, including interest, 
                on $28,331,693 shall be used and be available to pay 
                the costs of activities relating to a portion of the 
                annual assessment costs for the Fort Belknap Indian 
                Community and Tribal members, including allottees, 
                under the Fort Belknap Indian Irrigation Project.
            (3) Fort belknap indian community clean and safe domestic 
        water and sewer systems, and lake elwell project account.--
        Amounts in the Fort Belknap Indian Community Clean and Safe 
        Domestic Water and Sewer Systems, and Lake Elwell Project 
        Account established under subsection (b)(3), the principal and 
        investment earnings, including interest, may only be used by 
        the Fort Belknap Indian Community to pay the costs of 
        activities relating to--
                    (A) planning, studies, and design of domestic water 
                supply, sewer collection and treatment systems, and 
                Lake Elwell Project, as described in the Fort Belknap 
                Indian Community Comprehensive Water Development Plan 
                dated 2019, including water delivery to the southern 
                part of the Reservation;
                    (B) construction of domestic water supply, sewer 
                collection, and treatment systems;
                    (C) construction, in accordance with applicable 
                law, of infrastructure for delivery of Lake Elwell 
                water diverted from the Missouri River to the southern 
                part of the Reservation; and
                    (D) planning, studies, design, and construction of 
                a Tribal wellness center for a work force health and 
                wellbeing project.
    (h) Liability.--The Secretary shall not be liable for any 
expenditure or investment of amounts withdrawn from the Trust Fund by 
the Fort Belknap Indian Community pursuant to subsection (f).
    (i) Project Efficiencies.--If the total cost of the activities 
described in subsection (g) results in cost savings and is less than 
the amounts authorized to be obligated under any of paragraphs (1) 
through (3) of that subsection required to carry out those activities, 
the Secretary, at the request of the Fort Belknap Indian Community, 
shall deposit those savings in the Trust Fund to be used in accordance 
with that subsection.
    (j) Annual Report.--The Fort Belknap Indian Community shall submit 
to the Secretary an annual expenditure report describing 
accomplishments and amounts spent from use of withdrawals under a 
Tribal management plan or an expenditure plan described in this 
section.
    (k) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any member 
of the Fort Belknap Indian Community on a per capita basis.
    (l) Effect.--Nothing in this Act entitles the Fort Belknap Indian 
Community to judicial review of a determination of the Secretary 
regarding whether to approve a Tribal management plan under paragraph 
(1) or an expenditure plan under paragraph (2), except as provided 
under subchapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ``Administrative Procedure Act'').

SEC. 13. FORT BELKNAP INDIAN COMMUNITY WATER SETTLEMENT IMPLEMENTATION 
              FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a non-trust, interest-bearing account to be known as the 
``Fort Belknap Indian Community Water Settlement Implementation Fund'', 
to be managed and distributed by the Secretary, for use by the 
Secretary for carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the Implementation 
Fund the following accounts:
            (1) The Fort Belknap Indian Irrigation Project System 
        Account.
            (2) The Milk River Project Mitigation Account.
    (c) Deposits.--The Secretary shall deposit--
            (1) in the Fort Belknap Indian Irrigation Project System 
        Account established under subsection (b)(1), the amount made 
        available pursuant to paragraphs (1)(C) and (2)(A)(iv) of 
        section 14(a); and
            (2) in the Milk River Project Mitigation Account 
        established under subsection (b)(2), the amount made available 
        pursuant to section 14(a)(1)(D).
    (d) Uses.--
            (1) Fort belknap indian irrigation project system 
        account.--The Fort Belknap Indian Irrigation Project 
        Rehabilitation Account established under subsection (b)(1) 
        shall be used to carry out section 9, except as provided in 
        subsection (g) of that section.
            (2) Milk river project mitigation account.--The Milk River 
        Project Mitigation Account established under subsection (b)(2) 
        may only be used to carry out section 8.
    (e) Management.--
            (1) In general.--Amounts in the Implementation Fund shall 
        not be available to the Secretary for expenditure until the 
        enforceability date.
            (2) Exception.--Notwithstanding paragraph (1), amounts 
        deposited in the Fort Belknap Indian Irrigation Project System 
        Account established under subsection (b)(1) shall be available 
        to the Secretary on the date on which the amounts are deposited 
        for uses described in paragraphs (1) and (2) of section 9(a).
    (f) Interest.--In addition to the deposits under subsection (c), 
any interest credited to amounts unexpended in the Implementation Fund 
are authorized to be appropriated to be used in accordance with the 
uses described in subsection (d).

SEC. 14. FUNDING.

    (a) Funding.--
            (1) Authorization of appropriations.--Subject to subsection 
        (b), there are authorized to be appropriated to the Secretary--
                    (A) for deposit in the Fort Belknap Indian 
                Community Tribal Irrigation and Other Water Resources 
                Development Account of the Trust Fund established under 
                section 12(b)(1), $89,643,100, to be retained until 
                expended, withdrawn, or reverted to the general fund of 
                the Treasury;
                    (B) for deposit in the Fort Belknap Indian 
                Community Clean and Safe Domestic Water and Sewer 
                Systems, and Lake Elwell Project Account of the Trust 
                Fund established under section 12(b)(3), $157,371,593, 
                to be retained until expended, withdrawn, or reverted 
                to the general fund of the Treasury;
                    (C) for deposit in the Fort Belknap Indian 
                Irrigation Project System Account of the Implementation 
                Fund established under section 13(b)(1), such sums as 
                are necessary, but not more than $187,124,469, for the 
                Secretary to carry out section 9, to be retained until 
                expended, withdrawn, or reverted to the general fund of 
                the Treasury; and
                    (D) for deposit in the Milk River Project 
                Mitigation Account of the Implementation Fund 
                established under section 13(b)(2), such sums as are 
                necessary, but not more than $300,000,000, for the 
                Secretary to carry out obligations of the Secretary 
                under section 8, to be retained until expended, 
                withdrawn, or reverted to the general fund of the 
                Treasury.
            (2) Mandatory appropriations.--
                    (A) In general.--Out of any funds in the Treasury 
                not otherwise appropriated, the Secretary of the 
                Treasury shall deposit--
                            (i) in the Fort Belknap Indian Community 
                        Tribal Irrigation and Other Water Resources 
                        Development Account of the Trust Fund 
                        established under section 12(b)(1), 
                        $29,881,034, to be retained until expended, 
                        withdrawn, or reverted to the general fund of 
                        the Treasury;
                            (ii) in the Fort Belknap Indian Community 
                        Water Resources and Water Rights 
                        Administration, Operation, and Maintenance 
                        Account of the Trust Fund established under 
                        section 12(b)(2), $66,630,752;
                            (iii) in the Fort Belknap Indian Community 
                        Clean and Safe Domestic Water and Sewer 
                        Systems, and Lake Elwell Project Account of the 
                        Trust Fund established under section 12(b)(3), 
                        $110,628,407; and
                            (iv) in the Fort Belknap Indian Irrigation 
                        Project System Account of the Implementation 
                        Fund established under section 13(b)(1), 
                        $228,717,684.
                    (B) Availability.--Amounts deposited in the Trust 
                Fund under subparagraph (A) shall be available without 
                further appropriation.
            (3) State cost share.--The State shall contribute 
        $5,000,000, plus any earned interest, payable to the Secretary 
        for deposit in the Fort Belknap Indian Community Tribal 
        Irrigation and Other Water Resources Development Account of the 
        Trust Fund established under section 12(b)(1) on approval of a 
        final decree by the Montana Water Court for the purpose of 
        activities relating to the Upper Peoples Creek Dam and 
        Reservoir under subparagraphs (A) through (C) of section 
        12(g)(1).
    (b) Fluctuation in Costs.--
            (1) In general.--The amounts authorized to be appropriated 
        under paragraphs (1) and (2) of subsection (a) and this 
        subsection shall be--
                    (A) 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 Cost Index--Composite Trend; 
                and
                    (B) adjusted to address construction cost changes 
                necessary to account for unforeseen market volatility 
                that may not otherwise be captured by engineering cost 
                indices as determined by the Secretary, including 
                repricing applicable to the types of construction and 
                current industry standards involved.
            (2) Repetition.--The adjustment process under paragraph (1) 
        shall be repeated for each subsequent amount appropriated until 
        the amount authorized to be appropriated under subsection (a), 
        as adjusted, has been appropriated.
            (3) Period of indexing.--
                    (A) Trust fund.--With respect to the Trust Fund, 
                the period of indexing adjustment under paragraph (1) 
                for any increment of funding shall end on the date on 
                which the funds are deposited into the Trust Fund.
                    (B) Implementation fund.--With respect to the 
                Implementation Fund, the period of adjustment under 
                paragraph (1) for any increment of funding shall be 
                annually.

SEC. 15. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Except as 
provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
in this Act waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian Tribe, band, or community 
other than the Fort Belknap Indian Community.
    (c) Elimination of Debts or Liens Against Allotments of the Fort 
Belknap Indian Community Members Within the Fort Belknap Indian 
Irrigation Project.--On the date of enactment of this Act, the 
Secretary shall cancel and eliminate all debts or liens against the 
allotments of land held by the Fort Belknap Indian Community and the 
members of the Fort Belknap Indian Community due to construction 
assessments and annual operation and maintenance charges relating to 
the Fort Belknap Indian Irrigation Project.
    (d) Effect on Current Law.--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 pre-enforcement 
review of any Federal environmental enforcement action.
    (e) Effect on 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).
    (f) Additional Funding.--Nothing in this Act prohibits the Fort 
Belknap Indian Community from seeking--
            (1) additional funds for Tribal programs or purposes; or
            (2) funding from the United States or the State based on 
        the status of the Fort Belknap Indian Community as an Indian 
        Tribe.
    (g) Rights Under State Law.--Except as provided in section 1 of 
Article III of the Compact (relating to the closing of certain water 
basins in the State to new appropriations in accordance with the laws 
of the State), nothing in this Act or the Compact precludes the 
acquisition or exercise of a right arising under State law (as defined 
in section 6 of Article II of the Compact) to the use of water by the 
Fort Belknap Indian Community, or a member or allottee of the Fort 
Belknap Indian Community, outside the Reservation by--
            (1) purchase of the right; or
            (2) submitting to the State an application in accordance 
        with State law.
    (h) Water Storage and Importation.--Nothing in this Act or the 
Compact prevents the Fort Belknap Indian Community from participating 
in any project to import water to, or to add storage in, the Milk River 
Basin.

SEC. 16. 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 by Congress 
        expressly to carry out the purposes of this Act; or
            (2) there are not enough funds available 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)) 
        to carry out the purposes of this Act.
                                 <all>