[Congressional Record Volume 160, Number 134 (Thursday, September 18, 2014)]
[Senate]
[Pages S5872-S5873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   BLACKFOOT RIVER LAND EXCHANGE ACT

  Mr. PRYOR. I ask unanimous consent that the Senate proceed to the 
immediate consideration of S. 2040.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2040) to exchange trust and fee land to resolve 
     land disputes created by the realignment of the Blackfoot 
     River along the boundary of the Fort Hall Indian Reservation, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. PRYOR. I ask unanimous consent that the Crapo substitute 
amendment at the desk be agreed to, the bill, as amended, be read a 
third time and passed, and the motion to reconsider be laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment No. (3932) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Blackfoot River Land 
     Exchange Act of 2014''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Shoshone-Bannock Tribes, a federally recognized 
     Indian tribe with tribal headquarters at Fort Hall, Idaho--
       (A) adopted a tribal constitution and bylaws on March 31, 
     1936, that were approved by the Secretary of the Interior on 
     April 30, 1936, pursuant to the Act of June 18, 1934 (25 
     U.S.C. 461 et seq.) (commonly known as the ``Indian 
     Reorganization Act'');
       (B) has entered into various treaties with the United 
     States, including the Second Treaty of Fort Bridger, executed 
     on July 3, 1868; and
       (C) has maintained a continuous government-to-government 
     relationship with the United States since the earliest years 
     of the Union;
       (2)(A) in 1867, President Andrew Johnson designated by 
     Executive order the Fort Hall Reservation for various bands 
     of Shoshone and Bannock Indians;
       (B) the Reservation is located near the cities of Blackfoot 
     and Pocatello in southeastern Idaho; and
       (C) article 4 of the Second Treaty of Fort Bridger secured 
     the Reservation as a ``permanent home'' for the Shoshone-
     Bannock Tribes;
       (3)(A) according to the Executive order referred to in 
     paragraph (2)(A), the Blackfoot River, as the river existed 
     in its natural state--
       (i) is the northern boundary of the Reservation; and
       (ii) flows in a westerly direction along that northern 
     boundary; and
       (B) within the Reservation, land use in the River watershed 
     is dominated by--
       (i) rangeland;
       (ii) dry and irrigated farming; and
       (iii) residential development;
       (4)(A) in 1964, the Corps of Engineers completed a local 
     flood protection project on the River--
       (i) authorized by section 204 of the Flood Control Act of 
     1950 (64 Stat. 170); and
       (ii) sponsored by the Blackfoot River Flood Control 
     District No. 7;
       (B) the project consisted of building levees, replacing 
     irrigation diversion structures, replacing bridges, and 
     channel realignment; and
       (C) the channel realignment portion of the project severed 
     various parcels of land located contiguous to the River along 
     the boundary of the Reservation, resulting in Indian land 
     being located north of the Realigned River and non-Indian 
     land being located south of the Realigned River;

[[Page S5873]]

       (5) beginning in 1999, the Cadastral Survey Office of the 
     Bureau of Land Management conducted surveys of--
       (A) 25 parcels of Indian land; and
       (B) 19 parcels of non-Indian land; and
       (6) the enactment of this Act and separate agreements of 
     the parties would represent a resolution of the disputes 
     described in subsection (b)(1) among--
       (A) the Tribes;
       (B) the allottees; and
       (C) the non-Indian landowners.
       (b) Purposes.--The purposes of this Act are--
       (1) to resolve the land ownership and land use disputes 
     resulting from realignment of the River by the Corps of 
     Engineers during calendar year 1964 pursuant to the project 
     described in subsection (a)(4)(A); and
       (2) to achieve a final and fair solution to resolve those 
     disputes.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Allottee.--The term ``allottee'' means an heir of an 
     original allottee of the Reservation who owns an interest in 
     a parcel of land that is--
       (A) held in trust by the United States for the benefit of 
     the allottee; and
       (B) located north of the Realigned River within the 
     exterior boundaries of the Reservation.
       (2) Blackfoot river flood control district no. 7.--The term 
     ``Blackfoot River Flood Control District No. 7'' means the 
     governmental subdivision in the State of Idaho, located at 75 
     East Judicial, Blackfoot, Idaho, that--
       (A) is responsible for maintenance and repair of the 
     Realigned River; and
       (B) represents the non-Indian landowners relating to the 
     resolution of the disputes described in section 2(b)(1) in 
     accordance with this Act.
       (3) Indian land.--The term ``Indian land'' means any parcel 
     of land that is--
       (A) held in trust by the United States for the benefit of 
     the Tribes or the allottees;
       (B) located north of the Realigned River; and
       (C) identified in exhibit A of the survey of the Bureau of 
     Land Management entitled ``Survey of the Blackfoot River of 
     2002 to 2005'', which is located at--
       (i) the Fort Hall Indian Agency office of the Bureau of 
     Indian Affairs; and
       (ii) the Blackfoot River Flood Control District No. 7.
       (4) Non-indian land.--The term ``non-Indian land'' means 
     any parcel of fee land that is--
       (A) located south of the Realigned River; and
       (B) identified in exhibit B, which is located at the areas 
     described in clauses (i) and (ii) of paragraph (3)(C).
       (5) Non-indian landowner.--The term ``non-Indian 
     landowner'' means any individual who holds fee title to non-
     Indian land and is represented by the Blackfoot River Flood 
     Control District No. 7 for purposes of this Act.
       (6) Realigned river.--The term ``Realigned River'' means 
     that portion of the River that was realigned by the Corps of 
     Engineers during calendar year 1964 pursuant to the project 
     described in section 2(a)(4)(A).
       (7) Reservation.--The term ``Reservation'' means the Fort 
     Hall Reservation established by Executive order during 
     calendar year 1867 and confirmed by treaty during calendar 
     year 1868.
       (8) River.--The term ``River'' means the Blackfoot River 
     located in the State of Idaho.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Tribes.--The term ``Tribes'' means the Shoshone-
     Bannock Tribes.

     SEC. 4. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON-INDIAN 
                   OWNED LANDS.

       (a) Release of Claims.--Effective on the date of enactment 
     of this Act--
       (1) all existing and future claims with respect to the 
     Indian land and the non-Indian land and all right, title, and 
     interest that the Tribes, allottees, non-Indian landowners, 
     and the Blackfoot River Flood Control District No. 7 may have 
     had to that land shall be extinguished;
       (2) any interest of the Tribes, the allottees, or the 
     United States, acting as trustee for the Tribes or allottees, 
     in the Indian land shall be extinguished under section 2116 
     of the Revised Statutes (commonly known as the ``Indian Trade 
     and Intercourse Act'') (25 U.S.C. 177); and
       (3) to the extent any interest in non-Indian land 
     transferred into trust pursuant to section 5 violates section 
     2116 of the Revised Statutes (commonly known as the ``Indian 
     Trade and Intercourse Act'') (25 U.S.C. 177), that transfer 
     shall be valid, subject to the condition that the transfer is 
     consistent with all other applicable Federal laws (including 
     regulations).
       (b) Documentation.--The Secretary may execute and file any 
     appropriate documents (including a plat or map of the 
     transferred Indian land) that are suitable for filing with 
     the Bingham County clerk or other appropriate county 
     official, as the Secretary determines necessary to carry out 
     this Act.

     SEC. 5. NON-INDIAN LAND TO BE PLACED INTO TRUST FOR TRIBES.

       Effective on the date of enactment of this Act, the non-
     Indian land shall be considered to be held in trust by the 
     United States for the benefit of the Tribes.

     SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall transfer the 
     Indian land to the Blackfoot River Flood Control District No. 
     7 for use or sale in accordance with subsection (b).
       (b) Use of Land.--
       (1) In general.--The Blackfoot River Flood Control District 
     No. 7 shall use any proceeds from the sale of land described 
     in subsection (a) according to the following priorities:
       (A) To compensate, at fair market value, each non-Indian 
     landowner for the net loss of land to that non-Indian 
     landowner resulting from the implementation of this Act.
       (B) To compensate the Blackfoot River Flood Control 
     District No. 7 for any administrative or other expenses 
     relating to carrying out this Act.
       (2) Remaining land.--If any land remains to be conveyed or 
     proceeds remain after the sale of the land, the Blackfoot 
     River Flood Control District No. 7 may dispose of that 
     remaining land or proceeds as the Blackfoot River Flood 
     Control District No. 7 determines to be appropriate.

     SEC. 7. EFFECT ON ORIGINAL RESERVATION BOUNDARY.

       Nothing in this Act affects the original boundary of the 
     Reservation, as established by Executive order during 
     calendar year 1867 and confirmed by treaty during calendar 
     year 1868.

     SEC. 8. EFFECT ON TRIBAL WATER RIGHTS.

       Nothing in this Act extinguishes or conveys any water right 
     of the Tribes, as established in the agreement entitled 
     ``1990 Fort Hall Indian Water Rights Agreement'' and ratified 
     by section 4 of the Fort Hall Indian Water Rights Act of 1990 
     (Public Law 101-602; 104 Stat. 3060).

     SEC. 9. EFFECT ON CERTAIN OBLIGATIONS.

       (a) In General.--Except as provided in subsection (b), 
     nothing in this Act affects the obligation of Blackfoot River 
     Flood Control District No. 7 to maintain adequate rights-of-
     way for the operation and maintenance of the local flood 
     protection projects described in section 2(a)(4) pursuant to 
     agreements between the Blackfoot River Flood Control District 
     No. 7 and the Corps of Engineers.
       (b) Restriction on Fees.--Any land conveyed to the Tribes 
     pursuant to this Act shall not be subject to fees assessed by 
     Blackfoot River Flood Control District No. 7.

     SEC. 10. DISCLAIMERS REGARDING CLAIMS.

       Nothing in this Act--
       (1) affects in any manner the sovereign claim of the State 
     of Idaho to title in and to the beds and banks of the River 
     under the equal footing doctrine of the Constitution of the 
     United States;
       (2) affects any action by the State of Idaho to establish 
     the title described in paragraph (1) under section 2409a of 
     title 28, United States Code (commonly known as the ``Quiet 
     Title Act'');
       (3) affects the ability of the Tribes or the United States 
     to claim ownership of the beds and banks of the River; or
       (4) extinguishes or conveys any water rights of non-Indian 
     landowners or the claims of those landowners to water rights 
     in the Snake River Basin Adjudication.

  The bill (S. 2040), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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