[Congressional Record Volume 160, Number 144 (Monday, December 1, 2014)]
[House]
[Pages H8187-H8188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BLACKFOOT RIVER LAND EXCHANGE ACT OF 2014
Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules
and pass the 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2040
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 ``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;
(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
[[Page H8188]]
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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Hastings) and the gentleman from California (Mr.
Lowenthal) each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, first, I would like to, once again, acknowledge the work
of the gentleman from Idaho (Mr. Simpson) for his work on the House
companion to this bill, H.R. 5049, which was ordered favorably reported
from the Natural Resources Committee by unanimous consent.
S. 2040 addresses a land dispute caused by the realignment of the
Blackfoot River along the boundary of the Fort Hall Indian Reservation
in Idaho by requiring an exchange of Indian lands for non-Indian lands.
Specifically, S. 2040 authorizes the Federal Government to take into
trust certain non-Indian lands on behalf of the Shoshone-Bannock Tribes
in Idaho. In exchange, the government would then convey certain Indian
lands. Finally, in recognition of this land exchange, the bill
extinguishes claims that would be asserted by the tribes against the
Federal Government.
It is a complex solution, Mr. Speaker, to a complex problem, and I am
glad we will be able to resolve that problem with this bill. With that,
I reserve the balance of my time.
Mr. LOWENTHAL. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, S. 2040 would resolve border changes to the Fort Hall
Reservation after the realignment of the Blackfoot River by the Army
Corps of Engineers in 1964. This bill settles boundary disputes for the
tribes of the Fort Hall Reservation and directs the Secretary of the
Interior to transfer the Indian land to the Blackfoot River Flood
Control District Number 7 for use or sale and requires that the non-
Indian land be held in trust for the tribes.
The bill allows the local flood control district to compensate non-
Indian landowners at fair market value. The disposition of the
remaining lands, after the sale of the lands, is left to the discretion
of the Flood Control District Number 7.
Mr. Speaker, I support passage of this bill, and I reserve the
balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3
minutes to the gentleman from Idaho (Mr. Simpson), the author of the
companion House bill to this legislation.
Mr. SIMPSON. Mr. Speaker, again, I thank the chairman for bringing
this piece of legislation to the floor.
Mr. Speaker, I rise today in support of S. 2040, the Blackfoot River
Land Exchange Act of 2014. This important bill provides a needed fix to
a longstanding problem regarding the northern boundary of the Fort Hall
Reservation of the Shoshone-Bannock Tribes in Idaho. When I grew up in
Blackfoot, which was on the northern side of the Fort Hall Reservation,
the Blackfoot River was the designation of the northern boundary of the
Fort Hall Indian Reservation and the southern part of the city of
Blackfoot. As I was growing up, I can remember in the early days it
used to ice up because it was a meandering, small river, and it would
ice up, flood, and cause havoc.
Since its designation, however, in 1960, the Corps of Engineers flood
control project changed the flow of the river, leaving some tribal land
located north of the river and some non-Indian land located south of
the river. For years, the tribes and affected landowners have
collaborated to find a solution to this problem that works for all
concerned. S. 2040 is that solution. The bill is a simple land exchange
that would make both the tribes and the affected landowners whole.
S. 2040 is the result of cooperation and give-and-take. The bill
passed the Senate in September with unanimous consent, and the House
version of the bill was passed unanimously by the committee this fall.
I look forward to seeing it signed into law before the end of this
year. It will solve a longstanding problem for the Fort Hall Indian
Reservation and the city of Blackfoot.
Mr. LOWENTHAL. Mr. Speaker, I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, once again, this is a good
piece of legislation addressing a complex issue. I urge its adoption,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Hastings) that the House suspend the
rules and pass the bill, S. 2040.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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