[Congressional Record Volume 162, Number 140 (Thursday, September 15, 2016)]
[Senate]
[Pages S5852-S5864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5074. Mr. HOEVEN (for himself and Ms. Heitkamp) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, to provide for the conservation and development of water and 
related resources, to authorize the Secretary of the Army to construct 
various projects for improvements to rivers and harbors of the United 
States, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. BUREAU OF RECLAMATION DAKOTAS AREA OFFICE PERMIT 
                   FEES FOR CABINS AND TRAILERS.

       During the period ending 5 years after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     not increase the permit fee for a cabin or trailer on land in 
     the State of North Dakota administered by the Dakotas Area 
     Office of the Bureau of Reclamation by more than 33 percent 
     of the permit fee that was in effect on January 1, 2016.

     SEC. ___. USE OF TRAILER HOMES AT HEART BUTTE DAM AND 
                   RESERVOIR (LAKE TSCHIDA).

       (a) Definitions.--In this section:
       (1) Addition.--The term ``addition'' means any enclosed 
     structure added onto the structure of a trailer home that 
     increases the living area of the trailer home.
       (2) Camper or recreational vehicle.--The term ``camper or 
     recreational vehicle'' includes--
       (A) a camper, motorhome, trailer camper, bumper hitch 
     camper, fifth wheel camper, or equivalent mobile shelter; and
       (B) a recreational vehicle.
       (3) Immediate family.--The term ``immediate family'' means 
     a spouse, grandparent, parent, sibling, child, or grandchild.
       (4) Permit.--The term ``permit'' means a permit issued by 
     the Secretary authorizing the use of a lot in a trailer area.
       (5) Permit year.--The term ``permit year'' means the period 
     beginning on April 1 of a calendar year and ending on March 
     31 of the following calendar year.
       (6) Permittee.--The term ``permittee'' means a person 
     holding a permit.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (8) Trailer area.--The term ``trailer area'' means any of 
     the following areas at Heart Butte Dam and Reservoir (Lake 
     Tschida) (as described in the document of the Bureau of 
     Reclamation entitled ``Heart Butte Reservoir Resource 
     Management Plan'' (March 2008)):
       (A) Trailer Area 1 and 2, also known as Management Unit 
     034.
       (B) Southside Trailer Area, also known as Management Unit 
     014.
       (9) Trailer home.--The term ``trailer home'' means a 
     dwelling placed on a supporting frame that--
       (A) has or had a tow-hitch; and
       (B) is made mobile, or is capable of being made mobile, by 
     an axle and wheels.
       (b) Permit Renewal and Permitted Use.--
       (1) In general.--The Secretary shall use the same permit 
     renewal process for trailer area permits as the Secretary 
     uses for other permit renewals in other reservoirs in the 
     State of North Dakota administered by the Dakotas Area Office 
     of the Bureau of Reclamation.
       (2) Trailer homes.--With respect to a trailer home, a 
     permit for each permit year shall authorize the permittee--
       (A) to park the trailer home on the lot;
       (B) to use the trailer home on the lot;
       (C) to physically move the trailer home on and off the lot; 
     and
       (D) to leave on the lot any addition, deck, porch, 
     entryway, step to the trailer home, propane tank, or storage 
     shed.
       (3) Campers or recreational vehicles.--With respect to a 
     camper or recreational vehicle, a permit shall, for each 
     permit year--
       (A) from April 1 to October 31, authorize the permittee--
       (i) to park the camper or recreational vehicle on the lot;
       (ii) to use the camper or recreational vehicle on the lot; 
     and
       (iii) to move the camper or recreational vehicle on and off 
     the lot; and
       (B) from November 1 to March 31, require a permittee to 
     remove the camper or recreational vehicle from the lot.
       (c) Removal.--
       (1) In general.--The Secretary may require removal of a 
     trailer home from a lot in a trailer area if the trailer home 
     is flooded after the date of enactment of this Act.
       (2) Removal and new use.--If the Secretary requires removal 
     of a trailer home under paragraph (1), on request by the 
     permittee, the Secretary shall authorize the permittee--
       (A) to replace the trailer home on the lot with a camper or 
     recreational vehicle in accordance with this section; or
       (B) to place a trailer home on the lot from April 1 to 
     October 31.
       (d) Transfer of Permits.--
       (1) Transfer of trailer home title.--If a permittee 
     transfers title to a trailer home permitted on a lot in a 
     trailer area, the Secretary shall issue a permit to the 
     transferee, under the same terms as the permit applicable on 
     the date of transfer, subject to the conditions described in 
     paragraph (3).
       (2) Transfer of camper or recreational vehicle title.--If a 
     permittee who has a permit to use a camper or recreational 
     vehicle on a lot in a trailer area transfers title to the 
     interests of the permittee on or to the lot, the Secretary 
     shall issue a permit to the transferee, subject to the 
     conditions described in paragraph (3).
       (3) Conditions.--A permit issued by the Secretary under 
     paragraph (1) or (2) shall be subject to the following 
     conditions:
       (A) A permit may not be held in the name of a corporation.
       (B) A permittee may not have an interest in, or control of, 
     more than 1 seasonal trailer home site in the Great Plains 
     Region of the Bureau of Reclamation, inclusive of sites 
     located on tracts permitted to organized groups on 
     Reclamation reservoirs.
       (C) Not more than 2 persons may be permittees under 1 
     permit, unless--
       (i) approved by the Secretary; or
       (ii) the additional persons are immediate family members of 
     the permittees.
       (e) Anchoring Requirements for Trailer Homes.--The 
     Secretary shall require compliance with appropriate anchoring 
     requirements for each trailer home (including additions to 
     the trailer home) and other objects on a lot in a trailer 
     area, as determined by the Secretary, after consulting with 
     permittees.
       (f) Replacement, Removal, and Return.--
       (1) Replacement.--Permittees may replace their trailer home 
     with another trailer home.
       (2) Removal and return.--Permittees may--
       (A) remove their trailer home; and
       (B) if the permittee removes their trailer home under 
     subparagraph (A), return the trailer home to the lot of the 
     permittee.
       (g) Liability; Taking.--
       (1) Liability.--The United States shall not be liable for 
     flood damage to the personal property of a permittee or for 
     damages arising out of any act, omission, or occurrence 
     relating to a lot to which a permit applies,

[[Page S5853]]

     other than for damages caused by an act or omission of the 
     United States or an employee, agent, or contractor of the 
     United States before the date of enactment of this Act.
       (2) Taking.--Any temporary flooding or flood damage to the 
     personal property of a permittee shall not be a taking by the 
     United States.
                                 ______
                                 
  SA 5075. Mr. ISAKSON (for himself and Mr. Perdue) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, to provide for the conservation and development of water and 
related resources, to authorize the Secretary of the Army to construct 
various projects for improvements to rivers and harbors of the United 
States, and for other purposes; as follows:

       At the appropriate place in section 5001 (relating to 
     deauthorizations), insert the following:
       (_) New Savannah Bluff Lock and Dam, Georgia and South 
     Carolina.--
       (1) Definitions.--In this subsection:
       (A) New savannah bluff lock and dam.--The term ``New 
     Savannah Bluff Lock and Dam'' has the meaning given the term 
     in section 348(l)(1) of the Water Resources Development Act 
     of 2000 (114 Stat. 2630) (as in effect on the day before the 
     date of enactment of this Act).
       (B) Project.--The term ``Project'' means the project for 
     navigation, Savannah Harbor expansion, Georgia, authorized by 
     section 7002(1) of the Water Resources Reform and Development 
     Act of 2014 (128 Stat. 1364).
       (2) Deauthorization.--
       (A) In general.--Effective beginning on the date of 
     enactment of this Act--
       (i) the New Savannah Bluff Lock and Dam is deauthorized; 
     and
       (ii) notwithstanding section 348(l)(2)(B) of the Water 
     Resources Development Act of 2000 (114 Stat. 2630; 114 Stat. 
     2763A-228) (as in effect on the day before the date of 
     enactment of this Act) or any other provision of law, the New 
     Savannah Bluff Lock and Dam shall not be conveyed to the city 
     of North Augusta and Aiken County, South Carolina, or any 
     other non-Federal entity.
       (B) Repeal.--Section 348 of the Water Resources Development 
     Act of 2000 (114 Stat. 2630; 114 Stat. 2763A-228) is 
     amended--
       (i) by striking subsection (l); and
       (ii) by redesignating subsections (m) and (n) as 
     subsections (l) and (m), respectively.
       (3) Project modifications.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Project is modified to include, as the Secretary 
     determines to be necessary--
       (i)(I) repair of the lock wall of the New Savannah Bluff 
     Lock and Dam and modification of the structure such that the 
     structure is able--

       (aa) to maintain the pool for navigation, water supply, and 
     recreational activities, as in existence on the date of 
     enactment of this Act; and
       (bb) to allow safe passage via a rock ramp over the 
     structure to historic spawning grounds of Shortnose sturgeon, 
     Atlantic sturgeon, and other migratory fish; or

       (II)(aa) construction at an appropriate location across the 
     Savannah River of a rock weir that is able to maintain the 
     pool for water supply and recreational activities, as in 
     existence on the date of enactment of this Act; and
       (bb) removal of the New Savannah Bluff Lock and Dam on 
     completion of construction of the weir; and
       (ii) conveyance by the Secretary to Augusta-Richmond 
     County, Georgia, of the park and recreation area adjacent to 
     the New Savannah Bluff Lock and Dam, without consideration.
       (B) Operation and maintenance costs.--The Federal share of 
     the costs of operation and maintenance of any Project feature 
     constructed pursuant to subparagraph (A) shall be 100 
     percent.
                                 ______
                                 
  SA 5076. Mr. COCHRAN submitted an amendment intended to be proposed 
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the 
conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; as follows:

       Strike section 6009 and insert the following:

     SEC. 6009. YAZOO BASIN, MISSISSIPPI.

       The authority of the Secretary to carry out the project for 
     flood damage reduction, bank stabilization, and sediment and 
     erosion control known as the ``Yazoo Basin, Mississippi, 
     Mississippi Delta Headwater Project, MS'', authorized by 
     title I of Public Law 98-8 (97 Stat. 22), as amended, shall 
     not be limited to watersheds referenced in reports 
     accompanying appropriations bills for previous fiscal years.
                                 ______
                                 
  SA 5077. Mr. TESTER (for himself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, to provide for the conservation and development of water and 
related resources, to authorize the Secretary of the Army to construct 
various projects for improvements to rivers and harbors of the United 
States, and for other purposes; as follows:

       At the end, add the following:

            TITLE IX--BLACKFEET WATER RIGHTS SETTLEMENT ACT

     SEC. 9001. SHORT TITLE.

       This title may be cited as the ``Blackfeet Water Rights 
     Settlement Act''.

     SEC. 9002. PURPOSES.

       The purposes of this title are--
       (1) to achieve a fair, equitable, and final settlement of 
     claims to water rights in the State of Montana for--
       (A) the Blackfeet Tribe of the Blackfeet Indian 
     Reservation; and
       (B) the United States, for the benefit of the Tribe and 
     allottees;
       (2) to authorize, ratify, and confirm the water rights 
     compact entered into by the Tribe and the State, to the 
     extent that the Compact is consistent with this title;
       (3) to authorize and direct the Secretary of the Interior--
       (A) to execute the Compact; and
       (B) to take any other action necessary to carry out the 
     Compact in accordance with this title; and
       (4) to authorize funds necessary for the implementation of 
     the Compact and this title.

     SEC. 9003. DEFINITIONS.

       In this title:
       (1) Allottee.--The term ``allottee'' means any 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) Birch creek agreement.--The term ``Birch Creek 
     Agreement'' means--
       (A) the agreement between the Tribe and the State regarding 
     Birch Creek water use dated January 31, 2008 (as amended on 
     February 13, 2009); and
       (B) any amendment or exhibit (including exhibit amendments) 
     to that agreement that is executed in accordance with this 
     title.
       (3) Blackfeet irrigation project.--The term ``Blackfeet 
     Irrigation Project'' means the irrigation project authorized 
     by the matter under the heading ``MONTANA'' of title II of 
     the Act of March 1, 1907 (34 Stat. 1035, chapter 2285), and 
     administered by the Bureau of Indian Affairs.
       (4) Compact.--The term ``Compact'' means--
       (A) the Blackfeet-Montana water rights compact dated April 
     15, 2009, as contained in section 85-20-1501 of the Montana 
     Code Annotated (2015); and
       (B) any amendment or exhibit (including exhibit amendments) 
     to the Compact that is executed to make the Compact 
     consistent with this title.
       (5) Enforceability date.--The term ``enforceability date'' 
     means the date described in section 9020(f).
       (6) 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).
       (7) Milk river basin.--The term ``Milk River Basin'' means 
     the North Fork, Middle Fork, South Fork, and main stem of the 
     Milk River and tributaries, from the headwaters to the 
     confluence with the Missouri River.
       (8) 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.
       (9) Milk river project water rights.--The term ``Milk River 
     Project water rights'' means the water rights held by the 
     Bureau of Reclamation on behalf of the Milk River Project, as 
     finally adjudicated by the Montana Water Court.
       (10) Milk river water right.--The term ``Milk River water 
     right'' means the portion of the Tribal water rights 
     described in article III.F of the Compact and this title.
       (11) Missouri river basin.--The term ``Missouri River 
     Basin'' means the hydrologic basin of the Missouri River 
     (including tributaries).
       (12) MR&I system.--The term ``MR&I System'' means the 
     intake, treatment, pumping, storage, pipelines, appurtenant 
     items, and any other feature of the system, as generally 
     described in the document entitled ``Blackfeet Regional Water 
     System'', prepared by DOWL HKM, and dated June 2010, and 
     modified by DOWL HKM, as set out in the addendum to the 
     report dated March 2013.
       (13) OM&R.--The term ``OM&R'' 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

[[Page S5854]]

       (C) any activity relating to replacing a feature of a 
     project.
       (14) Reservation.--The term ``Reservation'' means the 
     Blackfeet Indian Reservation of Montana, as--
       (A) established by the Treaty of October 17, 1855 (11 Stat. 
     657); and
       (B) modified by--
       (i) the Executive Order of July 5, 1873 (relating to the 
     Blackfeet Reserve);
       (ii) the Act of April 15, 1874 (18 Stat. 28, chapter 96);
       (iii) the Executive order of August 19, 1874 (relating to 
     the Blackfeet Reserve);
       (iv) the Executive order of April 13, 1875 (relating to the 
     Blackfeet Reserve);
       (v) the Executive order of July 13, 1880 (relating to the 
     Blackfeet Reserve);
       (vi) the Agreement with the Blackfeet, ratified by the Act 
     of May 1, 1888 (25 Stat. 113, chapter 213); and
       (vii) the Agreement with the Blackfeet, ratified by the Act 
     of June 10, 1896 (29 Stat. 353, chapter 398).
       (15) St. mary river water right.--The term ``St. Mary River 
     water right'' means that portion of the Tribal water rights 
     described in article III.G.1.a.i. of the Compact and this 
     title.
       (16) 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.
       (17) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (18) State.--The term ``State'' means the State of Montana.
       (19) Swiftcurrent creek bank stabilization project.--The 
     term ``Swiftcurrent Creek Bank Stabilization Project'' means 
     the project to mitigate the physical and environmental 
     problems associated with the St. Mary Unit from Sherburne Dam 
     to the St. Mary River, as described in the report entitled 
     ``Boulder/Swiftcurrent Creek Stabilization Project, Phase II 
     Investigations Report'', prepared by DOWL HKM, and dated 
     March 2012.
       (20) Tribal water rights.--The term ``Tribal water rights'' 
     means the water rights of the Tribe described in article III 
     of the Compact and this title, including--
       (A) the Lake Elwell allocation provided to the Tribe under 
     section 9009; and
       (B) the instream flow water rights described in section 
     9019.
       (21) Tribe.--The term ``Tribe'' means the Blackfeet Tribe 
     of the Blackfeet Indian Reservation of Montana.

     SEC. 9004. RATIFICATION OF COMPACT.

       (a) Ratification.--
       (1) In general.--As modified by this title, the Compact is 
     authorized, ratified, and confirmed.
       (2) Amendments.--Any amendment to the Compact is 
     authorized, ratified, and confirmed, to the extent that such 
     amendment is executed to make the Compact consistent with 
     this title.
       (b) Execution.--
       (1) In general.--To the extent that the Compact does not 
     conflict with this title, the Secretary shall execute the 
     Compact, including all exhibits to, or parts of, the Compact 
     requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this title precludes the 
     Secretary from approving any modification to an appendix or 
     exhibit to the Compact that is consistent with this title, 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 
     title, 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.); and
       (C) all other applicable environmental laws and 
     regulations.
       (2) Effect of execution.--
       (A) In general.--The execution of the Compact by the 
     Secretary under this section shall not constitute a major 
     Federal action for purposes of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (B) Compliance.--The Secretary shall carry out all Federal 
     compliance activities necessary to implement the Compact and 
     this title.

     SEC. 9005. MILK RIVER WATER RIGHT.

       (a) In General.--With respect to the Milk River water 
     right, the Tribe--
       (1) may continue the historical uses and the uses in 
     existence on the date of enactment of this title; and
       (2) except as provided in article III.F.1.d of the Compact, 
     shall not develop new uses until the date on which--
       (A) the Tribe has entered into the agreement described in 
     subsection (c); or
       (B) the Secretary has established the terms and conditions 
     described in subsection (e).
       (b) Water Rights Arising Under State Law.--With respect to 
     any water rights arising under State law in the Milk River 
     Basin owned or acquired by the Tribe, the Tribe--
       (1) may continue any use in existence on the date of 
     enactment of this title; and
       (2) shall not change any use until the date on which--
       (A) the Tribe has entered into the agreement described in 
     subsection (c); or
       (B) the Secretary has established the terms and conditions 
     described in subsection (e).
       (c) Tribal Agreement.--
       (1) In general.--In consultation with the Commissioner of 
     Reclamation and the Director of the Bureau of Indian Affairs, 
     the Tribe and the Fort Belknap Indian Community shall enter 
     into an agreement to provide for the exercise of their 
     respective water rights on the respective reservations of the 
     Tribe and the Fort Belknap Indian Community in the Milk 
     River.
       (2) Considerations.--The agreement entered into under 
     paragraph (1) shall take into consideration--
       (A) the equal priority dates of the 2 Indian tribes;
       (B) the water supplies of the Milk River; and
       (C) historical, current, and future uses identified by each 
     Indian tribe.
       (d) Secretarial Determination.--
       (1) In general.--Not later than 120 days after the date on 
     which the agreement described in subsection (c) is submitted 
     to the Secretary, the Secretary shall review and approve or 
     disapprove the agreement.
       (2) Approval.--The Secretary shall approve the agreement if 
     the Secretary finds that the agreement--
       (A) equitably accommodates the interests of each Indian 
     tribe in the Milk River;
       (B) adequately considers the factors described in 
     subsection (c)(2); and
       (C) is otherwise in accordance with applicable law.
       (3) Deadline extension.--The deadline to review the 
     agreement described in paragraph (1) may be extended by the 
     Secretary after consultation with the Tribe and the Fort 
     Belknap Indian Community.
       (e) Secretarial Decision.--
       (1) In general.--If the Tribe and the Fort Belknap Indian 
     Community do not, by 3 years after the Secretary certifies 
     under section 9020(f)(5) that the Tribal membership has 
     approved the Compact and this title, enter into an agreement 
     approved under subsection (d)(2), the Secretary, in the 
     Secretary's sole discretion, shall establish, after 
     consultation with the Tribe and the Fort Belknap Indian 
     Community, terms and conditions that reflect the 
     considerations described in subsection (c)(2) by which the 
     respective water rights of the Tribe and the Fort Belknap 
     Indian Community in the Milk River may be exercised.
       (2) Consideration as final agency action.--The 
     establishment by the Secretary of terms and conditions under 
     paragraph (1) shall be considered to be a final agency action 
     for purposes of review under chapter 7 of title 5, United 
     States Code.
       (3) Judicial review.--An action for judicial review 
     pursuant to this section shall be brought by not later than 
     the date that is 1 year after the date of notification of the 
     establishment of the terms and conditions under this 
     subsection.
       (4) Incorporation into decrees.--The agreement under 
     subsection (c), or the decision of the Secretary under this 
     subsection, shall be filed with the Montana Water Court, or 
     the district court with jurisdiction, for incorporation into 
     the final decrees of the Tribe and the Fort Belknap Indian 
     Community.
       (5) Effective date.--The agreement under subsection (c) and 
     a decision of the Secretary under this subsection--
       (A) shall be effective immediately; and
       (B) may not be modified absent--
       (i) the approval of the Secretary; and
       (ii) the consent of the Tribe and the Fort Belknap Indian 
     Community.
       (f) Use of Funds.--The Secretary shall distribute equally 
     the funds made available under section 9018(a)(2)(C)(ii) to 
     the Tribe and the Fort Belknap Indian Community to use to 
     reach an agreement under this section, including for 
     technical analyses and legal and other related efforts.

     SEC. 9006. WATER DELIVERY THROUGH MILK RIVER PROJECT.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary, acting through the 
     Commissioner of Reclamation, shall carry out the activities 
     authorized under this section with respect to the St. Mary 
     River water right.
       (b) Treatment.--Notwithstanding article IV.D.4 of the 
     Compact, any responsibility of the United States with respect 
     to the St. Mary River water right shall be limited to, and 
     fulfilled pursuant to--
       (1) subsection (c) of this section; and
       (2) subsection (b)(3) of section 9016 and subsection 
     (a)(1)(C) of section 9018.
       (c) Water Delivery Contract.--
       (1) In general.--Not later than 180 days after the 
     enforceability date, the Secretary shall enter into a water 
     delivery contract with the Tribe for the delivery of not 
     greater than 5,000 acre-feet per year of the St. Mary River 
     water right through Milk River Project facilities to the 
     Tribe or another entity specified by the Tribe.
       (2) Terms and conditions.--The contract under paragraph (1) 
     shall establish the terms and conditions for the water 
     deliveries described in paragraph (1) in accordance with the 
     Compact and this title.
       (3) Requirements.--The water delivery contract under 
     paragraph (1) shall include provisions requiring that--
       (A) the contract shall be without limit as to term;

[[Page S5855]]

       (B) the Tribe, and not the United States, shall collect, 
     and shall be entitled to, all consideration due to the Tribe 
     under any lease, contract, or agreement entered into by the 
     Tribe pursuant to subsection (f);
       (C) the United States shall have no obligation to monitor, 
     administer, or account for--
       (i) any funds received by the Tribe as consideration under 
     any lease, contract, or agreement entered into by the Tribe 
     pursuant to subsection (f); or
       (ii) the expenditure of such funds;
       (D) if water deliveries under the contract are interrupted 
     for an extended period of time because of damage to, or a 
     reduction in the capacity of, St. Mary Unit facilities, the 
     rights of the Tribe shall be treated in the same manner as 
     the rights of other contractors receiving water deliveries 
     through the Milk River Project with respect to the water 
     delivered under this section;
       (E) deliveries of water under this section shall be--
       (i) limited to not greater than 5,000 acre-feet of water in 
     any 1 year;
       (ii) consistent with operations of the Milk River Project 
     and without additional costs to the Bureau of Reclamation, 
     including operation, maintenance, and replacement costs; and
       (iii) without additional cost to the Milk River Project 
     water users; and
       (F) the Tribe shall be required to pay OM&R for water 
     delivered under this section.
       (d) Shortage Sharing or Reduction.--
       (1) In general.--The 5,000 acre-feet per year of water 
     delivered under paragraph (3)(E)(i) of subsection (c) shall 
     not be subject to shortage sharing or reduction, except as 
     provided in paragraph (3)(D) of that subsection.
       (2) No injury to milk river project water users.--
     Notwithstanding article IV.D.4 of the Compact, any reduction 
     in the Milk River Project water supply caused by the delivery 
     of water under subsection (c) shall not constitute injury to 
     Milk River Project water users.
       (e) Subsequent Contracts.--
       (1) In general.--As part of the studies authorized by 
     section 9007(c)(1), the Secretary, acting through the 
     Commissioner of Reclamation, and in cooperation with the 
     Tribe, shall identify alternatives to provide to the Tribe 
     water from the St. Mary River water right in quantities 
     greater than the 5,000 acre-feet per year of water described 
     in subsection (c)(3)(E)(i).
       (2) Contract for water delivery.--If the Secretary 
     determines under paragraph (1) that more than 5,000 acre-feet 
     per year of the St. Mary River water right can be delivered 
     to the Tribe, the Secretary shall offer to enter into 1 or 
     more contracts with the Tribe for the delivery of that water, 
     subject to the requirements of subsection (c)(3), except 
     subsection (c)(3)(E)(i), and this subsection.
       (3) Treatment.--Any delivery of water under this subsection 
     shall be subject to reduction in the same manner as for Milk 
     River Project contract holders.
       (f) Subcontracts.--
       (1) In general.--The Tribe may enter into any subcontract 
     for the delivery of water under this section to a third 
     party, in accordance with section 9015(e).
       (2) Compliance with other law.--All subcontracts described 
     in paragraph (1) shall comply with--
       (A) this title;
       (B) the Compact;
       (C) the tribal water code; and
       (D) other applicable law.
       (3) No liability.--The Secretary shall not be liable to any 
     party, including the Tribe, for any term of, or any loss or 
     other detriment resulting from, a lease, contract, or other 
     agreement entered into pursuant to this subsection.
       (g) Effect of Provisions.--Nothing in this section--
       (1) precludes the Tribe from taking the water described in 
     subsection (c)(3)(E)(i), or any additional water provided 
     under subsection (e), from the direct flow of the St. Mary 
     River; or
       (2) modifies the quantity of the Tribal water rights 
     described in article III.G.1 of the Compact.
       (h) Other Rights.--Notwithstanding the requirements of 
     article III.G.1.d of the Compact, after satisfaction of all 
     water rights under State law for use of St. Mary River water, 
     including the Milk River Project water rights, the Tribe 
     shall have the right to the remaining portion of the share of 
     the United States in the St. Mary River under the 
     International Boundary Waters Treaty of 1909 (36 Stat. 2448) 
     for any tribally authorized use or need consistent with this 
     title.

     SEC. 9007. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER 
                   MANAGEMENT.

       (a) Milk River Project Purposes.--The purposes of the Milk 
     River Project shall include--
       (1) irrigation;
       (2) flood control;
       (3) the protection of fish and wildlife;
       (4) recreation;
       (5) the provision of municipal, rural, and industrial water 
     supply; and
       (6) hydroelectric power generation.
       (b) Use of Milk River Project Facilities for the Benefit of 
     Tribe.--The use of Milk River Project facilities to transport 
     water for the Tribe pursuant to subsections (c) and (e) of 
     section 9006, together with any use by the Tribe of that 
     water in accordance with this title--
       (1) shall be considered to be an authorized purpose of the 
     Milk River Project; and
       (2) shall not change the priority date of any Tribal water 
     rights.
       (c) St. Mary River Studies.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary, in cooperation with the Tribe 
     and the State, shall conduct--
       (A) an appraisal study--
       (i) to develop a plan for the management and development of 
     water supplies in the St. Mary River Basin and Milk River 
     Basin, including the St. Mary River and Milk River water 
     supplies for the Tribe and the Milk River water supplies for 
     the Fort Belknap Indian Community; and
       (ii) to identify alternatives to develop additional water 
     of the St. Mary River for the Tribe; and
       (B) a feasibility study--
       (i) using the information resulting from the appraisal 
     study conducted under paragraph (1) and such other 
     information as is relevant, to evaluate the feasibility of--

       (I) alternatives for the rehabilitation of the St. Mary 
     Diversion Dam and Canal; and
       (II) increased storage in Fresno Dam and Reservoir; and

       (ii) to create a cost allocation study that is based on the 
     authorized purposes described in subsections (a) and (b).
       (2) Cooperative agreement.--On request of the Tribe, the 
     Secretary shall enter into a cooperative agreement with the 
     Tribe with respect to the portion of the appraisal study 
     described in paragraph (1)(A).
       (3) Costs nonreimbursable.--The cost of the studies under 
     this subsection shall not be--
       (A) considered to be a cost of the Milk River Project; or
       (B) reimbursable in accordance with the reclamation laws.
       (d) Swiftcurrent Creek Bank Stabilization.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary, acting through the 
     Commissioner of Reclamation, shall carry out appropriate 
     activities concerning the Swiftcurrent Creek Bank 
     Stabilization Project, including--
       (A) a review of the final project design; and
       (B) value engineering analyses.
       (2) Modification of final design.--Prior to beginning 
     construction activities for the Swiftcurrent Creek Bank 
     Stabilization Project, on the basis of the review conducted 
     under paragraph (1), the Secretary shall negotiate with the 
     Tribe appropriate changes, if any, to the final design--
       (A) to ensure compliance with applicable industry 
     standards;
       (B) to improve the cost-effectiveness of the Swiftcurrent 
     Creek Bank Stabilization Project; and
       (C) to ensure that the Swiftcurrent Creek Bank 
     Stabilization Project may be constructed using only the 
     amounts made available under section 9018.
       (3) Applicability of isdeaa.--At the request of the Tribe, 
     and in accordance with the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5301 et seq.), the 
     Secretary shall enter into 1 or more agreements with the 
     Tribe to carry out the Swiftcurrent Bank Stabilization 
     Project.
       (e) Administration.--The Commissioner of Reclamation and 
     the Tribe shall negotiate the cost of any oversight activity 
     carried out by the Bureau of Reclamation under any agreement 
     entered into under this section, subject to the condition 
     that the total cost for the oversight shall not exceed 4 
     percent of the total costs incurred under this section.
       (f) Milk River Project Rights-of-Way and Easements.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Tribe shall grant the United States a right-of-way on 
     Reservation land owned by the Tribe for all uses by the Milk 
     River Project (permissive or otherwise) in existence as of 
     December 31, 2015, including all facilities, flowage 
     easements, and access easements necessary for the operation 
     and maintenance of the Milk River Project.
       (2) Agreement regarding existing uses.--The Tribe and the 
     Secretary shall enter into an agreement for a process to 
     determine the location, nature, and extent of the existing 
     uses referenced in this subsection. The agreement shall 
     require that--
       (A) a panel of 3 individuals determine the location, 
     nature, and extent of existing uses necessary for the 
     operation and maintenance of the Milk River Project (the 
     ``Panel Determination''), with the Tribe appointing 1 
     representative of the Tribe, the Secretary appointing 1 
     representative of the Secretary, and those 2 representatives 
     jointly appointing a third individual;
       (B) if the Panel Determination is unanimous, the Tribe 
     grant a right-of-way to the United States for the existing 
     uses identified in the Panel Determination in accordance with 
     applicable law without additional compensation;
       (C) if the Panel Determination is not unanimous--
       (i) the Secretary adopt the Panel Determination with any 
     amendments the Secretary reasonably determines necessary to 
     correct any clear error (the ``Interior Determination''), 
     provided that if any portion of the Panel Determination is 
     unanimous, the Secretary will not amend that portion; and
       (ii) the Tribe grant a right-of-way to the United States 
     for the existing uses identified in the Interior 
     Determination in accordance with applicable law without 
     additional compensation, with the agreement providing for

[[Page S5856]]

     the timing of the grant to take into consideration the 
     possibility of review under paragraph (5).
       (3) Effect.--Determinations made under this subsection--
       (A) do not address title as between the United States and 
     the Tribe; and
       (B) do not apply to any new use of Reservation land by the 
     United States for the Milk River Project after December 31, 
     2015.
       (4) Interior determination as final agency action.--Any 
     determination by the Secretary under paragraph (2)(C) shall 
     be considered to be a final agency action for purposes of 
     review under chapter 7 of title 5, United States Code.
       (5) Judicial review.--An action for judicial review 
     pursuant to this section shall be brought by not later than 
     the date that is 1 year after the date of notification of the 
     Interior Determination.
       (g) Funding.--The total amount of obligations incurred by 
     the Secretary shall not exceed--
       (1) $3,800,000 to carry out subsection (c);
       (2) $20,700,000 to carry out subsection (d); and
       (3) $3,100,000 to carry out subsection (f).

     SEC. 9008. ST. MARY CANAL HYDROELECTRIC POWER GENERATION.

       (a) Bureau of Reclamation Jurisdiction.--Effective 
     beginning on the date of enactment of this title, the 
     Commissioner of Reclamation shall have exclusive jurisdiction 
     to authorize the development of hydropower on the St. Mary 
     Unit.
       (b) Rights of Tribe.--
       (1) Exclusive right of tribe.--Subject to paragraph (2) and 
     notwithstanding any other provision of law, the Tribe shall 
     have the exclusive right to develop and market hydroelectric 
     power of the St. Mary Unit.
       (2) Limitations.--The exclusive right described in 
     paragraph (1)--
       (A) shall expire on the date that is 15 years after the 
     date of enactment of an Act appropriating funds for 
     rehabilitation of the St. Mary Unit; but
       (B) may be extended by the Secretary at the request of the 
     Tribe.
       (3) OM&R costs.--Effective beginning on the date that is 10 
     years after the date on which the Tribe begins marketing 
     hydroelectric power generated from the St. Mary Unit to any 
     third party, the Tribe shall make annual payments for 
     operation, maintenance, and replacement costs attributable to 
     the direct use of any facilities by the Tribe for 
     hydroelectric power generation, in amounts determined in 
     accordance with the guidelines and methods of the Bureau of 
     Reclamation for assessing operation, maintenance, and 
     replacement charges.
       (c) Bureau of Reclamation Cooperation.--The Commissioner of 
     Reclamation shall cooperate with the Tribe in the development 
     of any hydroelectric power generation project under this 
     section.
       (d) Agreement.--Before construction of a hydroelectric 
     power generation project under this section, the Tribe shall 
     enter into an agreement with the Commissioner of Reclamation 
     that includes provisions--
       (1) requiring that--
       (A) the design, construction, and operation of the project 
     shall be consistent with the Bureau of Reclamation guidelines 
     and methods for hydroelectric power development at Bureau 
     facilities, as appropriate; and
       (B) the hydroelectric power generation project will not 
     impair the efficiencies of the Milk River Project for 
     authorized purposes;
       (2) regarding construction and operating criteria and 
     emergency procedures; and
       (3) under which any modification proposed by the Tribe to a 
     facility owned by the Bureau of Reclamation shall be subject 
     to review and approval by the Secretary, acting through the 
     Commissioner of Reclamation.
       (e) Use of Hydroelectric Power by Tribe.--Any hydroelectric 
     power generated in accordance with this section shall be used 
     or marketed by the Tribe.
       (f) Revenues.--The Tribe shall collect and retain any 
     revenues from the sale of hydroelectric power generated by a 
     project under this section.
       (g) Liability of United States.--The United States shall 
     have no obligation to monitor, administer, or account for--
       (1) any revenues received by the Tribe under this section; 
     or
       (2) the expenditure of those revenues.
       (h) Preference.--During any period for which the exclusive 
     right of the Tribe described in subsection (b)(1) is not in 
     effect, the Tribe shall have a preference to develop 
     hydropower on the St. Mary Unit facilities, in accordance 
     with Bureau of Reclamation guidelines and methods for 
     hydroelectric power development at Bureau facilities.

     SEC. 9009. STORAGE ALLOCATION FROM LAKE ELWELL.

       (a)(1) Storage Allocation to Tribe.--The Secretary shall 
     allocate to the Tribe 45,000 acre-feet per year of water 
     stored in Lake Elwell for use by the Tribe 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, as measured at the outlet works of Tiber Dam or 
     through direct pumping from Lake Elwell.
       (2) Reduction.--Up to 10,000 acre-feet per year of water 
     allocated to the Tribe pursuant to paragraph (1) will be 
     subject to an acre-foot for acre-foot reduction if depletions 
     from the Tribal water rights above Lake Elwell exceed 88,000 
     acre-feet per year of water because of New Development (as 
     defined in article II.37 of the Compact).
       (b) Treatment.--
       (1) In general.--The allocation to the Tribe 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 Tribe under subsection (a) shall be the priority date of 
     the Lake Elwell water right held by the Bureau of 
     Reclamation.
       (3) Administration.--The Tribe shall administer the water 
     allocated under subsection (a) in accordance with the Compact 
     and this title.
       (c) Allocation Agreement.--
       (1) In general.--As a condition of receiving an allocation 
     under this section, the Tribe shall enter into an agreement 
     with the Secretary to establish the terms and conditions of 
     the allocation, in accordance with the Compact and this 
     title.
       (2) Inclusions.--The agreement under paragraph (1) shall 
     include provisions establishing that--
       (A) the agreement shall be without limit as to term;
       (B) the Tribe, and not the United States, shall be entitled 
     to all consideration due to the Tribe under any lease, 
     contract, or agreement entered into by the Tribe pursuant to 
     subsection (d);
       (C) the United States shall have no obligation to monitor, 
     administer, or account for--
       (i) any funds received by the Tribe as consideration under 
     any lease, contract, or agreement entered into by the Tribe 
     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 
     Tribe shall have the same 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 Tribe shall 
     be nonreimbursable;
       (F) no water service capital charge shall be due or payable 
     for any water allocated to the Tribe pursuant to this section 
     or the allocation agreement, regardless of whether that water 
     is delivered for use by the Tribe or under a lease, contract, 
     or by agreement entered into by the Tribe pursuant to 
     subsection (d);
       (G) the Tribe shall not be required to make payments to the 
     United States for any water allocated to the Tribe under this 
     title or the allocation agreement, except for each acre-foot 
     of stored water leased or transferred for industrial purposes 
     as described in subparagraph (H);
       (H) for each acre-foot of stored water leased or 
     transferred by the Tribe for industrial purposes--
       (i) the Tribe shall pay annually to the United States an 
     amount necessary to cover the proportional share of the 
     annual operation, maintenance, and replacement costs 
     allocable to the quantity of water leased or transferred by 
     the Tribe for industrial purposes; and
       (ii) the annual payments of the Tribe shall be reviewed and 
     adjusted, as appropriate, to reflect the actual operation, 
     maintenance, and replacement costs for Tiber Dam; and
       (I) the adjustment process identified in subsection (a)(2) 
     will be based on specific enumerated provisions.
       (d) Agreements by Tribe.--The Tribe may use, lease, 
     contract, exchange, or enter into other agreements for use of 
     the water allocated to the Tribe 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 portion 
     of the water allocated to the Tribe under subsection (a).
       (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. 9010. IRRIGATION ACTIVITIES.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary, acting through the 
     Commissioner of Reclamation and in accordance with subsection 
     (c), shall carry out the following actions relating to the 
     Blackfeet Irrigation Project:
       (1) Deferred maintenance.
       (2) Dam safety improvements for Four Horns Dam.
       (3) Rehabilitation and enhancement of the Four Horns Feeder 
     Canal, Dam, and Reservoir.
       (b) Lead Agency.--The Bureau of Reclamation shall serve as 
     the lead agency with respect to any activities carried out 
     under this section.
       (c) Scope of Deferred Maintenance Activities and Four Horns 
     Dam Safety Improvements.--
       (1) In general.--Subject to the conditions described in 
     paragraph (2), the scope of the deferred maintenance 
     activities and Four Horns Dam safety improvements shall be as 
     generally described in--
       (A) the document entitled ``Engineering Evaluation and 
     Condition Assessment, Blackfeet Irrigation Project'', 
     prepared by DOWL HKM, and dated August 2007; and
       (B) the provisions relating to Four Horns Rehabilitated Dam 
     of the document entitled ``Four Horns Dam Enlarged Appraisal 
     Evaluation Design Report'', prepared by DOWL HKM, and dated 
     April 2007.

[[Page S5857]]

       (2) Conditions.--The conditions referred to in paragraph 
     (1) are that, before commencing construction activities, the 
     Secretary shall--
       (A) review the design of the proposed rehabilitation or 
     improvement;
       (B) perform value engineering analyses;
       (C) perform appropriate Federal environmental compliance 
     activities; and
       (D) ensure that the deferred maintenance activities and dam 
     safety improvements may be constructed using only the amounts 
     made available under section 9018.
       (d) Scope of Rehabilitation and Enhancement of Four Horns 
     Feeder Canal, Dam, and Reservoir.--
       (1) In general.--The scope of the rehabilitation and 
     improvements shall be as generally described in the document 
     entitled ``Four Horns Feeder Canal Rehabilitation with 
     Export'', prepared by DOWL HKM, and dated April 2013, subject 
     to the condition that, before commencing construction 
     activities, the Secretary shall--
       (A) review the design of the proposed rehabilitation or 
     improvement;
       (B) perform value engineering analyses;
       (C) perform appropriate Federal environmental compliance 
     activities; and
       (D) ensure that the rehabilitation and improvements may be 
     constructed using only the amounts made available under 
     section 9018.
       (2) Inclusions.--The activities carried out by the 
     Secretary under this subsection shall include--
       (A) the rehabilitation or improvement of the Four Horns 
     feeder canal system to a capacity of not fewer than 360 cubic 
     feet per second;
       (B) the rehabilitation or improvement of the outlet works 
     of Four Horns Dam and Reservoir to deliver not less than 
     15,000 acre-feet of water per year, in accordance with 
     subparagraph (C); and
       (C) construction of facilities to deliver not less than 
     15,000 acre-feet of water per year from Four Horns Dam and 
     Reservoir, to a point on or near Birch Creek to be designated 
     by the Tribe and the State for delivery of water to the water 
     delivery system of the Pondera County Canal and Reservoir 
     Company on Birch Creek, in accordance with the Birch Creek 
     Agreement.
       (3) Negotiation with tribe.--On the basis of the review 
     described in paragraph (1)(A), the Secretary shall negotiate 
     with the Tribe appropriate changes to the final design of any 
     activity under this subsection to ensure that the final 
     design meets applicable industry standards.
       (e) Funding.--The total amount of obligations incurred by 
     the Secretary in carrying out this section shall not exceed 
     $54,900,000, of which--
       (1) $40,900,000 shall be allocated to carry out the 
     activities described in subsection (c); and
       (2) $14,000,000 shall be allocated to carry out the 
     activities described in subsection (d)(2).
       (f) Nonreimbursability of Costs.--All costs incurred by the 
     Secretary in carrying out this section shall be 
     nonreimbursable.
       (g) Non-Federal Contribution.--No part of the project under 
     subsection (d) shall be commenced until the State has made 
     available $20,000,000 to carry out the activities described 
     in subsection (d)(2).
       (h) Administration.--The Commissioner of Reclamation and 
     the Tribe shall negotiate the cost of any oversight activity 
     carried out by the Bureau of Reclamation under any agreement 
     entered into under subsection (m), subject to the condition 
     that the total cost for the oversight shall not exceed 4 
     percent of the total project costs for each project.
       (i) Project Efficiencies.--If the total cost of planning, 
     design, and construction activities relating to the projects 
     described in this section results in cost savings and is less 
     than the amounts authorized to be obligated, the Secretary, 
     at the request of the Tribe, may--
       (1) use those cost savings to carry out a project described 
     in section 9007(d), 9011, 9012, or 9013; or
       (2) deposit those cost savings to the Blackfeet OM&R Trust 
     Account.
       (j) Ownership by Tribe of Birch Creek Delivery 
     Facilities.--Notwithstanding any other provision of law, the 
     Secretary shall transfer to the Tribe, at no cost, title in 
     and to the facilities constructed under subsection (d)(2)(C).
       (k) Ownership, Operation, and Maintenance.--On transfer to 
     the Tribe of title under subsection (j), the Tribe shall--
       (1) be responsible for OM&R in accordance with the Birch 
     Creek Agreement; and
       (2) enter into an agreement with the Bureau of Indian 
     Affairs regarding the operation of the facilities described 
     in that subsection.
       (l) Liability of United States.--The United States shall 
     have no obligation or responsibility with respect the 
     facilities described in subsection (d)(2)(C).
       (m) Applicability of ISDEAA.--At the request of the Tribe, 
     and in accordance with the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5301 et seq.), the 
     Secretary shall enter into 1 or more agreements with the 
     Tribe to carry out this section.
       (n) Effect.--Nothing in this section--
       (1) alters any applicable law (including regulations) under 
     which the Bureau of Indian Affairs collects assessments or 
     carries out Blackfeet Irrigation Project OM&R or
       (2) impacts the availability of amounts made available 
     under subsection (a)(1)(B) of section 9018.

     SEC. 9011. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary, acting through the 
     Commissioner of Reclamation, shall plan, design, and 
     construct the water diversion and delivery features of the 
     MR&I System in accordance with 1 or more agreements between 
     the Secretary and the Tribe.
       (b) Lead Agency.--The Bureau of Reclamation shall serve as 
     the lead agency with respect to any activity to design and 
     construct the water diversion and delivery features of the 
     MR&I System.
       (c) Scope.--
       (1) In general.--The scope of the design and construction 
     under this section shall be as generally described in the 
     document entitled ``Blackfeet Regional Water System'', 
     prepared by DOWL HKM, dated June 2010, and modified by DOWL 
     HKM in the addendum to the report dated March 2013, subject 
     to the condition that, before commencing final design and 
     construction activities, the Secretary shall--
       (A) review the design of the proposed rehabilitation and 
     construction;
       (B) perform value engineering analyses; and
       (C) perform appropriate Federal compliance activities.
       (2) Negotiation with tribe.--On the basis of the review 
     described in paragraph (1)(A), the Secretary shall negotiate 
     with the Tribe appropriate changes, if any, to the final 
     design--
       (A) to ensure that the final design meets applicable 
     industry standards;
       (B) to improve the cost-effectiveness of the delivery of 
     MR&I System water; and
       (C) to ensure that the MR&I System may be constructed using 
     only the amounts made available under section 9018.
       (d) Nonreimbursability of Costs.--All costs incurred by the 
     Secretary in carrying out this section shall be 
     nonreimbursable.
       (e) Funding.--The total amount of obligations incurred by 
     the Secretary in carrying out this section shall not exceed 
     $76,200,000.
       (f) Non-Federal Contribution.--
       (1) Consultation.--Before completion of the final design of 
     the MR&I System required by subsection (c), the Secretary 
     shall consult with the Tribe, the State, and other affected 
     non-Federal parties to discuss the possibility of receiving 
     non-Federal contributions for the cost of the MR&I System.
       (2) Negotiations.--If, based on the extent to which non-
     Federal parties are expected to use the MR&I System, a non-
     Federal contribution to the MR&I System is determined by the 
     parties described in paragraph (1) to be appropriate, the 
     Secretary shall initiate negotiations for an agreement 
     regarding the means by which the contributions shall be 
     provided.
       (g) Ownership by Tribe.--Title to the MR&I System and all 
     facilities rehabilitated or constructed under this section 
     shall be held by the Tribe.
       (h) Administration.--The Commissioner of Reclamation and 
     the Tribe shall negotiate the cost of any oversight activity 
     carried out by the Bureau of Reclamation under any agreement 
     entered into under this section, subject to the condition 
     that the total cost for the oversight shall not exceed 4 
     percent of the total costs incurred under this section.
       (i) OM&R Costs.--The Federal Government shall have no 
     obligation to pay for the operation, maintenance, or 
     replacement costs for any facility rehabilitated or 
     constructed under this section.
       (j) Project Efficiencies.--If the total cost of planning, 
     design, and construction activities relating to the projects 
     described in this section results in cost savings and is less 
     than the amounts authorized to be obligated, the Secretary, 
     at the request of the Tribe, may--
       (1) use those cost savings to carry out a project described 
     in section 9007(d), 9010, 9011(a), 9012, or 9013; or
       (2) deposit those cost savings to the Blackfeet OM&R Trust 
     Account.
       (k) Applicability of ISDEAA.--At the request of the Tribe, 
     and in accordance with the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5301 et seq.), the 
     Secretary shall enter into 1 or more agreements with the 
     Tribe to carry out this section.

     SEC. 9012. DESIGN AND CONSTRUCTION OF WATER STORAGE AND 
                   IRRIGATION FACILITIES.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary, acting through the 
     Commissioner of Reclamation, shall plan, design, and 
     construct 1 or more facilities to store water and support 
     irrigation on the Reservation in accordance with 1 or more 
     agreements between the Secretary and the Tribe.
       (b) Lead Agency.--The Bureau of Reclamation shall serve as 
     the lead agency with respect to any activity to design and 
     construct the irrigation development and water storage 
     facilities described in subsection (c).
       (c) Scope.--
       (1) In general.--The scope of the design and construction 
     under this section shall be as generally described in the 
     document entitled ``Blackfeet Water Storage, Development, and 
     Project Report'', prepared by DOWL HKM, and dated March 13, 
     2013, as modified and agreed to by the Secretary and the 
     Tribe, subject to the condition that, before commencing final 
     design and construction activities, the Secretary shall--
       (A) review the design of the proposed construction;

[[Page S5858]]

       (B) perform value engineering analyses; and
       (C) perform appropriate Federal compliance activities.
       (2) Modification.--The Secretary may modify the scope of 
     construction for the projects described in the document 
     referred to in paragraph (1), if--
       (A) the modified project is--
       (i) similar in purpose to the proposed projects; and
       (ii) consistent with the purposes of this title; and
       (B) the Secretary has consulted with the Tribe regarding 
     any modification.
       (3) Negotiation with tribe.--On the basis of the review 
     described in paragraph (1)(A), the Secretary shall negotiate 
     with the Tribe appropriate changes, if any, to the final 
     design--
       (A) to ensure that the final design meets applicable 
     industry standards;
       (B) to improve the cost-effectiveness of any construction; 
     and
       (C) to ensure that the projects may be constructed using 
     only the amounts made available under section 9018.
       (d) Nonreimbursability of Costs.--All costs incurred by the 
     Secretary in carrying out this section shall be 
     nonreimbursable.
       (e) Funding.--The total amount of obligations incurred by 
     the Secretary in carrying out this section shall not exceed 
     $87,300,000.
       (f) Ownership by Tribe.--Title to all facilities 
     rehabilitated or constructed under this section shall be held 
     by the Tribe, except that title to the Birch Creek Unit of 
     the Blackfeet Indian Irrigation Project shall remain with the 
     Bureau of Indian Affairs.
       (g) Administration.--The Commissioner of Reclamation and 
     the Tribe shall negotiate the cost of any oversight activity 
     carried out by the Bureau of Reclamation under any agreement 
     entered into under this section, subject to the condition 
     that the total cost for the oversight shall not exceed 4 
     percent of the total costs incurred under this section.
       (h) OM&R Costs.--The Federal Government shall have no 
     obligation to pay for the operation, maintenance, or 
     replacement costs for the facilities rehabilitated or 
     constructed under this section.
       (i) Project Efficiencies.--If the total cost of planning, 
     design, and construction activities relating to the projects 
     described in this section results in cost savings and is less 
     than the amounts authorized to be obligated, the Secretary, 
     at the request of the Tribe, may--
       (1) use those cost savings to carry out a project described 
     in section 9007(d), 9010, 9011, or 9013; or
       (2) deposit those cost savings to the Blackfeet OM&R Trust 
     Account.
       (j) Applicability of ISDEAA.--At the request of the Tribe, 
     and in accordance with the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5301 et seq.), the 
     Secretary shall enter into 1 or more agreements with the 
     Tribe to carry out this section.

     SEC. 9013. BLACKFEET WATER, STORAGE, AND DEVELOPMENT 
                   PROJECTS.

       (a) In General.--
       (1) Scope.--The scope of the construction under this 
     section shall be as generally described in the document 
     entitled ``Blackfeet Water Storage, Development, and Project 
     Report'', prepared by DOWL HKM, and dated March 13, 2013, as 
     modified and agreed to by the Secretary and the Tribe.
       (2) Modification.--The Tribe may modify the scope of the 
     projects described in the document referred to in paragraph 
     (1) if--
       (A) the modified project is--
       (i) similar to the proposed project; and
       (ii) consistent with the purposes of this title; and
       (B) the modification is approved by the Secretary.
       (b) Nonreimbursability of Costs.--All costs incurred by the 
     Secretary in carrying out this section shall be 
     nonreimbursable.
       (c) Funding.--The total amount of obligations incurred by 
     the Secretary in carrying out this section shall not exceed 
     $91,000,000.
       (d) OM&R Costs.--The Federal Government shall have no 
     obligation to pay for the operation, maintenance, or 
     replacement costs for the facilities rehabilitated or 
     constructed under this section.
       (e) Ownership by Tribe.--Title to any facility constructed 
     under this section shall be held by the Tribe.

     SEC. 9014. EASEMENTS AND RIGHTS-OF-WAY.

       (a) Tribal Easements and Rights-of-Way.--
       (1) In general.--On request of the Secretary, the Tribe 
     shall grant, at no cost to the United States, such easements 
     and rights-of-way over tribal land as are necessary for the 
     construction of the projects authorized by sections 9010 and 
     9011.
       (2) Jurisdiction.--An easement or right-of-way granted by 
     the Tribe pursuant to paragraph (1) shall not affect in any 
     respect the civil or criminal jurisdiction of the Tribe over 
     the easement or right-of-way.
       (b) Landowner Easements and Rights-of-Way.--In partial 
     consideration for the construction activities authorized by 
     section 9011, and as a condition of receiving service from 
     the MR&I System, a landowner shall grant, at no cost to the 
     United States or the Tribe, such easements and rights-of-way 
     over the land of the landowner as may be necessary for the 
     construction of the MR&I System.
       (c) Land Acquired by United States or Tribe.--Any land 
     acquired within the boundaries of the Reservation by the 
     United States on behalf of the Tribe, or by the Tribe on 
     behalf of the Tribe, in connection with achieving the 
     purposes of this title shall be held in trust by the United 
     States for the benefit of the Tribe.

     SEC. 9015. 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 
     title.
       (3) Conflict.--In the event of a conflict between the 
     Compact and this title, the provisions of this title 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 title, taking into 
     consideration--
       (1) the potential risks, cost, and time delay associated 
     with litigation that would be resolved by the Compact and 
     this title;
       (2) the availability of funding under this title 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 (25 U.S.C. 381), and this title 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 Tribe and the allottees in accordance with 
     this title; and
       (2) shall not be subject to forfeiture or abandonment.
       (d) Allottees.--
       (1) Applicability of act of february 8, 1887.--The 
     provisions of section 7 of the Act of February 8, 1887 (25 
     U.S.C. 381), relating to the use of water for irrigation 
     purposes shall apply to the Tribal water 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 (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 (25 U.S.C. 381), or 
     other applicable law.
       (5) Authority of secretary.--The Secretary shall have the 
     authority to protect the rights of allottees in accordance 
     with this section.
       (e) Authority of Tribe.--
       (1) In general.--The Tribe shall have the authority to 
     allocate, distribute, and lease the Tribal water rights for 
     any use on the Reservation in accordance with the Compact, 
     this title, and applicable Federal law.
       (2) Off-reservation use.--The Tribe may allocate, 
     distribute, and lease the Tribal water rights for off-
     Reservation use in accordance with the Compact, subject to 
     the approval of the Secretary.
       (3) Land leases by allottees.--Notwithstanding paragraph 
     (1), an allottee may lease any interest in land held by the 
     allottee, together with any water right determined to be 
     appurtenant to the interest in land, in accordance with the 
     tribal water code.
       (f) Tribal Water Code.--
       (1) In general.--Notwithstanding article IV.C.1 of the 
     Compact, not later than 4 years after the date on which the 
     Tribe ratifies the Compact in accordance with this title, the 
     Tribe 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 title; and
       (B) establishment by the Tribe of conditions, permit 
     requirements, and other requirements for the allocation, 
     distribution, or use of the Tribal water rights in accordance 
     with the Compact and this title.
       (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 
     Tribe provide water for irrigation use in accordance with 
     this title, including the provision of water under any 
     allottee lease under section 4 of the Act of June 25, 1910 
     (25 U.S.C. 403);
       (C) a due process system for the consideration and 
     determination by the Tribe of any request by 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; 
     and
       (D) a requirement that any allottee asserting a claim 
     relating to the enforcement of rights of the allottee under 
     the tribal water code, or to the quantity of water allocated 
     to

[[Page S5859]]

     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).
       (3) Action by secretary.--
       (A) In general.--During the period beginning on the date of 
     enactment of this title 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 this title.
       (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 not later than 180 days after the date on which the 
     tribal water code or amendment is submitted to the Secretary.
       (ii) Extension.--The deadline described in clause (i) may 
     be extended by the Secretary after consultation with the 
     Tribe.
       (g) Administration.--
       (1) No alienation.--The Tribe shall not permanently 
     alienate any portion of the Tribal water rights.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this title for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this title shall be considered to satisfy any 
     requirement for authorization of the action by treaty or 
     convention imposed by section 2116 of the Revised Statutes 
     (25 U.S.C. 177).
       (3) Prohibition on forfeiture.--The non-use of all or any 
     portion of the Tribal water rights by a lessee or contractor 
     shall not result in the forfeiture, abandonment, 
     relinquishment, or other loss of all or any portion of the 
     Tribal water rights.
       (h) Effect.--Except as otherwise expressly provided in this 
     section, nothing in this title--
       (1) authorizes any action by an allottee against any 
     individual or entity, or against the Tribe, under Federal, 
     State, tribal, or local law; or
       (2) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.

     SEC. 9016. BLACKFEET SETTLEMENT TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a trust fund, to be known as the 
     ``Blackfeet Settlement Trust Fund'' (referred to in this 
     section as the ``Trust Fund''), to be managed, invested, and 
     distributed by the Secretary and to remain available until 
     expended.
       (b) Accounts.--The Secretary shall establish in the Trust 
     Fund the following accounts:
       (1) The Administration and Energy Account.
       (2) The OM&R Account.
       (3) The St. Mary Account.
       (4) The Blackfeet Water, Storage, and Development Projects 
     Account.
       (c) Deposits.--The Secretary shall deposit in the Trust 
     Fund--
       (1) in the Administration and Energy Account, the amount 
     made available pursuant to section 9018(a)(1)(A);
       (2) in the OM&R Account, the amount made available pursuant 
     to section 9018(a)(1)(B);
       (3) in the St. Mary Account, the amount made available 
     pursuant to section 9018(a)(1)(C); and
       (4) in the Blackfeet Water, Storage, and Development 
     Projects Account, the amount made available pursuant to 
     section 9018(a)(1)(D).
       (d) Interest.--.In addition to the deposits under 
     subsection (c), any interest credited to amounts unexpended 
     in the Trust Fund are authorized to be appropriated to be 
     used in accordance with the uses described in subsection (i).
       (e) Management.--The Secretary shall manage, invest, and 
     distribute all amounts in the Trust Fund in a manner that is 
     consistent with the investment authority of the Secretary 
     under--
       (1) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (2) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (3) this section.
       (f) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     the Trust Fund, including any investment earnings, shall be 
     made available to the Tribe by the Secretary beginning on the 
     enforceability date.
       (2) Funding for tribal implementation activities.--
     Notwithstanding paragraph (1), on approval pursuant to this 
     title and the Compact by a referendum vote of a majority of 
     votes cast by members of the Tribe on the day of the vote, as 
     certified by the Secretary and the Tribe and subject to the 
     availability of appropriations, of the amounts in the 
     Administration and Energy Account, $4,800,000 shall be made 
     available to the Tribe for the implementation of this title.
       (g) Withdrawals Under AIFRMRA.--
       (1) In general.--The Tribe may withdraw any portion of the 
     funds in the Trust Fund on approval by the Secretary of a 
     tribal management plan submitted by the Tribe in accordance 
     with the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.).
       (2) Requirements.--
       (A) In general.--In addition to the requirements under the 
     American Indian Trust Fund Management Reform Act of 1994 (25 
     U.S.C. 4001 et seq.), the tribal management plan under 
     paragraph (1) shall require that the Tribe shall spend all 
     amounts withdrawn from the Trust Fund in accordance with this 
     title.
       (B) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce the tribal management plan to ensure 
     that amounts withdrawn by the Tribe from the Trust Fund under 
     this subsection are used in accordance with this title.
       (h) Withdrawals Under Expenditure Plan.--
       (1) In general.--The Tribe may submit to the Secretary a 
     request to withdraw funds from the Trust Fund pursuant to an 
     approved expenditure plan.
       (2) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under paragraph (1), the Tribe shall 
     submit to the Secretary for approval an expenditure plan for 
     any portion of the Trust Fund that the Tribe elects to 
     withdraw pursuant to this subsection, subject to the 
     condition that the funds shall be used for the purposes 
     described in this title.
       (3) Inclusions.--An expenditure plan under this subsection 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Trust 
     Fund will be used by the Tribe, in accordance with subsection 
     (h).
       (4) Approval.--On receipt of an expenditure plan under this 
     subsection, the Secretary shall approve the plan, if the 
     Secretary determines that the plan--
       (A) is reasonable; and
       (B) is consistent with, and will be used for, the purposes 
     of this title.
       (5) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan to ensure that 
     amounts disbursed under this subsection are used in 
     accordance with this title.
       (i) Uses.--Amounts from the Trust Fund shall be used by the 
     Tribe for the following purposes:
       (1) The Administration and Energy Account shall be used for 
     administration of the Tribal water rights and energy 
     development projects under this title and the Compact.
       (2) The OM&R Account shall be used to assist the Tribe in 
     paying OM&R costs.
       (3) The St. Mary Account shall be distributed pursuant to 
     an expenditure plan approved under subsection (g), subject to 
     the conditions that--
       (A) during the period for which the amount is available and 
     held by the Secretary, $500,000 shall be distributed to the 
     Tribe annually as compensation for the deferral of the St. 
     Mary water right; and
       (B) any additional amounts deposited in the account may be 
     withdrawn and used by the Tribe to pay OM&R costs or other 
     expenses for 1 or more projects to benefit the Tribe, as 
     approved by the Secretary, subject to the requirement that 
     the Secretary shall not approve an expenditure plan under 
     this paragraph unless the Tribe provides a resolution of the 
     tribal council--
       (i) approving the withdrawal of the funds from the account; 
     and
       (ii) acknowledging that the Secretary will not be able to 
     distribute funds under subparagraph (A) indefinitely if the 
     principal funds in the account are reduced.
       (4) The Blackfeet Water, Storage, and Development Projects 
     Account shall be used to carry out section 9013.
       (j) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Trust Fund by 
     the Tribe under subsection (f) or (g).
       (k) No Per Capita Distributions.--No portion of the Trust 
     Fund shall be distributed on a per capita basis to any member 
     of the Tribe.
       (l) Deposit of Funds.--On request by the Tribe, the 
     Secretary may deposit amounts from an account described in 
     paragraph (1), (2), or (4) of subsection (b) to any other 
     account the Secretary determines to be appropriate.

     SEC. 9017. BLACKFEET WATER SETTLEMENT IMPLEMENTATION FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a nontrust, interest-bearing account, to be 
     known as the ``Blackfeet Water Settlement Implementation 
     Fund'' (referred to in this section as the ``Implementation 
     Fund''), to be managed and distributed by the Secretary, for 
     use by the Secretary for carrying out this title.
       (b) Accounts.--The Secretary shall establish in the 
     Implementation Fund the following accounts:
       (1) The MR&I System, Irrigation, and Water Storage Account.
       (2) The Blackfeet Irrigation Project Deferred Maintenance 
     and Four Horns Dam Safety Improvements Account.
       (3) The St. Mary/Milk Water Management and Activities Fund.
       (c) Deposits.--The Secretary shall deposit in the 
     Implementation Fund--

[[Page S5860]]

       (1) in the MR&I System, Irrigation, and Water Storage 
     Account, the amount made available pursuant to section 
     9018(a)(2)(A);
       (2) in the Blackfeet Irrigation Project Deferred 
     Maintenance and Four Horns Dam Safety Improvements Account, 
     the amount made available pursuant to section 9018(a)(2)(B); 
     and
       (3) in the St. Mary/Milk Water Management and Activities 
     Fund, the amount made available pursuant to section 
     9018(a)(2)(C).
       (d) 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 (e).
       (e) Uses.--
       (1) MR&I system, irrigation, and water storage account.--
     The MR&I System, Irrigation, and Water Storage Account shall 
     be used to carry out sections 9011 and 9012.
       (2) Blackfeet irrigation project deferred maintenance and 
     four horns dam safety improvements account.--The Blackfeet 
     Irrigation Project Deferred Maintenance and Four Horns Dam 
     Safety Improvements Account shall be used to carry out 
     section 9010.
       (3) St. mary/milk water management and activities 
     account.--The St. Mary/Milk Water Management and Activities 
     Account shall be used to carry out sections 9005 and 9007.
       (f) Management.--Amounts in the Implementation Fund shall 
     not be available to the Secretary for expenditure until the 
     enforceability date.

     SEC. 9018. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subject to subsection (b), there are 
     authorized to be appropriated to the Secretary--
       (1) as adjusted on appropriation to reflect changes since 
     April 2010 in the Consumer Price Index for All Urban 
     Consumers West Urban 50,000 to 1,500,000 index for the amount 
     appropriated--
       (A) for deposit in the Administration and Energy Account of 
     the Blackfeet Settlement Trust Fund established under section 
     9016(b)(1), $28,900,000;
       (B) for deposit in the OM&R Account of the Blackfeet 
     Settlement Trust Fund established under section 9016(b)(2), 
     $27,760,000;
       (C) for deposit in the St. Mary Account of the Blackfeet 
     Settlement Trust Fund established under section 9016(b)(3), 
     $27,800,000;
       (D) for deposit in the Blackfeet Water, Storage, and 
     Development Projects Account of the Blackfeet Settlement 
     Trust Fund established under section 9016(b)(4), $91,000,000; 
     and
       (E) such sums not to exceed the amount of interest credited 
     to the unexpended amounts of the Blackfeet Settlement Trust 
     Fund; and
       (2) as adjusted annually to reflect changes since April 
     2010 in the Bureau of Reclamation Construction Cost Trends 
     Index applicable to the types of construction involved--
       (A) for deposit in the MR&I System, Irrigation, and Water 
     Storage Account of the Blackfeet Water Settlement 
     Implementation Fund established under section 9017(b)(1), 
     $163,500,000;
       (B) for deposit in the Blackfeet Irrigation Project 
     Deferred Maintenance, Four Horns Dam Safety, and 
     Rehabilitation and Enhancement of the Four Horns Feeder 
     Canal, Dam, and Reservoir Improvements Account of the 
     Blackfeet Water Settlement Implementation Fund established 
     under section 9017(b)(2), $54,900,000, of which--
       (i) $40,900,000 shall be made available for activities and 
     projects under section 9010(c); and
       (ii) $14,000,000 shall be made available for activities and 
     projects under section 9010(d)(2);
       (C) for deposit in the St. Mary/Milk Water Management and 
     Activities Account of the Blackfeet Water Settlement 
     Implementation Fund established under section 9017(b)(3), 
     $28,100,000, of which--
       (i) $27,600,000 shall be allocated in accordance with 
     section 9007(g); and
       (ii) $500,000 shall be used to carry out section 9005; and
       (D) such sums not to exceed the amount of interest credited 
     to the unexpended amounts of the Blackfeet Water Settlement 
     Implementation Fund.
       (b) Adjustments.--
       (1) In general.--The adjustment of the amounts authorized 
     to be appropriated pursuant to subsection (a)(1) shall occur 
     each time an amount is appropriated for an account and shall 
     add to, or subtract from, as applicable, the total amount 
     authorized.
       (2) Repetition.--The adjustment process under this 
     subsection shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       (3) Treatment.--The amount of an adjustment may be 
     considered--
       (A) to be authorized as of the date on which congressional 
     action occurs; and
       (B) in determining the amount authorized to be 
     appropriated.

     SEC. 9019. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST 
                   AND GLACIER NATIONAL PARK.

       The instream flow water rights of the Tribe on land within 
     the Lewis and Clark National Forest and Glacier National 
     Park--
       (1) are confirmed; and
       (2) shall be as described in the document entitled 
     ``Stipulation to Address Claims by and for the Benefit of the 
     Blackfeet Indian Tribe to Water Rights in the Lewis & Clark 
     National Forest and Glacier National Park'', and as finally 
     decreed by the Montana Water Court, or, if the Montana Water 
     Court is found to lack jurisdiction, by the United States 
     district court with jurisdiction.

     SEC. 9020. WAIVERS AND RELEASES OF CLAIMS.

       (a) In General.--
       (1) Waiver and release of claims by tribe and united states 
     as trustee for tribe.--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 as described in the Compact and this title, 
     the Tribe, acting on behalf of the Tribe and members of the 
     Tribe (but not any member of the Tribe as an allottee), and 
     the United States, acting as trustee for the Tribe and the 
     members of the Tribe (but not any member of the Tribe as an 
     allottee), shall execute a waiver and release of all claims 
     for water rights within the State that the Tribe, or the 
     United States acting as trustee for the Tribe, 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 title.
       (2) Waiver and release of claims by 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 as described in the Compact and this title, 
     the United States, acting as trustee for 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 title.
       (3) Waiver and release of claims by tribe against united 
     states.--Subject to the reservation of rights and retention 
     of claims under subsection (d), the Tribe, acting on behalf 
     of the Tribe and members of the Tribe (but not any member of 
     the Tribe as an allottee), shall execute a waiver and release 
     of all claims against the United States (including any agency 
     or employee of the United States)--
       (A) relating to--
       (i) water rights within the State that the United States, 
     acting as trustee for the Tribe, asserted or could have 
     asserted in any proceeding, including a stream adjudication 
     in the State, except to the extent that such rights are 
     recognized as Tribal water rights under this title;
       (ii) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights 
     (including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion, or 
     taking of water, or claims relating to failure to protect, 
     acquire, replace, or develop water, water rights, or water 
     infrastructure) within the State that first accrued at any 
     time on or before the enforceability date;
       (iii) a failure to establish or provide a municipal rural 
     or industrial water delivery system on the Reservation;
       (iv) a failure to provide for operation or maintenance, or 
     deferred maintenance, for the Blackfeet Irrigation Project or 
     any other irrigation system or irrigation project on the 
     Reservation;
       (v) the litigation of claims relating to the water rights 
     of the Tribe in the State; and
       (vi) the negotiation, execution, or adoption of the Compact 
     (including exhibits) or this title;
       (B) reserved in subsections (b) through (d) of section 6 of 
     the settlement for the case styled Blackfeet Tribe v. United 
     States, No. 02-127L (Fed. Cl. 2012); and
       (C) that first accrued at any time on or before the 
     enforceability date--
       (i) arising from the taking or acquisition of the land of 
     the Tribe or resources for the construction of the features 
     of the St. Mary Unit of the Milk River Project;
       (ii) relating to the construction, operation, and 
     maintenance of the St. Mary Unit of the Milk River Project, 
     including Sherburne Dam, St. Mary Diversion Dam, St. Mary 
     Canal and associated infrastructure, and the management of 
     flows in Swiftcurrent Creek, including the diversion of 
     Swiftcurrent Creek into Lower St. Mary Lake;
       (iii) relating to the construction, operation, and 
     management of Lower Two Medicine Dam and Reservoir and Four 
     Horns Dam and Reservoir, including any claim relating to the 
     failure to provide dam safety improvements for Four Horns 
     Reservoir; or
       (iv) relating to the allocation of waters of the Milk River 
     and St. Mary River (including tributaries) between the United 
     States and Canada pursuant to the International Boundary 
     Waters Treaty of 1909 (36 Stat. 2448).
       (b) Effectiveness.--The waivers and releases under 
     subsection (a) shall take effect on the enforceability date.
       (c) Withdrawal of Objections.--The Tribe shall withdraw all 
     objections to the water rights claims filed by the United 
     States for the benefit of the Milk River Project, except 
     objections to those claims consolidated for adjudication 
     within Basin 40J, within 14 days of the certification under 
     subsection (f)(5) that the Tribal membership has approved the 
     Compact and this title.
       (1) Prior to withdrawal of the objections, the Tribe may 
     seek leave of the Montana Water Court for a right to 
     reinstate the objections in the event the conditions of 
     enforceability in paragraphs (1) through (8) of subsection 
     (f) are not satisfied by the date of

[[Page S5861]]

     expiration described in section 9023 of this title.
       (2) If the conditions of enforceability in paragraphs (1) 
     through (8) of subsection (f) are satisfied, and any 
     authority the Montana Water Court may have granted the Tribe 
     to reinstate objections described in this section has not yet 
     expired, the Tribe shall notify the Montana Water Court and 
     the United States in writing that it will not exercise any 
     such authority.
       (d) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsection 
     (a), the Tribe, acting on behalf of the Tribe and members of 
     the Tribe, and the United States, acting as trustee for the 
     Tribe and allottees, shall retain--
       (1) all claims relating to--
       (A) enforcement of, or claims accruing after the 
     enforceability date relating to water rights recognized 
     under, the Compact, any final decree, or this title;
       (B) activities affecting the quality of water, including 
     any claim under--
       (i) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including 
     damages to natural resources;
       (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (iii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.) (commonly referred to as the ``Clean Water 
     Act''); and
       (iv) any regulations implementing the Acts described in 
     clauses (i) through (iii); or
       (C) damage, loss, or injury to land or natural resources 
     that are not due to loss of water or water rights (including 
     hunting, fishing, gathering, or cultural rights);
       (2) all rights to use and protect water rights acquired 
     after the date of enactment of this title; and
       (3) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to this 
     title or the Compact.
       (e) Effect of Compact and Act.--Nothing in the Compact or 
     this title--
       (1) affects the ability of the United States, acting as a 
     sovereign, to take any action authorized by law (including 
     any law relating to health, safety, or the environment), 
     including--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act''); 
     and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (2) affects the ability of the United States to act as 
     trustee for any other Indian tribe or allottee of any other 
     Indian tribe;
       (3) confers jurisdiction on any State court--
       (A) to interpret Federal law regarding health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party pursuant to a Federal law regarding health, 
     safety, or the environment; or
       (C) to conduct judicial review of a Federal agency action;
       (4) waives any claim of a member of the Tribe in an 
     individual capacity that does not derive from a right of the 
     Tribe;
       (5) revives any claim waived by the Tribe in the case 
     styled Blackfeet Tribe v. United States, No. 02-127L (Fed. 
     Cl. 2012); or
       (6) revives any claim released by an allottee or a tribal 
     member in the settlement for the case styled 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)(A) the Montana Water Court has approved the Compact, 
     and that decision has become final and nonappealable; or
       (B) if the Montana Water Court is found to lack 
     jurisdiction, the appropriate United States district court 
     has approved the Compact, and that decision has become final 
     and nonappealable;
       (2) all amounts authorized under section 9018(a) have been 
     appropriated;
       (3) the agreements required by sections 9006(c), 9007(f), 
     and 9009(c) have been executed;
       (4) the State has appropriated and paid into an interest-
     bearing escrow account any payments due as of the date of 
     enactment of this title to the Tribe under the Compact, the 
     Birch Creek Agreement, and this title;
       (5) the members of the Tribe have voted to approve this 
     title and the Compact by a majority of votes cast on the day 
     of the vote, as certified by the Secretary and the Tribe;
       (6) the Secretary has fulfilled the requirements of section 
     9009(a);
       (7) the agreement or terms and conditions referred to in 
     section 9005 are executed and final; and
       (8) the waivers and releases described in subsection (a) 
     have been executed by the Tribe 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 during the period beginning on 
     the date of enactment of this title and ending on the date on 
     which the amounts made available to carry out this title are 
     transferred to the Secretary.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this title.
       (h) Expiration.--If all appropriations authorized by this 
     title have not been made available to the Secretary by 
     January 21, 2026, the waivers and releases described in this 
     section shall--
       (1) expire; and
       (2) have no further force or effect.
       (i) Voiding of Waivers.--If the waivers and releases 
     described in this section are void under subsection (h)--
       (1) the approval of the United States of the Compact under 
     section 9004 shall no longer be effective;
       (2) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     title, 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 under this title shall be returned to the Federal 
     Government, unless otherwise agreed to by the Tribe and the 
     United States and approved by Congress; and
       (3) except for Federal funds used to acquire or develop 
     property that is returned to the Federal Government under 
     paragraph (2), the United States shall be entitled to offset 
     any Federal funds appropriated or made available to carry out 
     the activities authorized under this title that were expended 
     or withdrawn, together with any interest accrued, against any 
     claims against the United States relating to water rights in 
     the State asserted by the Tribe or any user of the Tribal 
     water rights or in any future settlement of the water rights 
     of the Tribe or an allottee.

     SEC. 9021. SATISFACTION OF CLAIMS.

       (a) Tribal Claims.--The benefits realized by the Tribe 
     under this title shall be in complete replacement of, 
     complete substitution for, and full satisfaction of all--
       (1) claims of the Tribe against the United States waived 
     and released pursuant to section 9020(a); and
       (2) objections withdrawn pursuant to section 9020(c).
       (b) Allottee Claims.--The benefits realized by the 
     allottees under this title shall be in complete replacement 
     of, complete substitution for, and full satisfaction of--
       (1) all claims waived and released pursuant to section 
     9020(a)(2); and
       (2) any claim of an allottee against the United States 
     similar in nature to a claim described in section 9020(a)(2) 
     that the allottee asserted or could have asserted.

     SEC. 9022. MISCELLANEOUS PROVISIONS.

       (a) Waiver of Sovereign Immunity.--Except as provided in 
     subsections (a) through (c) of section 208 of the Department 
     of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
     in this title waives the sovereign immunity of the United 
     States.
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     title 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 Tribe.
       (c) Limitation on Claims for Reimbursement.--With respect 
     to any Indian-owned land located within the Reservation--
       (1) the United States shall not submit against that land 
     any claim for reimbursement of the cost to the United States 
     of carrying out this title or the Compact; and
       (2) no assessment of that land shall be made regarding that 
     cost.
       (d) Limitation on Liability of United States.--
       (1) In general.--The United States has no obligation--
       (A) to monitor, administer, or account for, in any manner, 
     any funds provided to the Tribe by the State; or
       (B) to review or approve any expenditure of those funds.
       (2) Indemnity.--The Tribe shall indemnify the United 
     States, and hold the United States harmless, with respect to 
     all claims (including claims for takings or breach of trust) 
     arising from the receipt or expenditure of amounts described 
     in the subsection.
       (e) Effect on Current Law.--Nothing in this section affects 
     any provision of law (including regulations) in effect on the 
     day before the date of enactment of this title with respect 
     to preenforcement review of any Federal environmental 
     enforcement action.
       (f) Effect on Reclamation Laws.--The activities carried out 
     by the Commissioner of Reclamation under this title 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).
       (g) Irrigation Efficiency in Upper Birch Creek Drainage.--
     Any activity carried out by the Tribe in the Upper Birch 
     Creek Drainage (as defined in article II.50 of the Compact) 
     using funds made available to carry out this title shall 
     achieve an irrigation efficiency of not less than 50 percent.
       (h) Birch Creek Agreement Approval.--The Birch Creek 
     Agreement is approved to the extent that the Birch Creek 
     Agreement requires approval under section 2116 of the Revised 
     Statutes (25 U.S.C. 177).
       (i) Limitation on Effect.--Nothing in this title or the 
     Compact--

[[Page S5862]]

       (1) makes an allocation or apportionment of water between 
     or among States; or
       (2) addresses or implies whether, how, or to what extent 
     the Tribal water rights, or any portion of the Tribal water 
     rights, should be accounted for as part of, or otherwise 
     charged against, an allocation or apportionment of water made 
     to a State in an interstate allocation or apportionment.

     SEC. 9023. EXPIRATION ON FAILURE TO MEET ENFORCEABILITY DATE.

       If the Secretary fails to publish a statement of findings 
     under section 9020(f) by not later than January 21, 2025, or 
     such alternative later date as is agreed to by the Tribe and 
     the Secretary, after reasonable notice to the State, as 
     applicable--
       (1) this title expires effective on the later of--
       (A) January 22, 2025; and
       (B) the day after such alternative later date as is agreed 
     to by the Tribe and the Secretary;
       (2) any action taken by the Secretary and any contract or 
     agreement entered into pursuant to this title shall be void;
       (3) any amounts made available under section 9018, together 
     with any interest on those amounts, that remain unexpended 
     shall immediately revert to the general fund of the Treasury, 
     except for any funds made available under section 9016(e)(2) 
     if the Montana Water Court denies the Tribe's request to 
     reinstate the objections in section 9020(c); and
       (4) the United States shall be entitled to offset against 
     any claims asserted by the Tribe against the United States 
     relating to water rights--
       (A) any funds expended or withdrawn from the amounts made 
     available pursuant to this title; and
       (B) any funds made available to carry out the activities 
     authorized by this title from other authorized sources, 
     except for any funds provided under section 9016(e)(2) if the 
     Montana Water court denies the Tribe's request to reinstate 
     the objections in section 9020(c).

     SEC. 9024. ANTIDEFICIENCY.

       The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this title 
     (including any obligation or activity under the Compact) if--
       (1) adequate appropriations are not provided expressly by 
     Congress to carry out the purposes of this title; or
       (2) there are not enough monies available to carry out the 
     purposes of this title in the Reclamation Water Settlements 
     Fund established under section 10501(a) of the Omnibus Public 
     Land Management Act of 2009 (43 U.S.C. 407(a)).
                                 ______
                                 
  SA 5078. Mr. COONS (for himself and Mr. Flake) proposed an amendment 
to the bill H.R. 2494, to support global anti-poaching efforts, 
strengthen the capacity of partner countries to counter wildlife 
trafficking, designate major wildlife trafficking countries, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Eliminate, 
     Neutralize, and Disrupt Wildlife Trafficking Act of 2016''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                      TITLE I--PURPOSES AND POLICY

Sec. 101. Purposes.
Sec. 102. Statement of United States policy.

        TITLE II--REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES

Sec. 201. Report.

             TITLE III--FRAMEWORK FOR INTERAGENCY RESPONSE

Sec. 301. Presidential Task Force on Wildlife Trafficking.

   TITLE IV--PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING 
                                 CRISIS

Sec. 401. Anti-poaching programs.
Sec. 402. Anti-trafficking programs.
Sec. 403. Engagement of United States diplomatic missions.
Sec. 404. Community conservation.

    TITLE V--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

Sec. 501. Amendments to Fisherman's Protective Act of 1967.
Sec. 502. Wildlife trafficking violations as predicate offenses under 
              money laundering statute.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (2) Co-chairs of the task force.--The term ``Co-Chairs of 
     the Task Force'' means the Secretary of State, the Secretary 
     of the Interior, and the Attorney General, as established 
     pursuant to Executive Order 13648.
       (3) Community conservation.--The term ``community 
     conservation'' means an approach to conservation that 
     recognizes the rights of local people to manage, or benefit 
     directly and indirectly from wildlife and other natural 
     resources in a long-term biologically viable manner and 
     includes--
       (A) devolving management and governance to local 
     communities to create positive conditions for resource use 
     that takes into account current and future ecological 
     requirements; and
       (B) building the capacity of communities for conservation 
     and natural resource management.
       (4) Country of concern.--The term ``country of concern'' 
     refers to a foreign country specially designated by the 
     Secretary of State pursuant to subsection (b) of section 201 
     as a major source of wildlife trafficking products or their 
     derivatives, a major transit point of wildlife trafficking 
     products or their derivatives, or a major consumer of 
     wildlife trafficking products, in which the government has 
     actively engaged in or knowingly profited from the 
     trafficking of endangered or threatened species.
       (5) Focus country.--The term ``focus country'' refers to a 
     foreign country determined by the Secretary of State to be a 
     major source of wildlife trafficking products or their 
     derivatives, a major transit point of wildlife trafficking 
     products or their derivatives, or a major consumer of 
     wildlife trafficking products.
       (6) Defense article; defense service; significant military 
     equipment; training.--The terms ``defense article'', 
     ``defense service'', ``significant military equipment'', and 
     ``training'' have the meanings given such terms in section 47 
     of the Arms Export Control Act (22 U.S.C. 2794).
       (7) Implementation plan.--The term ``Implementation Plan'' 
     means the Implementation Plan for the National Strategy for 
     Combating Wildlife Trafficking released on February 11, 2015, 
     a modification of that plan, or a successor plan.
       (8) National strategy.--The term ``National Strategy'' 
     means the National Strategy for Combating Wildlife 
     Trafficking published on February 11, 2014, a modification of 
     that strategy, or a successor strategy.
       (9) National wildlife services.--The term ``national 
     wildlife services'' refers to the ministries and government 
     bodies designated to manage matters pertaining to wildlife 
     management, including poaching or trafficking, in a focus 
     country.
       (10) Security force.--The term ``security force'' means a 
     military, law enforcement, gendarmerie, park ranger, or any 
     other security force with a responsibility for protecting 
     wildlife and natural habitats.
       (11) Task force.--The term ``Task Force'' means the 
     Presidential Task Force on Wildlife Trafficking, as 
     established by Executive Order 13648 (78 Fed. Reg. 40621) and 
     modified by section 201.
       (12) Wildlife trafficking.--The term ``wildlife 
     trafficking'' refers to the poaching or other illegal taking 
     of protected or managed species and the illegal trade in 
     wildlife and their related parts and products.

                      TITLE I--PURPOSES AND POLICY

     SEC. 101. PURPOSES.

       The purposes of this Act are--
       (1) to support a collaborative, interagency approach to 
     address wildlife trafficking;
       (2) to protect and conserve the remaining populations of 
     wild elephants, rhinoceroses, and other species threatened by 
     poaching and the illegal wildlife trade;
       (3) to disrupt regional and global transnational organized 
     criminal networks and to prevent the illegal wildlife trade 
     from being used as a source of financing for criminal groups 
     that undermine United States and global security interests;
       (4) to prevent wildlife poaching and trafficking from being 
     a means to make a living in focus countries;
       (5) to support the efforts of, and collaborate with, 
     individuals, communities, local organizations, and foreign 
     governments to combat poaching and wildlife trafficking;
       (6) to assist focus countries in implementation of national 
     wildlife anti-trafficking and poaching laws; and
       (7) to ensure that United States assistance to prevent and 
     suppress illicit wildlife trafficking is carefully planned 
     and coordinated, and that it is systematically and rationally 
     prioritized on the basis of detailed analysis of the nature 
     and severity of threats to wildlife and the willingness and 
     ability of foreign partners to cooperate effectively toward 
     these ends.

     SEC. 102. STATEMENT OF UNITED STATES POLICY.

       It is the policy of the United States--
       (1) to take immediate actions to stop the illegal global 
     trade in wildlife and wildlife products and associated 
     transnational organized crime;
       (2) to provide technical and other forms of assistance to 
     help focus countries halt the poaching of elephants, 
     rhinoceroses, and other imperiled species and end the illegal 
     trade in wildlife and wildlife products, including by 
     providing training and assistance in--
       (A) wildlife protection and management of wildlife 
     populations;
       (B) anti-poaching and effective management of protected 
     areas including community managed and privately-owned lands;
       (C) local engagement of security forces in anti-poaching 
     responsibilities, where appropriate;
       (D) wildlife trafficking investigative techniques, 
     including forensic tools;
       (E) transparency and corruption issues;
       (F) management, tracking, and inventory of confiscated 
     wildlife contraband;

[[Page S5863]]

       (G) demand reduction strategies in countries that lack the 
     means and resources to conduct them; and
       (H) bilateral and multilateral agreements and cooperation;
       (3) to employ appropriate assets and resources of the 
     United States Government in a coordinated manner to curtail 
     poaching and disrupt and dismantle illegal wildlife trade 
     networks and the financing of those networks in a manner 
     appropriate for each focus country;
       (4) to build upon the National Strategy and Implementation 
     Plan to further combat wildlife trafficking in a holistic 
     manner and guide the response of the United States Government 
     to ensure progress in the fight against wildlife trafficking; 
     and
       (5) to recognize the ties of wildlife trafficking to 
     broader forms of transnational organized criminal activities, 
     including trafficking, and where applicable, to focus on 
     those crimes in a coordinated, cross-cutting manner.

        TITLE II--REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES

     SEC. 201. REPORT.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     of State, in consultation with the Secretary of the Interior 
     and the Secretary of Commerce, shall submit to Congress a 
     report that lists each country determined by the Secretary of 
     State to be a focus country within the meaning of this Act.
       (b) Special Designation.--In each report required under 
     subsection (a), the Secretary of State, in consultation with 
     the Secretary of the Interior and the Secretary of Commerce, 
     shall identify each country of concern listed in the report 
     the government of which has actively engaged in or knowingly 
     profited from the trafficking of endangered or threatened 
     species.
       (c) Sunset.--This section shall terminate on the date that 
     is 5 years after the date of the enactment of this Act.

             TITLE III--FRAMEWORK FOR INTERAGENCY RESPONSE

     SEC. 301. PRESIDENTIAL TASK FORCE ON WILDLIFE TRAFFICKING.

       (a) Responsibilities.--In addition to the functions 
     required by Executive Order 13648 (78 Fed. Reg. 40621), the 
     Task Force shall be informed by the Secretary of State's 
     annual report required under section 201 and considering all 
     available information, ensure that relevant United States 
     Government agencies--
       (1) collaborate, to the greatest extent practicable, with 
     the national wildlife services, or other relevant bodies of 
     each focus country to prepare, not later than 90 days after 
     the date of submission of the report required under section 
     201(a), a United States mission assessment of the threats to 
     wildlife in that focus country and an assessment of the 
     capacity of that country to address wildlife trafficking;
       (2) collaborate, to the greatest extent practicable, with 
     relevant ministries, national wildlife services, or other 
     relevant bodies of each focus country to prepare, not later 
     than 180 days after preparation of the assessment referred to 
     in paragraph (1), a United States mission strategic plan that 
     includes recommendations for addressing wildlife trafficking, 
     taking into account any regional or national strategies for 
     addressing wildlife trafficking in a focus country developed 
     before the preparation of such assessment;
       (3) coordinate efforts among United States Federal agencies 
     and non-Federal partners, including missions, domestic and 
     international organizations, the private sector, and other 
     global partners, to implement the strategic plans required by 
     paragraph (2) in each focus country;
       (4) not less frequently than annually, consult and 
     coordinate with stakeholders qualified to provide advice, 
     assistance, and information regarding effective support for 
     anti-poaching activities, coordination of regional law 
     enforcement efforts, development of and support for effective 
     legal enforcement mechanisms, and development of strategies 
     to reduce illicit trade and reduce consumer demand for 
     illegally traded wildlife and wildlife products, and other 
     relevant topics under this Act; and
       (5) coordinate or carry out other functions as are 
     necessary to implement this Act.
       (b) Duplication and Efficiency.--The Task Force shall--
       (1) ensure that the activities of the Federal agencies 
     involved in carrying out efforts under this Act are 
     coordinated and not duplicated; and
       (2) encourage efficiencies and coordination among the 
     efforts of Federal agencies and interagency initiatives 
     ongoing as of the date of the enactment of this Act to 
     address trafficking activities, including trafficking of 
     wildlife, humans, weapons, and narcotics, illegal trade, 
     transnational organized crime, or other illegal activities.
       (c) Consistency With Agency Responsibilities.--The Task 
     Force shall carry out its responsibilities under this Act in 
     a manner consistent with the authorities and responsibilities 
     of agencies represented on the Task Force.
       (d) Task Force Strategic Review.--One year after the date 
     of the enactment of this Act, and annually thereafter, the 
     Task Force shall submit a strategic assessment of its work 
     and provide a briefing to the appropriate congressional 
     committees that shall include--
       (1) a review and assessment of the Task Force's 
     implementation of this Act, identifying successes, failures, 
     and gaps in its work, or that of agencies represented on the 
     Task Force, including detailed descriptions of--
       (A) what approaches, initiatives, or programs have 
     succeeded best in increasing the willingness and capacity of 
     focus countries to suppress and prevent illegal wildlife 
     trafficking, and what approaches, initiatives, or programs 
     have not succeeded as well as hoped; and
       (B) which foreign governments subject to subsections (a) 
     and (b) of section 201 have proven to be the most successful 
     partners in suppressing and preventing illegal wildlife 
     trafficking, which focus countries have not proven to be so, 
     and what factors contributed to these results in each country 
     discussed;
       (2) a description of each Task Force member agency's 
     priorities and objectives for combating wildlife trafficking;
       (3) an account of total United States funding each year 
     since fiscal year 2014 for all government agencies and 
     programs involved in countering poaching and wildlife 
     trafficking;
       (4) an account of total United States funding since fiscal 
     year 2014 to support the activities of the Task Force, 
     including administrative overhead costs and congressional 
     reporting; and
       (5) recommendations for how to improve United States and 
     international efforts to suppress and prevent illegal 
     wildlife trafficking in the future, based upon the Task 
     Force's experience as of the time of the review.
       (e) Termination of Task Force.--The statutory authorization 
     for the Task Force provided by this Act shall terminate 5 
     years after the date of the enactment of this Act or such 
     earlier date that the President terminates the Task Force by 
     rescinding, superseding, or otherwise modifying relevant 
     portions of Executive Order 13648.

   TITLE IV--PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING 
                                 CRISIS

     SEC. 401. ANTI-POACHING PROGRAMS.

       (a) Wildlife Law Enforcement Professional Training and 
     Coordination Activities.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in collaboration with the heads of other 
     relevant United States agencies and nongovernmental partners 
     where appropriate, may provide assistance to focus countries 
     to carry out the recommendations made in the strategic plan 
     required by section 301(a)(2), among other goals, to improve 
     the effectiveness of wildlife law enforcement in regions and 
     countries that have demonstrated capacity, willingness, and 
     need for assistance.
       (b) Sense of Congress Regarding Security Assistance to 
     Counter Wildlife Trafficking and Poaching in Africa.--It is 
     the sense of Congress that the United States should continue 
     to provide defense articles (not including significant 
     military equipment), defense services, and related training 
     to appropriate security forces of countries of Africa for the 
     purposes of countering wildlife trafficking and poaching.

     SEC. 402. ANTI-TRAFFICKING PROGRAMS.

       (a) Investigative Capacity Building.--The Secretary of 
     State and the Administrator of the United States Agency for 
     International Development, in collaboration with the heads of 
     other relevant United States agencies and communities, 
     regions, and governments in focus countries, may design and 
     implement programs in focus countries to carry out the 
     recommendations made in the strategic plan required under 
     section 301(a)(2) among other goals, with clear and 
     measurable targets and indicators of success, to increase the 
     capacity of wildlife law enforcement and customs and border 
     security officers in focus countries.
       (b) Transnational Programs.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in collaboration with other relevant United 
     States agencies, nongovernmental partners, and international 
     bodies, and in collaboration with communities, regions, and 
     governments in focus countries, may design and implement 
     programs, including support for Wildlife Enforcement 
     Networks, in focus countries to carry out the recommendations 
     made in the strategic plan required under section 301(a)(2), 
     among other goals, to better understand and combat the 
     transnational trade in illegal wildlife.

     SEC. 403. ENGAGEMENT OF UNITED STATES DIPLOMATIC MISSIONS.

       As soon as practicable but not later than 2 years after the 
     date of the enactment of this Act, each chief of mission to a 
     focus country should begin to implement the recommendations 
     contained in the strategic plan required under section 
     301(a)(2), among other goals, for the country.

     SEC. 404. COMMUNITY CONSERVATION.

       The Secretary of State, in collaboration with the United 
     State Agency for International Development, heads of other 
     relevant United States agencies, the private sector, 
     nongovernmental organizations, and other development 
     partners, may provide support in focus countries to carry out 
     the recommendations made in the strategic plan required under 
     section 301(a)(2) as such recommendations relate to the 
     development, scaling, and replication of community wildlife 
     conservancies and community conservation programs in focus 
     countries to assist

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     with rural stability and greater security for people and 
     wildlife, empower and support communities to manage or 
     benefit from their wildlife resources in a long-term 
     biologically viable manner, and reduce the threat of poaching 
     and trafficking, including through--
       (1) promoting conservation-based enterprises and 
     incentives, such as eco-tourism and stewardship-oriented 
     agricultural production, that empower communities to manage 
     wildlife, natural resources, and community ventures where 
     appropriate, by ensuring they benefit from well-managed 
     wildlife populations;
       (2) helping create alternative livelihoods to poaching by 
     mitigating wildlife trafficking, helping support rural 
     stability, greater security for people and wildlife, 
     responsible economic development, and economic incentives to 
     conserve wildlife populations;
       (3) engaging regional businesses and the private sector to 
     develop goods and services to aid in anti-poaching and anti-
     trafficking measures;
       (4) working with communities to develop secure and safe 
     methods of sharing information with enforcement officials;
       (5) providing technical assistance to support land use 
     stewardship plans to improve the economic, environmental, and 
     social outcomes in community-owned or -managed lands;
       (6) supporting community anti-poaching efforts, including 
     policing and informant networks;
       (7) working with community and national governments to 
     develop relevant policy and regulatory frameworks to enable 
     and promote community conservation programs, including 
     supporting law enforcement engagement with wildlife 
     protection authorities to promote information-sharing; and
       (8) working with national governments to ensure that 
     communities have timely and effective support from national 
     authorities to mitigate risks that communities may face when 
     engaging in anti-poaching and anti-trafficking activities.

    TITLE V--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

     SEC. 501. AMENDMENTS TO FISHERMAN'S PROTECTIVE ACT OF 1967.

       Section 8 of the Fisherman's Protective Act of 1967 (22 
     U.S.C. 1978) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, in consultation with 
     the Secretary of State,'' after ``Secretary of Commerce'';
       (B) in paragraph (2), by inserting ``, in consultation with 
     the Secretary of State,'' after ``Secretary of the 
     Interior'';
       (C) in paragraph (3), by inserting ``in consultation with 
     the Secretary of State,'' after ``, as appropriate,'';
       (D) by redesigning paragraph (4) as paragraph (5); and
       (E) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) The Secretary of Commerce and the Secretary of the 
     Interior shall each report to Congress each certification to 
     the President made by such Secretary under this subsection, 
     within 15 days after making such certification.''; and
       (2) in subsection (d), by inserting ``in consultation with 
     the Secretary of State,'' after ``as the case may be,''.

     SEC. 502. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE 
                   OFFENSES UNDER MONEY LAUNDERING STATUTE.

       Section 1956(c)(7) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (E), by striking ``; or'' and inserting 
     a semicolon;
       (2) in subparagraph (F), by striking the semicolon and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(G) any act that is a criminal violation of subparagraph 
     (A), (B), (C), (D), (E), or (F) of paragraph (1) of section 
     9(a) of the Endangered Species Act of 1973 (16 U.S.C. 
     1538(a)(1)), section 2203 of the African Elephant 
     Conservation Act (16 U.S.C. 4223), or section 7(a) of the 
     Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
     5305a(a)), if the endangered or threatened species of fish or 
     wildlife, products, items, or substances involved in the 
     violation and relevant conduct, as applicable, have a total 
     value of more than $10,000;''.

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