[Congressional Record Volume 162, Number 140 (Thursday, September 15, 2016)]
[Senate]
[Pages S5853-S5862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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
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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)).
______