[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2607-S2616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 454. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

 DIVISION F--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT 
                                OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Fort Belknap Indian 
     Community Water Rights Settlement Act of 2023''.

     SEC. 6002. PURPOSES.

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

     SEC. 6003. DEFINITIONS.

       In this division:
       (1) Allottee.--The term ``allottee'' means an individual 
     who holds a beneficial real property interest in an allotment 
     of Indian land that is--
       (A) located within the Reservation; and
       (B) held in trust by the United States.
       (2) Blackfeet tribe.--The term ``Blackfeet Tribe'' means 
     the Blackfeet Tribe of the Blackfeet Indian Reservation of 
     Montana.
       (3) Cercla.--The term ``CERCLA'' means the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       (4) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Reclamation.
       (5) Compact.--The term ``Compact'' means--
       (A) the Fort Belknap-Montana water rights compact dated 
     April 16, 2001, as contained in section 85-20-1001 of the 
     Montana Code Annotated (2021); and
       (B) any appendix (including appendix amendments), part, or 
     amendment to the Compact that is executed to make the Compact 
     consistent with this division.
       (6) Enforceability date.--The term ``enforceability date'' 
     means the date described in section 6011(f).
       (7) Fort belknap indian community.--The term ``Fort Belknap 
     Indian Community'' means the Gros Ventre and Assiniboine 
     Tribes of the Fort Belknap Reservation of Montana, a 
     federally recognized Indian Tribal entity included on the 
     list published by the Secretary pursuant to section 104(a) of 
     the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 5131(a)).
       (8) Fort belknap indian community council.--The term ``Fort 
     Belknap Indian Community Council'' means the governing body 
     of the Fort Belknap Indian Community.
       (9) Fort belknap indian irrigation project.--
       (A) In general.--The term ``Fort Belknap Indian Irrigation 
     Project'' means the Federal Indian irrigation project 
     constructed and operated by the Bureau of Indian Affairs, 
     consisting of the Milk River unit, including--
       (i) the Three Mile unit; and
       (ii) the White Bear unit.
       (B) Inclusions.--The term ``Fort Belknap Indian Irrigation 
     Project'' includes any addition to the Fort Belknap Indian 
     Irrigation Project constructed pursuant to this division, 
     including expansion of the Fort Belknap Indian Irrigation 
     Project, the Pumping Plant, delivery Pipe and Canal, the Fort 
     Belknap Reservoir and Dam, and the Peoples Creek Flood 
     Protection Project.
       (10) Implementation fund.--The term ``Implementation Fund'' 
     means the Fort Belknap Indian Community Water Settlement 
     Implementation Fund established by section 6013(a).
       (11) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (12) Lake elwell.--The term ``Lake Elwell'' means the water 
     impounded on the Marias River in the State by Tiber Dam, a 
     feature of the Lower Marias Unit of the Pick-Sloan Missouri 
     River Basin Program authorized by section 9 of the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (58 Stat. 891, chapter 665).
       (13) Malta irrigation district.--The term ``Malta 
     Irrigation District'' means the public corporation--
       (A) created on December 28, 1923, pursuant to the laws of 
     the State relating to irrigation districts; and
       (B) headquartered in Malta, Montana.
       (14) Milk river.--The term ``Milk River'' means the 
     mainstem of the Milk River and each tributary of the Milk 
     River between the headwaters of the Milk River and the 
     confluence of the Milk River with the Missouri River, 
     consisting of--
       (A) Montana Water Court Basins 40F, 40G, 40H, 40I, 40J, 
     40K, 40L, 40M, 40N, and 40O; and
       (B) the portion of the Milk River and each tributary of the 
     Milk River that flows through the Canadian Provinces of 
     Alberta and Saskatchewan.
       (15) Milk river project.--
       (A) In general.--The term ``Milk River Project'' means the 
     Bureau of Reclamation project conditionally approved by the 
     Secretary on March 14, 1903, pursuant to the Act of June 17, 
     1902 (32 Stat. 388, chapter 1093), commencing at Lake 
     Sherburne Reservoir and providing water to a point 
     approximately 6 miles east of Nashua, Montana.
       (B) Inclusions.--The term ``Milk River Project'' includes--
       (i) the St. Mary Unit;
       (ii) the Fresno Dam and Reservoir; and
       (iii) the Dodson pumping unit.
       (16) Missouri river basin.--The term ``Missouri River 
     Basin'' means the hydrologic basin of the Missouri River, 
     including tributaries.
       (17) Operations and maintenance.--The term ``operations and 
     maintenance'' means the Bureau of Indian Affairs operations 
     and maintenance activities related to costs described in 
     section 171.500 of title 25, Code of Federal Regulations (or 
     a successor regulation).
       (18) Operations, maintenance, and replacement.--The term 
     ``operations, maintenance, and replacement'' means--
       (A) any recurring or ongoing activity associated with the 
     day-to-day operation of a project;
       (B) any activity relating to scheduled or unscheduled 
     maintenance of a project; and
       (C) any activity relating to repairing, replacing, or 
     rehabilitating a feature of a project.
       (19) Pick-sloan missouri river basin program.--The term 
     ``Pick-Sloan Missouri River Basin Program'' means the Pick-
     Sloan Missouri River Basin Program (authorized by section 9 
     of the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)).
       (20) PMM.--The term ``PMM'' means the Principal Meridian, 
     Montana.
       (21) Reservation.--
       (A) In general.--The term ``Reservation'' means the area of 
     the Fort Belknap Reservation in the State, as modified by 
     this division.
       (B) Inclusions.--The term ``Reservation'' includes--
       (i) all land and interests in land established by--

       (I) the Agreement with the Gros Ventre and Assiniboine 
     Tribes of the Fort Belknap Reservation, ratified by the Act 
     of May 1, 1888 (25 Stat. 113, chapter 212), as modified by 
     the Agreement with the Indians of the Fort Belknap 
     Reservation of October 9, 1895 (ratified by the Act of June 
     10, 1896) (29 Stat. 350, chapter 398);
       (II) the Act of March 3, 1921 (41 Stat. 1355, chapter 135); 
     and
       (III) Public Law 94-114 (25 U.S.C. 5501 et seq.);

       (ii) the land known as the ``Hancock lands'' purchased by 
     the Fort Belknap Indian Community pursuant to the Fort 
     Belknap Indian Community Council Resolution No. 234-89 
     (October 2, 1989); and
       (iii) all land transferred to the United States to be held 
     in trust for the benefit of the Fort Belknap Indian Community 
     under section 6006.
       (22) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (23) St. mary unit.--
       (A) In general.--The term ``St. Mary Unit'' means the St. 
     Mary Storage Unit of the Milk River Project authorized by 
     Congress on March 25, 1905.
       (B) Inclusions.--The term ``St. Mary Unit'' includes--
       (i) Sherburne Dam and Reservoir;
       (ii) Swift Current Creek Dike;
       (iii) Lower St. Mary Lake;
       (iv) St. Mary Canal Diversion Dam; and
       (v) St. Mary Canal and appurtenances.
       (24) State.--The term ``State'' means the State of Montana.
       (25) Tribal water code.--The term ``Tribal water code'' 
     means the Tribal water code enacted by the Fort Belknap 
     Indian Community pursuant to section 6005(g).
       (26) Tribal water rights.--The term ``Tribal water rights'' 
     means the water rights of the Fort Belknap Indian Community, 
     as described in Article III of the Compact and this division, 
     including the allocation of water to the Fort Belknap Indian 
     Community from Lake Elwell under section 6007.
       (27) Trust fund.--The term ``Trust Fund'' means the Aaniiih 
     Nakoda Settlement Trust Fund established for the Fort Belknap 
     Indian Community under section 6012(a).

     SEC. 6004. RATIFICATION OF COMPACT.

       (a) Ratification of Compact.--
       (1) In general.--As modified by this division, the Compact 
     is authorized, ratified, and confirmed.
       (2) Amendments.--Any amendment to the Compact is 
     authorized, ratified, and confirmed to the extent that the 
     amendment is

[[Page S2608]]

     executed to make the Compact consistent with this division.
       (b) Execution.--
       (1) In general.--To the extent that the Compact does not 
     conflict with this division, the Secretary shall execute the 
     Compact, including all appendices to, or parts of, the 
     Compact requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this division precludes the 
     Secretary from approving any modification to an appendix to 
     the Compact that is consistent with this division, 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 
     division, the Secretary shall comply with all applicable 
     provisions of--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the Compact and this 
     division, the Fort Belknap Indian Community shall prepare any 
     necessary environmental documents, consistent with all 
     applicable provisions of--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4231 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation submitted 
     under subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.
       (3) Effect of execution.--The execution of the Compact by 
     the Secretary under this section shall not constitute a major 
     Federal action for purposes of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (4) Costs.--Any costs associated with the performance of 
     the compliance activities under this subsection shall be paid 
     from funds deposited in the Trust Fund, subject to the 
     condition that any costs associated with the performance of 
     Federal approval or other review of such compliance work or 
     costs associated with inherently Federal functions shall 
     remain the responsibility of the Secretary.

     SEC. 6005. 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 
     division.
       (3) Conflict.--In the event of a conflict between the 
     Compact and this division, this division shall control.
       (b) Intent of Congress.--It is the intent of Congress to 
     provide to each allottee benefits that are equivalent to, or 
     exceed, the benefits the allottees possess on the day before 
     the date of enactment of this Act, taking into 
     consideration--
       (1) the potential risks, cost, and time delay associated 
     with litigation that would be resolved by the Compact and 
     this division;
       (2) the availability of funding under this division and 
     from other sources;
       (3) the availability of water from the Tribal water rights; 
     and
       (4) the applicability of section 7 of the Act of February 
     8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381) and this 
     division to protect the interests of allottees.
       (c) Trust Status of Tribal Water Rights.--The Tribal water 
     rights--
       (1) shall be held in trust by the United States for the use 
     and benefit of the Fort Belknap Indian Community and 
     allottees in accordance with this division; and
       (2) shall not be subject to loss through non-use, 
     forfeiture, or abandonment.
       (d) Allottees.--
       (1) Applicability of the act of february 8, 1887.--The 
     provisions of section 7 of the Act of February 8, 1887 (24 
     Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use 
     of water for irrigation purposes, shall apply to the Tribal 
     water rights.
       (2) Entitlement to water.--Any entitlement to water of an 
     allottee under Federal law shall be satisfied from the Tribal 
     water rights.
       (3) Allocations.--An allottee shall be entitled to a just 
     and equitable allocation of water for irrigation purposes.
       (4) Claims.--
       (A) Exhaustion of remedies.--Before asserting any claim 
     against the United States under section 7 of the Act of 
     February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), 
     or any other applicable law, an allottee shall exhaust 
     remedies available under the Tribal water code or other 
     applicable Tribal law.
       (B) Action for relief.--After the exhaustion of all 
     remedies available under the Tribal water code or other 
     applicable Tribal law, an allottee may seek relief under 
     section 7 of the Act of February 8, 1887 (24 Stat. 390, 
     chapter 119; 25 U.S.C. 381), or other applicable law.
       (5) Authority of the secretary.--The Secretary shall have 
     the authority to protect the rights of allottees in 
     accordance with this section.
       (e) Authority of the Fort Belknap Indian Community.--
       (1) In general.--The Fort Belknap Indian Community shall 
     have the authority to allocate, distribute, and lease the 
     Tribal water rights for use on the Reservation in accordance 
     with the Compact, this division, and applicable Federal law.
       (2) Off-reservation use.--The Fort Belknap Indian Community 
     may allocate, distribute, and lease the Tribal water rights 
     for off-Reservation use in accordance with the Compact, this 
     division, and applicable Federal law--
       (A) subject to the approval of the Secretary; or
       (B) pursuant to Tribal water leasing regulations consistent 
     with the requirements of subsection (f).
       (3) Land leases by allottees.--Notwithstanding paragraph 
     (1), an allottee may lease any interest in land held by the 
     allottee, together with any water right determined to be 
     appurtenant to the interest in land, in accordance with the 
     Tribal water code.
       (f) Tribal Water Leasing Regulations.--
       (1) In general.--At the discretion of the Fort Belknap 
     Indian Community, any water lease of the Fort Belknap Indian 
     Community of the Tribal water rights for use on or off the 
     Reservation shall not require the approval of the Secretary 
     if the lease--
       (A) is executed under tribal regulations, approved by the 
     Secretary under this subsection;
       (B) is in accordance with the Compact; and
       (C) does not exceed a term of 100 years, except that a 
     lease may include an option to renew for 1 additional term of 
     not to exceed 100 years.
       (2) Authority of the secretary over tribal water leasing 
     regulations.--
       (A) In general.--The Secretary shall have the authority to 
     approve or disapprove any Tribal water leasing regulations 
     issued in accordance with paragraph (1).
       (B) Considerations for approval.--The Secretary shall 
     approve any Tribal water leasing regulations issued in 
     accordance with paragraph (1) if the Tribal water leasing 
     regulations--
       (i) provide for an environmental review process that 
     includes--

       (I) the identification and evaluation of any significant 
     effects of the proposed action on the environment; and
       (II) a process for ensuring that--

       (aa) the public is informed of, and has a reasonable 
     opportunity to comment on, any significant environmental 
     impacts of the proposed action identified by the Fort Belknap 
     Indian Community; and
       (bb) the Fort Belknap Indian Community provides responses 
     to relevant and substantive public comments on those impacts 
     prior to its approval of a water lease; and
       (ii) are consistent with this division and the Compact.
       (3) Review process.--
       (A) In general.--Not later than 120 days after the date on 
     which Tribal water leasing regulations under paragraph (1) 
     are submitted to the Secretary, the Secretary shall review 
     and approve or disapprove the regulations.
       (B) Written documentation.--If the Secretary disapproves 
     the Tribal water leasing regulations described in 
     subparagraph (A), the Secretary shall include written 
     documentation with the disapproval notification that 
     describes the basis for this disapproval.
       (C) Extension.--The deadline described in subparagraph (A) 
     may be extended by the Secretary, after consultation with the 
     Fort Belknap Indian Community.
       (4) Federal environmental review.--Notwithstanding 
     paragraphs (2) and (3), if the Fort Belknap Indian Community 
     carries out a project or activity funded by a Federal agency, 
     the Fort Belknap Indian Community--
       (A) shall have the authority to rely on the environmental 
     review process of the applicable Federal agency; and
       (B) shall not be required to carry out a tribal 
     environmental review process under this subsection.
       (5) Documentation.--If the Fort Belknap Indian Community 
     issues a lease pursuant to Tribal water leasing regulations 
     under paragraph (1), the Fort Belknap Indian Community shall 
     provide the Secretary and the State a copy of the lease, 
     including any amendments or renewals to the lease.
       (6) Limitation of liability.--
       (A) In general.--The United States shall not be liable in 
     any claim relating to the negotiation, execution, or approval 
     of any lease or exchange agreement or storage agreement, 
     including any claims relating to the terms included in such 
     an agreement, made pursuant to Tribal water leasing 
     regulations under paragraph (1).
       (B) Obligations.--The United States shall have no trust 
     obligation or other obligation to monitor, administer, or 
     account for--
       (i) any funds received by the Fort Belknap Indian Community 
     as consideration under any lease or exchange agreement or 
     storage agreement; or
       (ii) the expenditure of those funds.
       (g) Tribal Water Code.--
       (1) In general.--Notwithstanding Article IV.A.2. of the 
     Compact, not later than 4 years after the date on which the 
     Fort Belknap Indian Community approves the Compact in 
     accordance with section

[[Page S2609]]

     6011(f)(1), the Fort Belknap Indian Community shall enact a 
     Tribal water code that provides for--
       (A) the management, regulation, and governance of all uses 
     of the Tribal water rights in accordance with the Compact and 
     this division; and
       (B) the establishment by the Fort Belknap Indian Community 
     of the conditions, permit requirements, and other 
     requirements for the allocation, distribution, or use of the 
     Tribal water rights in accordance with the Compact and this 
     division.
       (2) Inclusions.--Subject to the approval of the Secretary, 
     the Tribal water code shall provide--
       (A) that use of water by allottees shall be satisfied with 
     water from the Tribal water rights;
       (B) a process by which an allottee may request that the 
     Fort Belknap Indian Community provide water for irrigation 
     use in accordance with this division, including the provision 
     of water under any allottee lease under section 4 of the Act 
     of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
       (C) a due process system for the consideration and 
     determination by the Fort Belknap Indian Community of any 
     request of an allottee (or a successor in interest to an 
     allottee) for an allocation of water for irrigation purposes 
     on allotted land, including a process for--
       (i) appeal and adjudication of any denied or disputed 
     distribution of water; and
       (ii) resolution of any contested administrative decision;
       (D) a requirement that any allottee asserting a claim 
     relating to the enforcement of rights of the allottee under 
     the Tribal water code, including to the quantity of water 
     allocated to land of the allottee, shall exhaust all remedies 
     available to the allottee under Tribal law before initiating 
     an action against the United States or petitioning the 
     Secretary pursuant to subsection (d)(4)(B);
       (E) a process by which an owner of fee land within the 
     boundaries of the Reservation may apply for use of a portion 
     of the Tribal water rights; and
       (F) a process for the establishment of a controlled 
     Groundwater area and for the management of that area in 
     cooperation with establishment of a contiguous controlled 
     Groundwater area off the Reservation established pursuant to 
     Section B.2. of Article IV of the Compact and State law.
       (3) Action by secretary.--
       (A) In general.--During the period beginning on the date of 
     enactment of this Act and ending on the date on which a 
     Tribal water code described in paragraphs (1) and (2) is 
     enacted, the Secretary shall administer, with respect to the 
     rights of allottees, the Tribal water rights in accordance 
     with the Compact and this division.
       (B) Approval.--The Tribal water code described in 
     paragraphs (1) and (2) shall not be valid unless--
       (i) the provisions of the Tribal water code required by 
     paragraph (2) are approved by the Secretary; and
       (ii) each amendment to the Tribal water code that affects a 
     right of an allottee is approved by the Secretary.
       (C) Approval period.--
       (i) In general.--The Secretary shall approve or disapprove 
     the Tribal water code or an amendment to the Tribal water 
     code by not later than 180 days after the date on which the 
     Tribal water code or amendment to the Tribal water code is 
     submitted to the Secretary.
       (ii) Extensions.--The deadline described in clause (i) may 
     be extended by the Secretary, after consultation with the 
     Fort Belknap Indian Community.
       (h) Administration.--
       (1) No alienation.--The Fort Belknap Indian Community shall 
     not permanently alienate any portion of the Tribal water 
     rights.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this division for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this division shall be considered to satisfy any 
     requirement for authorization of the action required by 
     Federal law.
       (3) Prohibition on forfeiture.--The non-use of all or any 
     portion of the Tribal water rights by any water user shall 
     not result in the forfeiture, abandonment, relinquishment, or 
     other loss of all or any portion of the Tribal water rights.
       (i) Effect.--Except as otherwise expressly provided in this 
     section, nothing in this division--
       (1) authorizes any action by an allottee against any 
     individual or entity, or against the Fort Belknap Indian 
     Community, under Federal, State, Tribal, or local law; or
       (2) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.
       (j) Pick-Sloan Missouri River Basin Program Power Rates.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary, in cooperation with the Secretary of 
     Energy, shall make available the Pick-Sloan Missouri River 
     Basin Program irrigation project pumping power rates to the 
     Fort Belknap Indian Community, the Fort Belknap Indian 
     Irrigation Project, and any projects funded under this 
     division.
       (2) Authorized purposes.--The power rates made available 
     under paragraph (1) shall be authorized for the purposes of 
     wheeling, administration, and payment of irrigation project 
     pumping power rates, including project use power for gravity 
     power.

     SEC. 6006. EXCHANGE AND TRANSFER OF PUBLIC LAND INTO TRUST.

       (a) Exchange of Federal and State Land.--
       (1) Definitions.--In this subsection:
       (A) Public land.--The term ``public land'' means, as 
     applicable--
       (i) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)); and
       (ii) land managed by the Secretary of Agriculture under the 
     jurisdiction of the Forest Service.
       (B) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (i) the Secretary, with respect to the public land managed 
     by the Department of the Interior; and
       (ii) the Secretary of Agriculture, with respect to land 
     managed by the Forest Service.
       (2) Negotiations authorized.--
       (A) In general.--The Secretary concerned shall offer to 
     enter into negotiations with the State for the purpose of 
     exchanging Federal land described in paragraph (4) for the 
     State land described in paragraph (3).
       (B) Requirement.--Any exchange of land made pursuant to 
     this subsection shall be subject to the requirements of this 
     subsection.
       (C) Priority.--In carrying out this paragraph, the 
     Secretary concerned shall, during the 5-year period beginning 
     on the date of enactment of this Act, give priority to an 
     exchange of public land located within the State for trust 
     land owned by the State.
       (3) State land.--The Secretary concerned is authorized to 
     accept the following parcels of land owned by the State 
     located on and off of the Reservation:
       (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
       (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
       (C) 640 acres in T. 27 N., R. 21 E., sec. 36.
       (D) 640 acres in T. 26 N., R. 23 E., sec. 16.
       (E) 640 acres in T. 26 N., R. 23 E., sec. 36.
       (F) 640 acres in T. 26 N., R. 26 E., sec. 16.
       (G) 640 acres in T. 26 N., R. 22 E., sec. 36.
       (H) 640 acres in T. 27 N., R. 23 E., sec. 16.
       (I) 640 acres in T. 27 N., R. 25 E., sec. 36.
       (J) 640 acres in T. 28 N., R. 22 E., sec. 36.
       (K) 640 acres in T. 28 N., R. 23 E., sec. 16.
       (L) 640 acres in T. 28 N., R. 24 E., sec. 36.
       (M) 640 acres in T. 28 N., R. 25 E., sec. 16.
       (N) 640 acres in T. 28 N., R. 25 E., sec. 36.
       (O) 640 acres in T. 28 N., R. 26 E., sec. 16.
       (P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease 
     by the Fort Belknap Indian Community Council on the date of 
     enactment of this Act, comprised of--
       (i) 30.68 acres in lot 5;
       (ii) 26.06 acres in lot 6;
       (iii) 21.42 acres in lot 7; and
       (iv) 16.8 acres in lot 8.
       (Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding 
     the 73.36 acres under lease by individuals who are not 
     members of the Fort Belknap Indian Community, on the date of 
     enactment of this Act.
       (R) 640 acres in T. 29 N., R. 22 E., sec. 36.
       (S) 640 acres in T. 29 N., R. 23 E., sec. 16.
       (T) 640 acres in T. 29 N., R. 24 E., sec. 16.
       (U) 640 acres in T. 29 N., R. 24 E., sec. 36.
       (V) 640 acres in T. 29 N., R. 25 E., sec. 16.
       (W) 640 acres in T. 29 N., R. 25 E., sec. 36.
       (X) 640 acres in T. 29 N., R. 26 E., sec. 16.
       (Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding 
     the 58.72 acres under lease by individuals who are not 
     members of the Fort Belknap Indian Community on the date of 
     enactment of this Act.
       (Z) 640 acres in T. 30 N., R. 22 E., sec. 36.
       (AA) 640 acres in T. 30 N., R. 23 E., sec. 16.
       (BB) 640 acres in T. 30 N., R. 23 E., sec. 36.
       (CC) 640 acres in T. 30 N., R. 24 E., sec. 16.
       (DD) 640 acres in T. 30 N., R. 24 E., sec. 36.
       (EE) 640 acres in T. 30 N., R. 25 E., sec. 16.
       (FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under 
     lease by the Fort Belknap Indian Community Council on the 
     date of enactment of this Act.
       (GG) 640 acres in T. 31 N., R. 22 E., sec. 36.
       (HH) 640 acres in T. 31 N., R. 23 E., sec. 16.
       (II) 640 acres in T. 31 N., R. 23 E., sec. 36.
       (JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4.
       (4) Federal land.--Subject to valid existing rights, and 
     the requirements of this subsection, the Secretary concerned 
     is authorized to convey to the State any public land within 
     the State, except for land that is included within the 
     National Landscape Conservation System established by section 
     2002(a) of the Omnibus Public Land Management Act of 2009 (16 
     U.S.C. 7202(a)), without regard to whether that land has been 
     identified as available for disposal in a land use plan.
       (5) Land into trust.--On completion of the land exchange 
     authorized by this subsection, the Secretary shall, as soon 
     as practicable after the enforceability date, take the land 
     received by the United States pursuant to this subsection 
     into trust for the benefit of the Fort Belknap Indian 
     Community.
       (6) Terms and conditions.--
       (A) Equal value.--The values of the Federal land and State 
     land exchanged under this subsection shall be equal, except 
     that the Secretary concerned may--
       (i) exchange land that is of approximately equal value if 
     such an exchange complies with the requirements of section 
     206(h) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1716(h)) (and any regulations implementing that 
     section) without regard to the monetary limitation described 
     in paragraph (1)(A) of that section; and
       (ii) make or accept an equalization payment, or waive an 
     equalization payment, if such a payment or waiver of a 
     payment complies with the requirements of section 206(b)

[[Page S2610]]

     of that Act (43 U.S.C. 1716(b)) (and any regulations 
     implementing that section).
       (B) Impacts on local governments.--In selecting public land 
     to offer to the State, the Secretary concerned may--
       (i) consider the financial impacts of exchanging specific 
     Federal land on local governments; and
       (ii) attempt to minimize the financial impact of the 
     exchange on local governments.
       (C) Existing authorizations.--
       (i) Federal land transferred to the state.--

       (I) In general.--Any Federal land transferred to the State 
     under this subsection shall be conveyed subject to any valid 
     existing rights, contracts, leases, permits, and rights-of-
     way, unless the holder of the right, contract, lease, permit, 
     or right-of-way requests an earlier termination in accordance 
     with existing law.
       (II) Assumption by state.--The State shall assume all 
     benefits and obligations of the Forest Service or the Bureau 
     of Land Management, as applicable, under the existing rights, 
     contracts, leases, permits, and rights-of-way described in 
     subclause (I).

       (ii) State land transferred to the united states.--

       (I) In general.--Any State land transferred to the United 
     States under this subsection shall be conveyed and taken into 
     trust for the benefit of the Fort Belknap Indian Community 
     subject to any valid existing rights, contracts, leases, 
     permits, and rights-of-way, unless the holder of the right, 
     contract, lease, permit, or right-of-way requests an earlier 
     termination in accordance with existing law.
       (II) Assumption by bia.--The Bureau of Indian Affairs 
     shall--

       (aa) assume all benefits and obligations of the State under 
     the existing rights, contracts, leases, permits, and rights-
     of-way described in subclause (I); and
       (bb) disburse to the Fort Belknap Indian Community any 
     amounts that accrue to the United States from those rights, 
     contracts, leases, permits, and rights-of-way, after the date 
     of transfer from any sale, bonus, royalty, or rental relating 
     to that land in the same manner as amounts received from 
     other land held by the Secretary in trust for the benefit of 
     the Fort Belknap Indian Community.
       (D) Personal property.--
       (i) In general.--Any improvements constituting personal 
     property, as defined by State law, belonging to the holder of 
     a right, contract, lease, permit, or right-of-way on land 
     transferred to the United States under this subsection 
     shall--

       (I) remain the property of the holder; and
       (II) be removed not later than 90 days after the date on 
     which the right, contract, lease, permit, or right-of-way 
     expires, unless the Fort Belknap Indian Community and the 
     holder agree otherwise.

       (ii) Remaining property.--Any personal property described 
     in clause (i) remaining with the holder described in that 
     clause beyond the 90-day period described in subclause (II) 
     of that clause shall--

       (I) become the property of the Fort Belknap Indian 
     Community; and
       (II) be subject to removal and disposition at the 
     discretion of the Fort Belknap Indian Community.

       (iii) Liability of previous holder.--The holder of personal 
     property described in clause (i) shall be liable for costs 
     incurred by the Fort Belknap Indian Community in removing and 
     disposing of the personal property under clause (ii)(II).
       (7) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of land owned by the State under 
     paragraph (3), the State may, with the consent of the Fort 
     Belknap Indian Community, make technical corrections to the 
     legal land descriptions to more specifically identify the 
     State parcels to be exchanged.
       (8) Assistance.--The Secretary shall provide $10,000,000 of 
     financial or other assistance to the State and the Fort 
     Belknap Indian Community as may be necessary to obtain the 
     appraisals, and to satisfy administrative requirements, 
     necessary to accomplish the exchanges under paragraph (2).
       (b) Federal Land Transfers.--
       (1) In general.--Subject to valid existing rights and the 
     requirements of this subsection, all right, title, and 
     interest of the United States in and to the land described in 
     paragraph (2) shall be held by the United States in trust for 
     the benefit of the Fort Belknap Indian Community as part of 
     the Reservation on the enforceability date.
       (2) Federal land.--
       (A) Bureau of land management parcels.--
       (i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised 
     of--

       (I) 19.55 acres in lot 10;
       (II) 19.82 acres in lot 11; and
       (III) 20.09 acres in lot 16.

       (ii) 324.24 acres in the N\1/2\ of T. 25 N., R. 22 E., sec. 
     5.
       (iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised 
     of--

       (I) 20.39 acres in lot 2;
       (II) 20.72 acres in lot 7;
       (III) 21.06 acres in lot 8;
       (IV) 40.00 acres in lot 9;
       (V) 40.00 acres in lot 10;
       (VI) 40.00 acres in lot 11;
       (VII) 40.00 acres in lot 12;
       (VIII) 21.39 acres in lot 13; and
       (IX) 160 acres in SW\1/4\.

       (iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised 
     of--

       (I) 18.06 acres in lot 5;
       (II) 18.25 acres in lot 6;
       (III) 18.44 acres in lot 7; and
       (IV) 15.88 acres in lot 8.

       (v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised 
     of--

       (I) 17.65 acres in lot 5;
       (II) 17.73 acres in lot 6;
       (III) 17.83 acres in lot 7; and
       (IV) 17.91 acres in lot 8.

       (vi) 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised 
     of--

       (I) 21.56 acres in lot 6;
       (II) 29.50 acres in lot 7;
       (III) 17.28 acres in lot 8;
       (IV) 17.41 acres in lot 9; and
       (V) 17.54 acres in lot 10.

       (vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised 
     of--

       (I) 80 acres in the S\1/2\ of the NW\1/4\ ; and
       (II) 80 acres in the W\1/2\ of the SW\1/4\.

       (viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2, 
     comprised of--

       (I) 82.54 acres in the E\1/2\ of the NW\1/4\;
       (II) 164.96 acres in the NE\1/4\; and
       (III) 320 acres in the S\1/2\.

       (ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised 
     of--

       (I) 40 acres in the SE\1/4\ of the NW\1/4\;
       (II) 160 acres in the SW\1/4\; and
       (III) 40 acres in the SW\1/4\ of the SE\1/4\.

       (x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of--

       (I) 80 acres in the E\1/2\ of the SE\1/4\; and
       (II) 40 acres in the NW\1/4\ of the SE\1/4\.

       (xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised 
     of--

       (I) 160 acres in the SW\1/4\; and
       (II) 40 acres in the SW\1/4\ of the NW\1/4\.

       (xii) 40 acres in the SE\1/4\ of the SE\1/4\ of T. 26 N., 
     R. 21 E., sec. 6.
       (xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised 
     of--

       (I) 40 acres in the NE\1/4\ of the SW\1/4\;
       (II) 160 acres in the NW\1/4\; and
       (III) 40 acres in the NW\1/4\ of the SE\1/4\.

       (xiv) 320 acres in the E\1/2\ of T. 26 N., R. 21 E., sec. 
     9.
       (xv) 640 acres in T. 26 N., R. 21 E., sec. 10.
       (xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised 
     of--

       (I) 320 acres in the N\1/2\;
       (II) 80 acres in the N\1/2\ of the SE\1/4\;
       (III) 160 acres in the SW\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the SE\1/4\.

       (xvii) 525.81 acres in T. 26 N., R. 22 E., sec. 21, 
     comprised of--

       (I) 6.62 acres in lot 1;
       (II) 5.70 acres in lot 2;
       (III) 56.61 acres in lot 5;
       (IV) 56.88 acres in lot 6;
       (V) 320 acres in the W\1/2\; and
       (VI) 80 acres in the W\1/2\ of the SE\1/4\.

       (xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28.
       (xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised 
     of--

       (I) 320 acres in the N\1/2\;
       (II) 160 acres in the N\1/2\ of the S\1/2\; and
       (III) 80 acres in the S\1/2\ of the SE\1/4\.

       (xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised 
     of--

       (I) 320 acres in the S\1/2\; and
       (II) 80 acres in the S\1/2\ of the NW\1/4\.

       (xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33, 
     comprised of--

       (I) 58.25 acres in lot 3;
       (II) 58.5 acres in lot 4;
       (III) 58.76 acres in lot 5;
       (IV) 40 acres in the NW\1/4\ of the NE\1/4\;
       (V) 160 acres in the SW\1/4\; and
       (VI) 80 acres in the W\1/2\ of the SE\1/4\.

       (xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised 
     of--

       (I) 24.36 acres in lot 1;
       (II) 24.35 acres in lot 2; and
       (III) 40 acres in the SW\1/4\ of the SW\1/4\.

       (xxiii) 80 acres in T. 27 N., R. 21 E., sec. 3, comprised 
     of--

       (I) 40 acres in lot 11; and
       (II) 40 acres in lot 12.

       (xxiv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised 
     of--

       (I) 40 acres in the NW\1/4\ of the SW\1/4\; and
       (II) 40 acres in the SW\1/4\ of the NW\1/4\.

       (xxv) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the SW\1/4\;
       (II) 40 acres in the NW\1/4\ of the NW\1/4\; and
       (III) 80 acres in the S\1/2\ of the NW\1/4\.

       (xxvi) 40 acres in the SE\1/4\ of the NE\1/4\ of T. 27 N., 
     R. 21 E., sec. 23.
       (xxvii) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NW\1/4\;
       (II) 160 acres in the NE\1/4\;
       (III) 40 acres in the NE\1/4\ of the SE\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the SW\1/4\.

       (xxviii) 120 acres in T. 27 N., R. 21 E., sec. 25, 
     comprised of--

       (I) 80 acres in the S\1/2\ of the NE\1/4\; and
       (II) 40 acres in the SE\1/4\ of the NW\1/4\.

       (xxix) 40 acres in the NE\1/4\ of the SE\1/4\ of T. 27 N., 
     R. 21 E., sec. 26.
       (xxx) 160 acres in the NW\1/4\ of T. 27 N., R. 21 E., sec. 
     27.
       (xxxi) 40 acres in the SW\1/4\ of the SW\1/4\ of T. 27 N., 
     R. 21 E., sec. 29.
       (xxxii) 40 acres in the SW\1/4\ of the NE\1/4\ of T. 27 N., 
     R. 21 E., sec 30.
       (xxxiii) 120 acres in T. 27 N., R. 21 E., sec. 33, 
     comprised of--

       (I) 40 acres in the SE\1/4\ of the NE\1/4\; and
       (II) 80 acres in the N\1/2\ of the SE\1/4\.

       (xxxiv) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised 
     of--

       (I) 160 acres in the N\1/2\ of the S\1/2\;
       (II) 160 acres in the NE\1/4\;
       (III) 80 acres in the S\1/2\ of the NW\1/4\; and
       (IV) 40 acres in the SE\1/4\ of the SE\1/4\.

       (xxxv) 133.44 acres in T. 27 N., R. 22 E., sec. 4, 
     comprised of--

       (I) 28.09 acres in lot 5;

[[Page S2611]]

       (II) 25.35 acres in lot 6;
       (III) 40 acres in lot 10; and
       (IV) 40 acres in lot 15.

       (xxxvi) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised 
     of--

       (I) 40 acres in the NE\1/4\ of the NE\1/4\;
       (II) 40 acres in the NW\1/4\ of the SW\1/4\; and
       (III) 80 acres in the W\1/2\ of the NW\1/4\.

       (xxxvii) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NW\1/4\; and
       (II) 40 acres in the NE\1/4\ of the SW\1/4\.

       (xxxviii) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 27 
     N., R. 22 E., sec. 9.
       (xxxix) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 27 N., 
     R. 22 E., sec. 17.
       (xl) 40 acres in the NW\1/4\ of the NW\1/4\ of T. 27 N., R. 
     22 E., sec. 19.
       (xli) 40 acres in the SE\1/4\ of the NW\1/4\ of T. 27 N., 
     R22 E., sec. 20.
       (xlii) 80 acres in the W\1/2\ of the SE\1/4\ of T. 27 N., 
     R. 22 E., sec. 31.
       (xliii) 52.36 acres in the SE\1/4\ of the SE\1/4\ of T. 27 
     N., R. 22 E., sec. 33.
       (xliv) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 28 N., 
     R. 22 E., sec. 29.
       (xlv) 40 acres in the NE\1/4\ of the NE\1/4\ of T. 26 N., 
     R. 21 E., sec. 7.
       (xlvi) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 26 N., 
     R. 21 E., sec. 12.
       (xlvii) 42.38 acres in the NW\1/4\ of the NE\1/4\ of T. 26 
     N., R. 22 E., sec. 6.
       (xlviii) 320 acres in the E\1/2\ of T. 26 N., R. 22 E., 
     sec. 17.
       (xlix) 80 acres in the E\1/2\ of the NE\1/4\ of T. 26 N., 
     R. 22 E., sec. 20.
       (l) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NE\1/4\;
       (II) 80 acres in the N\1/2\ of the SE\1/4\;
       (III) 40 acres in the SE\1/4\ of the NW\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the NE\1/4\.

       (B) Bureau of indian affairs.--The parcels of approximately 
     3,519.3 acres of trust land that have been converted to fee 
     land, judicially foreclosed on, acquired by the Department of 
     Agriculture, and transferred to the Bureau of Indian Affairs, 
     described in clauses (i) through (iii).
       (i) Parcel 1.--The land described in this clause is 640 
     acres in T. 29 N., R. 26 E., comprised of--

       (I) 160 acres in the SW\1/4\ of sec. 27;
       (II) 160 acres in the NE\1/4\ of sec. 33; and
       (III) 320 acres in the W\1/2\ of sec. 34.

       (ii) Parcel 2.--The land described in this clause is 320 
     acres in the N\1/2\ of T. 30 N., R. 23 E., sec. 28.
       (iii) Parcel 3.--The land described in this clause is 
     2,559.3 acres, comprised of--

       (I) T. 28 N., R. 24 E., including--

       (aa) of sec. 16--
       (AA) 5 acres in the E\1/2\, W\1/2\, E\1/2\, W\1/2\, W\1/2\, 
     NE\1/4\;
       (BB) 10 acres in the E\1/2\ , E\1/2\, W\1/2\, W\1/2\, NE\1/
     4\;
       (CC) 40 acres in the E\1/2\, W\1/2\, NE\1/4\;
       (DD) 40 acres in the W\1/2\, E\1/2\, NE\1/4\;
       (EE) 20 acres in the W\1/2\, E\1/2\, E\1/2\, NE\1/4\;
       (FF) 5 acres in the W\1/2\, W\1/2\, E\1/2\, E\1/2\, E\1/2\, 
     NE\1/4\; and
       (GG) 160 acres in the SE\1/4\;
       (bb) 640 acres in sec. 21;
       (cc) 320 acres in the S\1/2\ of sec. 22; and
       (dd) 320 acres in the W\1/2\ of sec. 27;

       (II) T. 29 N., R. 25 E., PMM, including--

       (aa) 320 acres in the S\1/2\ of sec. 1; and
       (bb) 320 acres in the N\1/2\ of sec. 12;

       (III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2;
       (IV) T. 30 N., R. 26 E., PMM, including--

       (aa) 39.4 acres in sec. 3, lot 2;
       (bb) 40 acres in the SW\1/4\ of the SW\1/4\ of sec. 4;
       (cc) 80 acres in the E\1/2\ of the SE\1/4\ of sec. 5;
       (dd) 80 acres in the S\1/2\ of the SE\1/4\ of sec. 7; and
       (ee) 40 acres in the N\1/2\, N\1/2\, NE\1/4\ of sec. 18; 
     and

       (V) 40 acres in T. 31 N., R. 26 E., PMM, the NW\1/4\ of the 
     SE\1/4\ of sec. 31.

       (3) Terms and conditions.--
       (A) Existing authorizations.--
       (i) In general.--Federal land transferred under this 
     subsection shall be conveyed and taken into trust subject to 
     valid existing rights, contracts, leases, permits, and 
     rights-of-way, unless the holder of the right, contract, 
     lease, permit, and rights-of-way requests an earlier 
     termination in accordance with existing law.
       (ii) Assumption by bia.--The Bureau of Indian Affairs 
     shall--

       (I) assume all benefits and obligations of the previous 
     land management agency under the existing rights, contracts, 
     leases, permits, and rights-of-way described in clause (i); 
     and
       (II) disburse to the Fort Belknap Indian Community any 
     amounts that accrue to the United States from those rights, 
     contracts, leases, permits, and rights-of-ways after the date 
     of transfer from any sale, bonus, royalty, or rental relating 
     to that land in the same manner as amounts received from 
     other land held by the Secretary in trust for the Fort 
     Belknap Indian Community.

       (B) Personal property.--
       (i) In general.--Any improvements constituting personal 
     property, as defined by State law, belonging to the holder of 
     a right, contract, lease, permit, or right-of-way on land 
     transferred under this subsection shall--

       (I) remain the property of the holder; and
       (II) be removed from the land not later than 90 days after 
     the date on which the right, contract, lease, permit, or 
     right-of-way expires, unless the Fort Belknap Indian 
     Community and the holder agree otherwise.

       (ii) Remaining property.--Any personal property described 
     in clause (i) remaining with the holder described in that 
     clause beyond the 90-day period described in subclause (II) 
     of that clause shall--

       (I) become the property of the Fort Belknap Indian 
     Community; and
       (II) be subject to removal and disposition at the 
     discretion of the Fort Belknap Indian Community.

       (iii) Liability of previous holder.--The holder of personal 
     property described in clause (i) shall be liable to the Fort 
     Belknap Indian Community for costs incurred by the Fort 
     Belknap Indian Community in removing and disposing of the 
     property under clause (ii)(II).
       (C) Existing roads.--If any road within the Federal land 
     transferred under this subsection is necessary for customary 
     access to private land, the Bureau of Indian Affairs shall 
     offer the owner of the private land to apply for a right-of-
     way along the existing road, at the expense of the landowner.
       (D) Limitation on the transfer of water rights.--Water 
     rights that transfer with the land described in paragraph (2) 
     shall not become part of the Tribal water rights.
       (4) Withdrawal of federal land.--
       (A) In general.--Subject to valid existing rights, 
     effective on the date of enactment of this Act, all Federal 
     land within the parcels described in paragraph (2) is 
     withdrawn from all forms of--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (B) Expiration.--The withdrawals pursuant to subparagraph 
     (A) shall terminate on the date that the Secretary takes the 
     land into trust for the benefit of the Fort Belknap Indian 
     Community pursuant to paragraph (1).
       (C) No new reservation of federal water rights.--Nothing in 
     this paragraph establishes a new reservation in favor of the 
     United States or the Fort Belknap Indian Community with 
     respect to any water or water right on the land withdrawn by 
     paragraph (2).
       (5) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of Federal land in paragraph (2), 
     the United States may, with the consent of the Fort Belknap 
     Indian Community, make technical corrections to the legal 
     land descriptions to more specifically identify the parcels.
       (6) Survey.--
       (A) In general.--Unless the United States or the Fort 
     Belknap Indian Community request an additional survey for the 
     transferred land or a technical correction is made under 
     paragraph (5), the description of land under this subsection 
     shall be controlling.
       (B) Additional survey.--If the United States or the Fort 
     Belknap Indian Community requests an additional survey, that 
     survey shall control the total acreage to be transferred into 
     trust under this subsection.
       (C) Assistance.--The Secretary shall provide such financial 
     or other assistance as may be necessary--
       (i) to conduct additional surveys under this subsection; 
     and
       (ii) to satisfy administrative requirements necessary to 
     accomplish the land transfers under this subsection.
       (7) Date of transfer.--The Secretary shall complete all 
     land transfers under this subsection and shall take the land 
     into trust for the benefit of the Fort Belknap Indian 
     Community as expeditiously as practicable after the 
     enforceability date, but not later than 10 years after the 
     enforceability date.
       (c) Tribally Owned Fee Land.--Not later than 10 years after 
     the enforceability date, the Secretary shall take into trust 
     for the benefit of the Fort Belknap Indian Community all fee 
     land owned by the Fort Belknap Indian Community on or 
     adjacent to the Reservation to become part of the 
     Reservation, provided that--
       (1) the land is free from any liens, encumbrances, or other 
     infirmities; and
       (2) no evidence exists of any hazardous substances on, or 
     other environmental liability with respect to, the land.
       (d) Dodson Land.--
       (1) In general.--Subject to paragraph (2), as soon as 
     practicable after the enforceability date, but not later than 
     10 years after the enforceability date, the Dodson Land 
     described in paragraph (3) shall be taken into trust by the 
     United States for the benefit of the Fort Belknap Indian 
     Community as part of the Reservation.
       (2) Restrictions.--The land taken into trust under 
     paragraph (1) shall be subject to a perpetual easement, 
     reserved by the United States for use by the Bureau of 
     Reclamation, its contractors, and its assigns for--
       (A) the right of ingress and egress for Milk River Project 
     purposes;
       (B) the right to--
       (i) seep, flood, and overflow the transferred land for Milk 
     River Project purposes;
       (ii) conduct routine and non-routine operation, 
     maintenance, and replacement activities on the Milk River 
     Project facilities, including modification to the headworks 
     at the upstream end of the Dodson South Canal in support of 
     Dodson South Canal enlargement, to include all associated 
     access, construction, and material storage necessary to 
     complete those activities; and
       (iii) prohibit the construction of permanent structures on 
     the transferred land, except--

[[Page S2612]]

       (I) as provided in the cooperative agreement under 
     paragraph (4); and
       (II) to meet the requirements of the Milk River Project.

       (3) Description of dodson land.--
       (A) In general.--The Dodson Land referred to in paragraphs 
     (1) and (2) is the approximately 2,500 acres of land owned by 
     the United States that is, as of the date of enactment of 
     this Act, under the jurisdiction of the Bureau of Reclamation 
     and located at the northeastern corner of the Reservation 
     (which extends to the point in the middle of the main channel 
     of the Milk River), where the Milk River Project facilities, 
     including the Dodson Diversion Dam, headworks to the Dodson 
     South Canal, and Dodson South Canal, are located, and more 
     particularly described as follows:
       (i) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 
     and 2.
       (ii) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13.
       (iii) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 
     18, 19, 20, and 29.
       (iv) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 
     26, 27, 35, and 36.
       (B) Clarification.--The supplemental plats described in 
     clauses (i) through (iv) of subparagraph (A) are official 
     plats, as documented by retracement boundary surveys of the 
     General Land Office, approved on March 11, 1938, and on 
     record at the Bureau of Land Management.
       (C) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of Federal land in subparagraph 
     (A), the United States may, with the consent of the Fort 
     Belknap Indian Community, make technical corrections to the 
     legal land descriptions to more specifically identify the 
     parcels to be transferred.
       (4) Cooperative agreement.--Not later than 3 years after 
     the enforceability date, the Bureau of Reclamation, the Malta 
     Irrigation District, the Bureau of Indian Affairs, and the 
     Fort Belknap Indian Community shall negotiate and enter into 
     a cooperative agreement that identifies the uses to which the 
     Fort Belknap Indian Community may put the land described in 
     paragraph (3), provided that the cooperative agreement may be 
     amended by mutual agreement of the Fort Belknap Indian 
     Community, Bureau of Reclamation, the Malta Irrigation 
     District, and the Bureau of Indian Affairs, including to 
     modify the perpetual easement to narrow the boundaries of the 
     easement or to terminate the perpetual easement and 
     cooperative agreement.
       (e) Land Status.--All land held in trust by the United 
     States for the benefit of the Fort Belknap Indian Community 
     under this section shall be--
       (1) beneficially owned by the Fort Belknap Indian 
     Community; and
       (2) part of the Reservation and administered in accordance 
     with the laws and regulations generally applicable to land 
     held in trust by the United States for the benefit of an 
     Indian Tribe.

     SEC. 6007. STORAGE ALLOCATION FROM LAKE ELWELL.

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

     SEC. 6008. MILK RIVER PROJECT MITIGATION.

       (a) In General.--In complete satisfaction of the Milk River 
     Project mitigation requirements provided for in Article VI.B. 
     of the Compact, the Secretary, acting through the 
     Commissioner--
       (1) in cooperation with the State and the Blackfeet Tribe, 
     shall carry out appropriate activities concerning the 
     restoration of the St. Mary Canal and associated facilities, 
     including activities relating to the--
       (A) planning and design to restore the St. Mary Canal and 
     appurtenances to convey 850 cubic-feet per second; and
       (B) rehabilitating, constructing, and repairing of the St. 
     Mary Canal and appurtenances; and
       (2) in cooperation with the State and the Fort Belknap 
     Indian Community, shall carry out appropriate activities 
     concerning the enlargement of Dodson South Canal and 
     associated facilities, including activities relating to the--
       (A) planning and design to enlarge Dodson South Canal and 
     headworks at the upstream end of Dodson South Canal to divert 
     and convey 700 cubic-feet per second; and
       (B) rehabilitating, constructing, and enlarging the Dodson 
     South Canal and headworks at the upstream end of Dodson South 
     Canal to divert and convey 700 cubic-feet per second.
       (b) Funding.--The total amount of obligations incurred by 
     the Secretary, prior to any adjustments provided for in 
     section 6014(b), shall not exceed $300,000,000 to carry out 
     activities described in subsection (c)(1)
       (c) Satisfaction of Mitigation Requirement.--
     Notwithstanding any provision of the Compact, the mitigation 
     required by Article VI.B. of the Compact shall be deemed 
     satisfied if--
       (1) the Secretary has--
       (A) restored the St. Mary Canal and associated facilities 
     to convey 850 cubic-feet per second; and
       (B) enlarged the Dodson South Canal and headworks at the 
     upstream end of Dodson South Canal to divert and convey 700 
     cubic-feet per second; or
       (2) the Secretary--
       (A) has expended all of the available funding provided 
     pursuant to section 6014(a)(1)(D) to rehabilitate the St Mary 
     Canal and enlarge the Dodson South Canal; and
       (B) despite diligent efforts, could not complete the 
     activities described in subsection (a).
       (d) Nonreimbursability of Costs.--The costs to the 
     Secretary of carrying out this section shall be 
     nonreimbursable.

[[Page S2613]]

  


     SEC. 6009. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary, acting through the Assistant 
     Secretary for Indian Affairs, shall rehabilitate, modernize, 
     and expand the Fort Belknap Indian Irrigation Project, which 
     shall include--
       (1) planning, studies, and designing of the existing and 
     expanded Milk River unit, including the Pumping Plant, 
     delivery pipe and canal, Fort Belknap Dam and Reservoir, and 
     Peoples Creek Flood Protection Project;
       (2) the rehabilitation, modernization, and construction of 
     the existing Milk River unit; and
       (3) construction of the expanded Milk River Project, 
     including the Pumping Plant, delivery pipe and canal, Fort 
     Belknap Dam and Reservoir, and Peoples Creek Flood Protection 
     Project.
       (b) Lead Agency.--The Bureau of Indian Affairs shall serve 
     as the lead agency with respect to any activities carried out 
     under this section.
       (c) Consultation With the Fort Belknap Indian Community.--
     The Secretary shall consult with the Fort Belknap Indian 
     Community on appropriate changes to the final design and 
     costs of any activity under this section.
       (d) Funding.--The total amount of obligations incurred by 
     the Secretary in carrying out this section, prior to any 
     adjustment provided for in section 6014(b), shall not exceed 
     $415,832,153.
       (e) Nonreimbursability of Costs.--All costs incurred by the 
     Secretary in carrying out this section shall be 
     nonreimbursable.
       (f) Administration.--The Assistant Secretary of Indian 
     Affairs and the Fort Belknap Indian Community shall negotiate 
     the cost of any oversight activity carried out by the Bureau 
     of Indian Affairs under any agreement entered into under 
     subsection (i), subject to the condition that the total cost 
     for the oversight shall not exceed 3 percent of the total 
     project costs for each project.
       (g) Project Efficiencies.--If the total cost of planning, 
     studies, design, rehabilitation, modernization, and 
     construction activities relating to the projects described in 
     subsection (a) results in cost savings and is less than the 
     amounts authorized to be obligated, the Secretary, at the 
     request of the Fort Belknap Indian Community, shall deposit 
     those savings in the Fort Belknap Indian Community Water 
     Resources and Water Rights Administration, Operation, and 
     Maintenance Account established under section 6012(b)(2).
       (h) Treatment.--Any activities carried out pursuant to this 
     section that result in improvements, additions, or 
     modifications to the Fort Belknap Indian Irrigation Project 
     shall--
       (1) become a part of the Fort Belknap Indian Irrigation 
     Project; and
       (2) be recorded in the inventory of the Secretary relating 
     to the Fort Belknap Indian Irrigation Project.
       (i) Applicability of ISDEAA.--At the request of the Fort 
     Belknap Indian Community, and in accordance with the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5301 et seq.), the Secretary shall enter into agreements with 
     the Fort Belknap Indian Community to carry out all or a 
     portion of this section.
       (j) Effect.--Nothing in this section--
       (1) alters any applicable law under which the Bureau of 
     Indian Affairs collects assessments or carries out the 
     operations and maintenance of the Fort Belknap Indian 
     Irrigation Project; or
       (2) impacts the availability of amounts under section 6014.
       (k) Satisfaction of Fort Belknap Indian Irrigation Project 
     System Requirement.--The obligations of the Secretary under 
     subsection (a) shall be deemed satisfied if--
       (1) the Secretary has rehabilitated, modernized, and 
     expanded the Fort Belknap Indian Irrigation Project in 
     accordance with subsection (a); or
       (2) the Secretary--
       (A) has expended all of the available funding provided 
     pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 
     6014(a); and
       (B) despite diligent efforts, could not complete the 
     activities described in subsection (a).

     SEC. 6010. SATISFACTION OF CLAIMS.

       (a) In General.--The benefits provided under this division 
     shall be in complete replacement of, complete substitution 
     for, and full satisfaction of any claim of the Fort Belknap 
     Indian Community against the United States that is waived and 
     released by the Fort Belknap Indian Community under section 
     6011(a).
       (b) Allottees.--The benefits realized by the allottees 
     under this division shall be in complete replacement of, 
     complete substitution for, and full satisfaction of--
       (1) all claims waived and released by the United States 
     (acting as trustee for the allottees) under section 
     6011(a)(2); and
       (2) any claims of the allottees against the United States 
     similar to the claims described in section 6011(a)(2) that 
     the allottee asserted or could have asserted.

     SEC. 6011. WAIVERS AND RELEASES OF CLAIMS.

       (a) In General.--
       (1) Waiver and release of claims by the fort belknap indian 
     community and united states as trustee for the fort belknap 
     indian community.--Subject to the reservation of rights and 
     retention of claims under subsection (d), as consideration 
     for recognition of the Tribal water rights and other benefits 
     described in the Compact and this division, the Fort Belknap 
     Indian Community, acting on behalf of the Fort Belknap Indian 
     Community and members of the Fort Belknap Indian Community 
     (but not any member of the Fort Belknap Indian Community as 
     an allottee), and the United States, acting as trustee for 
     the Fort Belknap Indian Community and the members of the Fort 
     Belknap Indian Community (but not any member of the Fort 
     Belknap Indian Community as an allottee), shall execute a 
     waiver and release of all claims for water rights within the 
     State that the Fort Belknap Indian Community, or the United 
     States acting as trustee for the Fort Belknap Indian 
     Community, asserted or could have asserted in any proceeding, 
     including a State stream adjudication, on or before the 
     enforceability date, except to the extent that such rights 
     are recognized in the Compact and this division.
       (2) Waiver and release of claims by the united states as 
     trustee for allottees.--Subject to the reservation of rights 
     and the retention of claims under subsection (d), as 
     consideration for recognition of the Tribal water rights and 
     other benefits described in the Compact and this division, 
     the United States, acting as trustee for the allottees, shall 
     execute a waiver and release of all claims for water rights 
     within the Reservation that the United States, acting as 
     trustee for the allottees, asserted or could have asserted in 
     any proceeding, including a State stream adjudication, on or 
     before the enforceability date, except to the extent that 
     such rights are recognized in the Compact and this division.
       (3) Waiver and release of claims by the fort belknap indian 
     community against the united states.--Subject to the 
     reservation of rights and retention of claims under 
     subsection (d), the Fort Belknap Indian Community, acting on 
     behalf of the Fort Belknap Indian Community and members of 
     the Fort Belknap Indian Community (but not any member of the 
     Fort Belknap Indian Community as an allottee), shall execute 
     a waiver and release of all claims against the United States 
     (including any agency or employee of the United States)--
       (A) first arising before the enforceability date relating 
     to--
       (i) water rights within the State that the United States, 
     acting as trustee for the Fort Belknap Indian Community, 
     asserted or could have asserted in any proceeding, including 
     a general stream adjudication in the State, except to the 
     extent that such rights are recognized as Tribal water rights 
     under this division;
       (ii) foregone benefits from nontribal use of water, on and 
     off the Reservation (including water from all sources and for 
     all uses);
       (iii) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights, 
     including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion of, 
     or taking of water, or claims relating to a failure to 
     protect, acquire, replace, or develop water, water rights, or 
     water infrastructure) within the State;
       (iv) a failure to establish or provide a municipal rural or 
     industrial water delivery system on the Reservation;
       (v) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of the Fort Belknap Indian Irrigation Project and 
     other Federal land and facilities (including damages, losses, 
     or injuries to Tribal fisheries, fish habitat, wildlife, and 
     wildlife habitat);
       (vi) a failure to provide for operation and maintenance, or 
     deferred maintenance, for the Fort Belknap Indian Irrigation 
     Project or any other irrigation system or irrigation project;
       (vii) the litigation of claims relating to any water rights 
     of the Fort Belknap Indian Community in the State;
       (viii) the negotiation, execution, or adoption of the 
     Compact (including appendices) and this division;
       (ix) the taking or acquisition of land or resources of the 
     Fort Belknap Indian Community for the construction or 
     operation of the Fort Belknap Indian Irrigation Project or 
     the Milk River Project; and
       (x) the allocation of water of the Milk River and the St. 
     Mary River (including tributaries) between the United States 
     and Canada pursuant to the International Boundary Waters 
     Treaty of 1909 (36 Stat. 2448); and
       (B) relating to damage, loss, or injury to water, water 
     rights, land, or natural resources due to mining activities 
     in the Little Rockies Mountains prior to the date of trust 
     acquisition, including damages, losses, or injuries to 
     hunting, fishing, gathering, or cultural rights.
       (b) Effectiveness.--The waivers and releases under 
     subsection (a) shall take effect on the enforceability date.
       (c) Objections in Montana Water Court.--Nothing in this 
     division or the Compact prohibits the Fort Belknap Indian 
     Community, a member of the Fort Belknap Indian Community, an 
     allottee, or the United States in any capacity from objecting 
     to any claim to a water right filed in any general stream 
     adjudication in the Montana Water Court.
       (d) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsection 
     (a), the Fort Belknap Indian Community, acting on behalf of 
     the Fort Belknap Indian Community and members of the Fort 
     Belknap Indian Community, and the United States, acting as

[[Page S2614]]

     trustee for the Fort Belknap Indian Community and the 
     allottees shall retain--
       (1) all claims relating to--
       (A) the enforcement of water rights recognized under the 
     Compact, any final court decree relating to those water 
     rights, or this division or to water rights accruing on or 
     after the enforceability date;
       (B) the quality of water under--
       (i) CERCLA, including damages to natural resources;
       (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (iii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.); and
       (iv) any regulations implementing the Acts described in 
     clauses (i) through (iii);
       (C) damage, loss, or injury to land or natural resources 
     that are--
       (i) not due to loss of water or water rights (including 
     hunting, fishing, gathering, or cultural rights); and
       (ii) not described in subsection (a)(3); and
       (D) an action to prevent any person or party (as defined in 
     sections 29 and 30 of Article II of the Compact) from 
     interfering with the enjoyment of the Tribal water rights;
       (2) all claims relating to off-Reservation hunting rights, 
     fishing rights, gathering rights, or other rights;
       (3) all claims relating to the right to use and protect 
     water rights acquired after the date of enactment of this 
     Act;
       (4) all claims relating to the allocation of waters of the 
     Milk River and the Milk River Project between the Fort 
     Belknap Indian Community and the Blackfeet Tribe, pursuant to 
     section 3705(e)(3) of the Blackfeet Water Rights Settlement 
     Act (Public Law 114-322; 130 Stat. 1818);
       (5) all claims relating to the enforcement of this 
     division, including the required transfer of land under 
     section 6006; and
       (6) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to this 
     division or the Compact.
       (e) Effect of Compact and Division.--Nothing in the Compact 
     or this division--
       (1) affects the authority of the Fort Belknap Indian 
     Community to enforce the laws of the Fort Belknap Indian 
     Community, including with respect to environmental 
     protections;
       (2) affects the ability of the United States, acting as 
     sovereign, to carry out any activity authorized by law, 
     including--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) CERCLA; and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (3) affects the ability of the United States to act as 
     trustee for any other Indian Tribe or an allottee of any 
     other Indian Tribe;
       (4) confers jurisdiction on any State court--
       (A) to interpret Federal law relating to health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party under Federal law relating to health, safety, or 
     the environment; or
       (C) to conduct judicial review of any Federal agency 
     action;
       (5) waives any claim of a member of the Fort Belknap Indian 
     Community in an individual capacity that does not derive from 
     a right of the Fort Belknap Indian Community;
       (6) revives any claim adjudicated in the decision in Gros 
     Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); 
     or
       (7) revives any claim released by an allottee or member of 
     the Fort Belknap Indian Community in the settlement in Cobell 
     v. Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
       (f) Enforceability Date.--The enforceability date shall be 
     the date on which the Secretary publishes in the Federal 
     Register a statement of findings that--
       (1) the eligible members of the Fort Belknap Indian 
     Community have voted to approve this division and the Compact 
     by a majority of votes cast on the day of the vote;
       (2)(A) the Montana Water Court has approved the Compact in 
     a manner from which no further appeal may be taken; or
       (B) if the Montana Water Court is found to lack 
     jurisdiction, the appropriate district court of the United 
     States has approved the Compact as a consent decree from 
     which no further appeal may be taken;
       (3) all of the amounts authorized to be appropriated under 
     section 6014 have been appropriated and deposited in the 
     designated accounts;
       (4) the Secretary and the Fort Belknap Indian Community 
     have executed an allocation agreement described in section 
     6007(c)(1);
       (5) the State has provided the required funding into the 
     Fort Belknap Indian Community Tribal Irrigation and Other 
     Water Resources Development Account of the Trust Fund 
     pursuant to section 6014(a)(3); and
       (6) the waivers and releases under subsection (a) have been 
     executed by the Fort Belknap Indian Community and the 
     Secretary.
       (g) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the 
     enforceability date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitations or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (h) Expiration.--
       (1) In general.--This division shall expire in any case in 
     which--
       (A) the amounts authorized to be appropriated by this 
     division have not been made available to the Secretary by not 
     later than--
       (i) January 21, 2034; and
       (ii) such alternative later date as is agreed to by the 
     Fort Belknap Indian Community and the Secretary; or
       (B) the Secretary fails to publish a statement of findings 
     under subsection (f) by not later than--
       (i) January 21, 2035; and
       (ii) such alternative later date as is agreed to by the 
     Fort Belknap Indian Community and the Secretary, after 
     providing reasonable notice to the State.
       (2) Consequences.--If this division expires under paragraph 
     (1)--
       (A) the waivers and releases under subsection (a) shall--
       (i) expire; and
       (ii) have no further force or effect;
       (B) the authorization, ratification, confirmation, and 
     execution of the Compact under section 6004 shall no longer 
     be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into, pursuant to this division 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     division, together with any interest earned on those funds, 
     and any water rights or contracts to use water and title to 
     other property acquired or constructed with Federal funds 
     appropriated or made available to carry out the activities 
     authorized by this division shall be returned to the Federal 
     Government, unless otherwise agreed to by the Fort Belknap 
     Indian Community and the United States and approved by 
     Congress; and
       (E) except for Federal funds used to acquire or construct 
     property that is returned to the Federal Government under 
     subparagraph (D), the United States shall be entitled to 
     offset any Federal funds made available to carry out this 
     division that were expended or withdrawn, or any funds made 
     available to carry out this division from other Federal 
     authorized sources, together with any interest accrued on 
     those funds, against any claims against the United States--
       (i) relating to--

       (I) water rights in the State asserted by--

       (aa) the Fort Belknap Indian Community; or
       (bb) any user of the Tribal water rights; or

       (II) any other matter described in subsection (a)(3); or

       (ii) in any future settlement of water rights of the Fort 
     Belknap Indian Community or an allottee.

     SEC. 6012. AANIIIH NAKODA SETTLEMENT TRUST FUND.

       (a) Establishment.--The Secretary shall establish a trust 
     fund for the Fort Belknap Indian Community, to be known as 
     the ``Aaniiih Nakoda Settlement Trust Fund'', to be managed, 
     invested, and distributed by the Secretary and to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury, consisting of the amounts 
     deposited in the Trust Fund under subsection (c), together 
     with any investment earnings, including interest, earned on 
     those amounts, for the purpose of carrying out this division.
       (b) Accounts.--The Secretary shall establish in the Trust 
     Fund the following accounts:
       (1) The Fort Belknap Indian Community Tribal Irrigation and 
     Other Water Resources Development Account.
       (2) The Fort Belknap Indian Community Water Resources and 
     Water Rights Administration, Operation, and Maintenance 
     Account.
       (3) The Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Fort Belknap Indian Community Tribal Irrigation 
     and Other Water Resources Development Account established 
     under subsection (b)(1), the amounts made available pursuant 
     to paragraphs (1)(A) and (2)(A)(i) of section 6014(a);
       (2) in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account established under subsection (b)(2), the amounts made 
     available pursuant to section 6014(a)(2)(A)(ii); and
       (3) in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account established under subsection (b)(3), the amounts made 
     available pursuant to paragraphs (1)(B) and (2)(A)(iii) of 
     section 6014(a).
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of the funds into 
     the accounts in the Trust Fund pursuant to subsection (c), 
     the Secretary shall manage, invest, and distribute all 
     amounts in the Trust Fund in accordance with the investment 
     authority of the Secretary under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this section.

[[Page S2615]]

       (2) Investment earnings.--In addition to the amounts 
     deposited under subsection (c), any investment earnings, 
     including interest, credited to amounts held in the Trust 
     Fund shall be available for use in accordance with 
     subsections (e) and (g).
       (e) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     the Trust Fund, including any investment earnings, including 
     interest, earned on those amounts shall be made available--
       (A) to the Fort Belknap Indian Community by the Secretary 
     beginning on the enforceability date; and
       (B) subject to the uses and restrictions in this section.
       (2) Exceptions.--Notwithstanding paragraph (1)--
       (A) amounts deposited in the Fort Belknap Indian Community 
     Tribal Irrigation and Other Water Resources Development 
     Account established under subsection (b)(1) shall be 
     available to the Fort Belknap Indian Community on the date on 
     which the amounts are deposited for uses described in 
     subparagraph (A) and (B) of subsection (g)(1);
       (B) amounts deposited in the Fort Belknap Indian Community 
     Water Resources and Water Rights Administration, Operation, 
     and Maintenance Account established under subsection (b)(2) 
     shall be made available to the Fort Belknap Indian Community 
     on the date on which the amounts are deposited and the Fort 
     Belknap Indian Community has satisfied the requirements of 
     section 6011(f)(1), for the uses described in subsection 
     (g)(2)(A); and
       (C) amounts deposited in the Fort Belknap Indian Community 
     Clean and Safe Domestic Water and Sewer Systems, and Lake 
     Elwell Project Account established under subsection (b)(3) 
     shall be available to the Fort Belknap Indian Community on 
     the date on which the amounts are deposited for the uses 
     described in subsection (g)(3)(A).
       (f) Withdrawals.--
       (1) American indian trust fund management reform act of 
     1994.--
       (A) In general.--The Fort Belknap Indian Community may 
     withdraw any portion of the funds in the Trust Fund on 
     approval by the Secretary of a Tribal management plan 
     submitted by the Fort Belknap Indian Community in accordance 
     with the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this paragraph shall require that the Fort Belknap Indian 
     Community spend all amounts withdrawn from the Trust Fund, 
     and any investment earnings accrued through the investments 
     under the Tribal management plan, in accordance with this 
     division.
       (C) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary--
       (i) to enforce the Tribal management plan; and
       (ii) to ensure that amounts withdrawn from the Trust Fund 
     by the Fort Belknap Indian Community under this paragraph are 
     used in accordance with this division.
       (2) Withdrawals under expenditure plan.--
       (A) In general.--The Fort Belknap Indian Community may 
     submit to the Secretary a request to withdraw funds from the 
     Trust Fund pursuant to an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this paragraph, the Fort Belknap 
     Indian Community shall submit to the Secretary for approval 
     an expenditure plan for any portion of the Trust Fund that 
     the Fort Belknap Indian Community elects to withdraw pursuant 
     to this paragraph, subject to the condition that the funds 
     shall be used for the purposes described in this division.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Trust 
     Fund will be used by the Fort Belknap Indian Community in 
     accordance with subsections (e) and (g).
       (D) Approval.--On receipt of an expenditure plan under this 
     paragraph, the Secretary shall approve the expenditure plan 
     if the Secretary determines that the expenditure plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this division.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan under this paragraph 
     to ensure that amounts disbursed under this paragraph are 
     used in accordance with this division.
       (g) Uses.--Amounts from the Trust Fund shall be used by the 
     Fort Belknap Indian Community for the following purposes:
       (1) Fort belknap indian community tribal irrigation and 
     other water resources development account.--Amounts in the 
     Fort Belknap Indian Community Tribal Irrigation and Other 
     Water Resources Development Account established under 
     subsection (b)(1) shall be used to pay the cost of activities 
     relating to--
       (A) planning, studies, and design of the Southern Tributary 
     Irrigation Project and the Peoples Creek Irrigation Project, 
     including the Upper Peoples Creek Dam and Reservoir, as 
     described in the Fort Belknap Indian Community Comprehensive 
     Water Development Plan dated 2019;
       (B) environmental compliance;
       (C) construction of the Southern Tributary Irrigation 
     Project and the Peoples Creek Irrigation Project, including 
     the Upper Peoples Creek Dam and Reservoir;
       (D) wetlands restoration and development;
       (E) stock watering infrastructure; and
       (F) on farm development support and reacquisition of fee 
     lands within the Fort Belknap Indian Irrigation Project.
       (2) Fort belknap indian community water resources and water 
     rights administration, operation, and maintenance account.--
     Amounts in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account established under subsection (b)(2), the principal 
     and investment earnings, including interest, may only be used 
     by the Fort Belknap Indian Community to pay the costs of 
     activities described in subparagraphs (A) through (C) as 
     follows:
       (A) $9,000,000 shall be used for the establishment, 
     operation, and capital expenditures in connection with the 
     administration of the Tribal water resources and water rights 
     development, including the development or enactment of a 
     Tribal water code.
       (B) Only investment earnings, including interest, on 
     $29,299,059 shall be used and be available to pay the costs 
     of activities for administration, operations, and regulation 
     of the Tribal water resources and water rights department, in 
     accordance with the Compact and this division.
       (C) Only investment earnings, including interest, on 
     $28,331,693 shall be used and be available to pay the costs 
     of activities relating to a portion of the annual assessment 
     costs for the Fort Belknap Indian Community and Tribal 
     members, including allottees, under the Fort Belknap Indian 
     Irrigation Project.
       (3) Fort belknap indian community clean and safe domestic 
     water and sewer systems, and lake elwell project account.--
     Amounts in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account established under subsection (b)(3), the principal 
     and investment earnings, including interest, may only be used 
     by the Fort Belknap Indian Community to pay the costs of 
     activities relating to--
       (A) planning, studies, and design of domestic water supply, 
     sewer collection and treatment systems, and Lake Elwell 
     Project, as described in the Fort Belknap Indian Community 
     Comprehensive Water Development Plan dated 2019, including 
     water delivery to the southern part of the Reservation;
       (B) construction of domestic water supply, sewer 
     collection, and treatment systems;
       (C) construction, in accordance with applicable law, of 
     infrastructure for delivery of Lake Elwell water diverted 
     from the Missouri River to the southern part of the 
     Reservation; and
       (D) planning, studies, design, and construction of a Tribal 
     wellness center for a work force health and wellbeing 
     project.
       (h) Liability.--The Secretary shall not be liable for any 
     expenditure or investment of amounts withdrawn from the Trust 
     Fund by the Fort Belknap Indian Community pursuant to 
     subsection (f).
       (i) Project Efficiencies.--If the total cost of the 
     activities described in subsection (g) results in cost 
     savings and is less than the amounts authorized to be 
     obligated under any of paragraphs (1) through (3) of that 
     subsection required to carry out those activities, the 
     Secretary, at the request of the Fort Belknap Indian 
     Community, shall deposit those savings in the Trust Fund to 
     be used in accordance with that subsection.
       (j) Annual Report.--The Fort Belknap Indian Community shall 
     submit to the Secretary an annual expenditure report 
     describing accomplishments and amounts spent from use of 
     withdrawals under a Tribal management plan or an expenditure 
     plan described in this section.
       (k) No Per Capita Payments.--No principal or interest 
     amount in any account established by this section shall be 
     distributed to any member of the Fort Belknap Indian 
     Community on a per capita basis.
       (l) Effect.--Nothing in this division entitles the Fort 
     Belknap Indian Community to judicial review of a 
     determination of the Secretary regarding whether to approve a 
     Tribal management plan under subsection (f)(1) or an 
     expenditure plan under subsection (f)(2), except as provided 
     under subchapter II of chapter 5, and chapter 7, of title 5, 
     United States Code (commonly known as the ``Administrative 
     Procedure Act'').

     SEC. 6013. FORT BELKNAP INDIAN COMMUNITY WATER SETTLEMENT 
                   IMPLEMENTATION FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a non-trust, interest-bearing account to be 
     known as the ``Fort Belknap Indian Community Water Settlement 
     Implementation Fund'', to be managed and distributed by the 
     Secretary, for use by the Secretary for carrying out this 
     division.
       (b) Accounts.--The Secretary shall establish in the 
     Implementation Fund the following accounts:
       (1) The Fort Belknap Indian Irrigation Project System 
     Account.
       (2) The Milk River Project Mitigation Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Fort Belknap Indian Irrigation Project System 
     Account established under

[[Page S2616]]

     subsection (b)(1), the amount made available pursuant to 
     paragraphs (1)(C) and (2)(A)(iv) of section 6014(a); and
       (2) in the Milk River Project Mitigation Account 
     established under subsection (b)(2), the amount made 
     available pursuant to section 6014(a)(1)(D).
       (d) Uses.--
       (1) Fort belknap indian irrigation project system 
     account.--The Fort Belknap Indian Irrigation Project 
     Rehabilitation Account established under subsection (b)(1) 
     shall be used to carry out section 6009, except as provided 
     in subsection (g) of that section.
       (2) Milk river project mitigation account.--The Milk River 
     Project Mitigation Account established under subsection 
     (b)(2) may only be used to carry out section 6008.
       (e) Management.--
       (1) In general.--Amounts in the Implementation Fund shall 
     not be available to the Secretary for expenditure until the 
     enforceability date.
       (2) Exception.--Notwithstanding paragraph (1), amounts 
     deposited in the Fort Belknap Indian Irrigation Project 
     System Account established under subsection (b)(1) shall be 
     available to the Secretary on the date on which the amounts 
     are deposited for uses described in paragraphs (1) and (2) of 
     section 6009(a).
       (f) Interest.--In addition to the deposits under subsection 
     (c), any interest credited to amounts unexpended in the 
     Implementation Fund are authorized to be appropriated to be 
     used in accordance with the uses described in subsection (d).

     SEC. 6014. FUNDING.

       (a) Funding.--
       (1) Authorization of appropriations.--Subject to subsection 
     (b), there are authorized to be appropriated to the 
     Secretary--
       (A) for deposit in the Fort Belknap Indian Community Tribal 
     Irrigation and Other Water Resources Development Account of 
     the Trust Fund established under section 6012(b)(1), 
     $89,643,100, to be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury;
       (B) for deposit in the Fort Belknap Indian Community Clean 
     and Safe Domestic Water and Sewer Systems, and Lake Elwell 
     Project Account of the Trust Fund established under section 
     6012(b)(3), $331,885,220, to be retained until expended, 
     withdrawn, or reverted to the general fund of the Treasury;
       (C) for deposit in the Fort Belknap Indian Irrigation 
     Project System Account of the Implementation Fund established 
     under section 6013(b)(1), such sums as are necessary, but not 
     more than $187,124,469, for the Secretary to carry out 
     section 6009, to be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury; and
       (D) for deposit in the Milk River Project Mitigation 
     Account of the Implementation Fund established under section 
     6013(b)(2), such sums as are necessary, but not more than 
     $300,000,000, for the Secretary to carry out obligations of 
     the Secretary under section 6008, to be retained until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury.
       (2) Mandatory appropriations.--
       (A) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     deposit--
       (i) in the Fort Belknap Indian Community Tribal Irrigation 
     and Other Water Resources Development Account of the Trust 
     Fund established under section 6012(b)(1), $29,881,034, to be 
     retained until expended, withdrawn, or reverted to the 
     general fund of the Treasury;
       (ii) in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account of the Trust Fund established under section 
     6012(b)(2), $66,630,752;
       (iii) in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account of the Trust Fund established under section 
     6012(b)(3), $110,628,407; and
       (iv) in the Fort Belknap Indian Irrigation Project System 
     Account of the Implementation Fund established under section 
     6013(b)(1), $228,707,684.
       (B) Availability.--Amounts deposited in the Trust Fund 
     under subparagraph (A) shall be available without further 
     appropriation.
       (3) State cost share.--The State shall contribute 
     $5,000,000, plus any earned interest, payable to the 
     Secretary for deposit in the Fort Belknap Indian Community 
     Tribal Irrigation and Other Water Resources Development 
     Account of the Trust Fund established under section 
     6012(b)(1) on approval of a final decree by the Montana Water 
     Court for the purpose of activities relating to the Upper 
     Peoples Creek Dam and Reservoir under subparagraphs (A) 
     through (C) of section 6012(g)(1).
       (b) Fluctuation in Costs.--
       (1) In general.--The amounts authorized to be appropriated 
     under paragraphs (1) and (2) of subsection (a) and this 
     subsection shall be--
       (A) increased or decreased, as appropriate, by such amounts 
     as may be justified by reason of ordinary fluctuations in 
     costs occurring after the date of enactment of this Act as 
     indicated by the Bureau of Reclamation Construction Cost 
     Index--Composite Trend; and
       (B) adjusted to address construction cost changes necessary 
     to account for unforeseen market volatility that may not 
     otherwise be captured by engineering cost indices as 
     determined by the Secretary, including repricing applicable 
     to the types of construction and current industry standards 
     involved.
       (2) Repetition.--The adjustment process under paragraph (1) 
     shall be repeated for each subsequent amount appropriated 
     until the amount authorized to be appropriated under 
     subsection (a), as adjusted, has been appropriated.
       (3) Period of indexing.--
       (A) Trust fund.--With respect to the Trust Fund, the period 
     of indexing adjustment under paragraph (1) for any increment 
     of funding shall end on the date on which the funds are 
     deposited into the Trust Fund.
       (B) Implementation fund.--With respect to the 
     Implementation Fund, the period of adjustment under paragraph 
     (1) for any increment of funding shall be annually.

     SEC. 6015. MISCELLANEOUS PROVISIONS.

       (a) Waiver of Sovereign Immunity by the United States.--
     Except as provided in subsections (a) through (c) of section 
     208 of the Department of Justice Appropriation Act, 1953 (43 
     U.S.C. 666), nothing in this division waives the sovereign 
     immunity of the United States.
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     division quantifies or diminishes any land or water right, or 
     any claim or entitlement to land or water, of an Indian 
     Tribe, band, or community other than the Fort Belknap Indian 
     Community.
       (c) Elimination of Debts or Liens Against Allotments of the 
     Fort Belknap Indian Community Members Within the Fort Belknap 
     Indian Irrigation Project.--On the date of enactment of this 
     Act, the Secretary shall cancel and eliminate all debts or 
     liens against the allotments of land held by the Fort Belknap 
     Indian Community and the members of the Fort Belknap Indian 
     Community due to construction assessments and annual 
     operation and maintenance charges relating to the Fort 
     Belknap Indian Irrigation Project.
       (d) Effect on Current Law.--Nothing in this division 
     affects any provision of law (including regulations) in 
     effect on the day before the date of enactment of this Act 
     with respect to pre-enforcement review of any Federal 
     environmental enforcement action.
       (e) Effect on Reclamation Laws.--The activities carried out 
     by the Commissioner under this division shall not establish a 
     precedent or impact the authority provided under any other 
     provision of the reclamation laws, including--
       (1) the Reclamation Rural Water Supply Act of 2006 (43 
     U.S.C. 2401 et seq.); and
       (2) the Omnibus Public Land Management Act of 2009 (Public 
     Law 111-11; 123 Stat. 991).
       (f) Additional Funding.--Nothing in this division prohibits 
     the Fort Belknap Indian Community from seeking--
       (1) additional funds for Tribal programs or purposes; or
       (2) funding from the United States or the State based on 
     the status of the Fort Belknap Indian Community as an Indian 
     Tribe.
       (g) Rights Under State Law.--Except as provided in section 
     1 of Article III of the Compact (relating to the closing of 
     certain water basins in the State to new appropriations in 
     accordance with the laws of the State), nothing in this 
     division or the Compact precludes the acquisition or exercise 
     of a right arising under State law (as defined in section 6 
     of Article II of the Compact) to the use of water by the Fort 
     Belknap Indian Community, or a member or allottee of the Fort 
     Belknap Indian Community, outside the Reservation by--
       (1) purchase of the right; or
       (2) submitting to the State an application in accordance 
     with State law.
       (h) Water Storage and Importation.--Nothing in this 
     division or the Compact prevents the Fort Belknap Indian 
     Community from participating in any project to import water 
     to, or to add storage in, the Milk River Basin.

     SEC. 6016. ANTIDEFICIENCY.

       The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this 
     division, including any obligation or activity under the 
     Compact, if--
       (1) adequate appropriations are not provided by Congress 
     expressly to carry out the purposes of this division; or
       (2) there are not enough funds available in the Reclamation 
     Water Settlements Fund established by section 10501(a) of the 
     Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)) 
     to carry out the purposes of this division.
                                 ______