[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4680-S4690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2352. Mr. TESTER (for himself and Mr. Daines) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 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 E--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT
OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Fort Belknap Indian
Community Water Rights Settlement Act of 2024''.
SEC. 5002. 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. 5003. 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.
[[Page S4681]]
(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 5011(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 5013(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 5006.
(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 5005(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 5007.
(27) Trust fund.--The term ``Trust Fund'' means the Aaniiih
Nakoda Settlement Trust Fund established for the Fort Belknap
Indian Community under section 5012(a).
SEC. 5004. 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 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, except for any
environmental documents required under section 5008,
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 described in paragraph (2) shall be
paid from
[[Page S4682]]
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. 5005. 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 5011(f)(1), the Fort Belknap Indian
Community shall enact a Tribal water code that provides for--
(A) the administration, 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.--
[[Page S4683]]
(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. 5006. EXCHANGE AND TRANSFER OF LAND.
(a) Exchange of Eligible Land and State Land.--
(1) Definitions.--In this subsection:
(A) Eligible land.--The term ``eligible land'' means--
(i) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that
are administered by the Secretary, acting through the
Director of the Bureau of Land Management; and
(ii) land in the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Resources Planning
Act of 1974 (16 U.S.C. 1609(a)) that is administered by the
Secretary of Agriculture, acting through the Chief of the
Forest Service.
(B) Secretary concerned.--The term ``Secretary concerned''
means, as applicable--
(i) the Secretary, with respect to the eligible land
administered by the Bureau of Land Management; and
(ii) the Secretary of Agriculture, with respect to eligible
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 eligible land described in paragraph (4) for the
State land described in paragraph (3).
(B) Requirements.--Any exchange of land made pursuant to
this subsection shall be subject to the terms and conditions
of this subsection.
(C) Priority.--
(i) In general.--In carrying out this paragraph, the
Secretary and the Secretary of Agriculture shall, during the
5-year period beginning on the date of enactment of this Act,
give priority to an exchange of eligible land located within
the State for State land.
(ii) Secretary of agriculture.--The responsibility of the
Secretary of Agriculture under clause (i), during the 5-year
period described in that clause, shall be limited to
negotiating with the State an acceptable package of land in
the National Forest System (as defined in section 11(a) of
the Forest and Rangeland Resources Planning Act of 1974 (16
U.S.C. 1609(a))).
(3) State land.--The Secretary is authorized to accept the
following parcels of State land located on and off 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.
(KK) 640 acres in T. 25 N., R. 22 E., sec. 16.
(4) Eligible land.--
(A) In general.--Subject to valid existing rights, the
reservation of easements or rights-of-way deemed necessary to
be retained by the Secretary concerned, and the requirements
of this subsection, the Secretary is authorized and directed
to convey to the State any eligible land within the State
identified in the negotiations authorized by paragraph (2)
and agreed to by the Secretary concerned.
(B) Exceptions.--The Secretary concerned shall exclude from
any conveyance any parcel of eligible land that is--
(i) 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;
(ii) designated as wilderness by Congress;
(iii) within a component of the National Wild and Scenic
Rivers System; or
(iv) designated in the Forest Land and Resource Management
Plan as a Research Natural Area.
(C) Administrative responsibility.--The Secretary shall be
responsible for meeting all substantive and any procedural
requirements necessary to complete the exchange and the
conveyance of the eligible land.
(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 eligible 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) of
that Act (43 U.S.C. 1716(b)) (and any regulations
implementing that section).
(B) Impacts on local governments.--In identifying eligible
land to be exchanged with the State, the Secretary concerned
and the State may--
(i) consider the financial impacts of exchanging specific
eligible land on local governments; and
(ii) attempt to minimize the financial impact of the
exchange on local governments.
(C) Existing authorizations.--
(i) Eligible land conveyed to the state.--
(I) In general.--Any eligible land conveyed to the State
under this subsection shall be 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.
[[Page S4684]]
(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 conveyed to the united states.--
(I) In general.--Any State land conveyed to the United
States under this subsection and taken into trust for the
benefit of the Fort Belknap Indian Community subject shall be
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 bureau of indian affairs.--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;
(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.
[[Page S4685]]
(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 bureau of indian affairs.--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, unless
those rights are recognized and ratified in the Compact.
(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
this paragraph.
(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; and
(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--
(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
[[Page S4686]]
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. 5007. 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 the 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. 5008. 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 5014(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 5014(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.
SEC. 5009. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.
(a) In General.--Subject to the availability of
appropriations, the Secretary shall rehabilitate, modernize,
and expand the Fort Belknap Indian Irrigation Project, as
generally described in the document of Natural Resources
Consulting Engineers, Inc., entitled ``Fort Belknap Indian
Community Comprehensive Water Development Plan'' and dated
February 2019, which shall include--
(1) planning, studies, and designing of the existing and
expanded Milk River unit, including the irrigation system,
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
[[Page S4687]]
(3) construction of the expanded Milk River unit, including
the irrigation system, 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, in
coordination with the Bureau of Reclamation, 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 5014(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 Secretary and the Fort Belknap
Indian Community shall negotiate the cost of any oversight
activity carried out by the Bureau of Indian Affairs or the
Bureau of Reclamation under any agreement entered into under
subsection (j), 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 Management Committee.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
facilitate the formation of a project management committee
composed of representatives of the Bureau of Indian Affairs,
the Bureau of Reclamation, and the Fort Belknap Indian
Community--
(1) to review and make recommendations relating to cost
factors, budgets, and implementing the activities for
rehabilitating, modernizing, and expanding the Fort Belknap
Indian Irrigation Project; and
(2) to improve management of inherently governmental
activities through enhanced communication.
(h) 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 5012(b)(2).
(i) 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.
(j) 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.
(k) 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 5014.
(l) Satisfaction of Fort Belknap Indian Irrigation Project
System Requirement.--The obligations of the Secretary under
subsection (a) shall be deemed satisfied if the Secretary--
(1) has rehabilitated, modernized, and expanded the Fort
Belknap Indian Irrigation Project in accordance with
subsection (a); or
(2)(A) has expended all of the available funding provided
pursuant to paragraphs (1)(C) and (2)(A)(iv) of section
5014(a); and
(B) despite diligent efforts, could not complete the
activities described in subsection (a).
SEC. 5010. 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
5011(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
5011(a)(2); and
(2) any claims of the allottees against the United States
similar to the claims described in section 5011(a)(2) that
the allottee asserted or could have asserted.
SEC. 5011. 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
[[Page S4688]]
members of the Fort Belknap Indian Community, and the United
States, acting as 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 5006; 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 Act.--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 5014 have been appropriated and deposited in the
designated accounts;
(4) the Secretary and the Fort Belknap Indian Community
have executed the allocation agreement described in section
5007(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 5014(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 5004 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. 5012. 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 5014(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 5014(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 5014(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);
[[Page S4689]]
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(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
subparagraphs (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 5011(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
generally described in the document of Natural Resources
Consulting Engineers, Inc., entitled ``Fort Belknap Indian
Community Comprehensive Water Development Plan'' and dated
February 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 and
Fort Belknap Indian Community irrigation projects within the
Reservation.
(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 and Fort Belknap Indian Community
irrigation projects within the Reservation.
(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, design, and environmental compliance
of domestic water supply, and sewer collection and treatment
systems, as generally described in the document of Natural
Resources Consulting Engineers, Inc., entitled ``Fort Belknap
Indian Community Comprehensive Water Development Plan'' and
dated February 2019, including the Lake Elwell Project 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, environmental compliance,
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. 5013. 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
[[Page S4690]]
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 subsection (b)(1), the amount made
available pursuant to paragraphs (1)(C) and (2)(A)(iv) of
section 5014(a); and
(2) in the Milk River Project Mitigation Account
established under subsection (b)(2), the amount made
available pursuant to section 5014(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 5009, except as provided
in subsection (h) 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 5008.
(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 5009(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. 5014. 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 5012(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
5012(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 5013(b)(1), such sums as are necessary, but not
more than $187,124,469, for the Secretary to carry out
section 5009, 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
5013(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 5008, 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 5012(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
5012(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
5012(b)(3), $110,628,407; and
(iv) in the Fort Belknap Indian Irrigation Project System
Account of the Implementation Fund established under section
5013(b)(1), $228,707,684.
(B) Availability.--Amounts deposited in the accounts 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
5012(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 5012(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. 5015. 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. 5016. 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.
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