    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-232
    113th Congress

    An Act

    To exchange trust and fee land to resolve land disputes created by the
    realignment of the Blackfoot River along the boundary of the Fort Hall
    Indian Reservation, and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blackfoot River Land Exchange Act of
    2014''.
    SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
    (1) the Shoshone-Bannock Tribes, a federally recognized
    Indian tribe with tribal headquarters at Fort Hall, Idaho--
    (A) adopted a tribal constitution and bylaws on
    March 31, 1936, that were approved by the Secretary of
    the Interior on April 30, 1936, pursuant to the Act of
    June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as
    the ``Indian Reorganization Act'');
    (B) has entered into various treaties with the
    United States, including the Second Treaty of Fort
    Bridger, executed on July 3, 1868; and
    (C) has maintained a continuous government-to-
    government relationship with the United States since the
    earliest years of the Union;
    (2)(A) in 1867, President Andrew Johnson designated by
    Executive order the Fort Hall Reservation for various bands of
    Shoshone and Bannock Indians;
    (B) the Reservation is located near the cities of Blackfoot
    and Pocatello in southeastern Idaho; and
    (C) article 4 of the Second Treaty of Fort Bridger secured
    the Reservation as a ``permanent home'' for the Shoshone-Bannock
    Tribes;
    (3)(A) according to the Executive order referred to in
    paragraph (2)(A), the Blackfoot River, as the river existed in
    its natural state--
    (i) is the northern boundary of the Reservation; and
    (ii) flows in a westerly direction along that
    northern boundary; and
    (B) within the Reservation, land use in the River watershed
    is dominated by--
    (i) rangeland;
    (ii) dry and irrigated farming; and
    (iii) residential development;

    [[Page 2123]]

    (4)(A) in 1964, the Corps of Engineers completed a local
    flood protection project on the River--
    (i) authorized by section 204 of the Flood Control
    Act of 1950 (64 Stat. 170); and
    (ii) sponsored by the Blackfoot River Flood Control
    District No. 7;
    (B) the project consisted of building levees, replacing
    irrigation diversion structures, replacing bridges, and channel
    realignment; and
    (C) the channel realignment portion of the project severed
    various parcels of land located contiguous to the River along
    the boundary of the Reservation, resulting in Indian land being
    located north of the Realigned River and non-Indian land being
    located south of the Realigned River;
    (5) beginning in 1999, the Cadastral Survey Office of the
    Bureau of Land Management conducted surveys of--
    (A) 25 parcels of Indian land; and
    (B) 19 parcels of non-Indian land; and
    (6) the enactment of this Act and separate agreements of the
    parties would represent a resolution of the disputes described
    in subsection (b)(1) among--
    (A) the Tribes;
    (B) the allottees; and
    (C) the non-Indian landowners.

    (b) Purposes.--The purposes of this Act are--
    (1) to resolve the land ownership and land use disputes
    resulting from realignment of the River by the Corps of
    Engineers during calendar year 1964 pursuant to the project
    described in subsection (a)(4)(A); and
    (2) to achieve a final and fair solution to resolve those
    disputes.
    SEC. 3. DEFINITIONS.

    In this Act:
    (1) Allottee.--The term ``allottee'' means an heir of an
    original allottee of the Reservation who owns an interest in a
    parcel of land that is--
    (A) held in trust by the United States for the
    benefit of the allottee; and
    (B) located north of the Realigned River within the
    exterior boundaries of the Reservation.
    (2) Blackfoot river flood control district no. 7.--The term
    ``Blackfoot River Flood Control District No. 7'' means the
    governmental subdivision in the State of Idaho, located at 75
    East Judicial, Blackfoot, Idaho, that--
    (A) is responsible for maintenance and repair of the
    Realigned River; and
    (B) represents the non-Indian landowners relating to
    the resolution of the disputes described in section
    2(b)(1) in accordance with this Act.
    (3) Indian land.--The term ``Indian land'' means any parcel
    of land that is--
    (A) held in trust by the United States for the
    benefit of the Tribes or the allottees;
    (B) located north of the Realigned River; and

    [[Page 2124]]

    (C) identified in exhibit A of the survey of the
    Bureau of Land Management entitled ``Survey of the
    Blackfoot River of 2002 to 2005'', which is located at--
    (i) the Fort Hall Indian Agency office of the
    Bureau of Indian Affairs; and
    (ii) the Blackfoot River Flood Control
    District No. 7.
    (4) Non-indian land.--The term ``non-Indian land'' means any
    parcel of fee land that is--
    (A) located south of the Realigned River; and
    (B) identified in exhibit B, which is located at the
    areas described in clauses (i) and (ii) of paragraph
    (3)(C).
    (5) Non-indian landowner.--The term ``non-Indian landowner''
    means any individual who holds fee title to non-Indian land and
    is represented by the Blackfoot River Flood Control District No.
    7 for purposes of this Act.
    (6) Realigned river.--The term ``Realigned River'' means
    that portion of the River that was realigned by the Corps of
    Engineers during calendar year 1964 pursuant to the project
    described in section 2(a)(4)(A).
    (7) Reservation.--The term ``Reservation'' means the Fort
    Hall Reservation established by Executive order during calendar
    year 1867 and confirmed by treaty during calendar year 1868.
    (8) River.--The term ``River'' means the Blackfoot River
    located in the State of Idaho.
    (9) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (10) Tribes.--The term ``Tribes'' means the Shoshone-Bannock
    Tribes.
    SEC. 4. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON-INDIAN OWNED
    LANDS.

    (a) <>  Release of Claims.--Effective on the
    date of enactment of this Act--
    (1) all existing and future claims with respect to the
    Indian land and the non-Indian land and all right, title, and
    interest that the Tribes, allottees, non-Indian landowners, and
    the Blackfoot River Flood Control District No. 7 may have had to
    that land shall be extinguished;
    (2) any interest of the Tribes, the allottees, or the United
    States, acting as trustee for the Tribes or allottees, in the
    Indian land shall be extinguished under section 2116 of the
    Revised Statutes (commonly known as the ``Indian Trade and
    Intercourse Act'') (25 U.S.C. 177); and
    (3) to the extent any interest in non-Indian land
    transferred into trust pursuant to section 5 violates section
    2116 of the Revised Statutes (commonly known as the ``Indian
    Trade and Intercourse Act'') (25 U.S.C. 177), that transfer
    shall be valid, subject to the condition that the transfer is
    consistent with all other applicable Federal laws (including
    regulations).

    (b) Documentation.--The Secretary may execute and file any
    appropriate documents (including a plat or map of the transferred Indian
    land) that are suitable for filing with the Bingham County clerk or
    other appropriate county official, as the Secretary determines necessary
    to carry out this Act.

    [[Page 2125]]

    SEC. 5. NON-INDIAN LAND TO BE PLACED INTO TRUST FOR TRIBES.

    Effective <>  on the date of enactment of
    this Act, the non-Indian land shall be considered to be held in trust by
    the United States for the benefit of the Tribes.
    SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.

    (a) In General.--As soon as practicable after the date of enactment
    of this Act, the Secretary shall transfer the Indian land to the
    Blackfoot River Flood Control District No. 7 for use or sale in
    accordance with subsection (b).
    (b) Use of Land.--
    (1) In general.--The Blackfoot River Flood Control District
    No. 7 shall use any proceeds from the sale of land described in
    subsection (a) according to the following priorities:
    (A) To compensate, at fair market value, each non-
    Indian landowner for the net loss of land to that non-
    Indian landowner resulting from the implementation of
    this Act.
    (B) To compensate the Blackfoot River Flood Control
    District No. 7 for any administrative or other expenses
    relating to carrying out this Act.
    (2) Remaining land.--If any land remains to be conveyed or
    proceeds remain after the sale of the land, the Blackfoot River
    Flood Control District No. 7 may dispose of that remaining land
    or proceeds as the Blackfoot River Flood Control District No. 7
    determines to be appropriate.
    SEC. 7. EFFECT ON ORIGINAL RESERVATION BOUNDARY.

    Nothing in this Act affects the original boundary of the
    Reservation, as established by Executive order during calendar year 1867
    and confirmed by treaty during calendar year 1868.
    SEC. 8. EFFECT ON TRIBAL WATER RIGHTS.

    Nothing in this Act extinguishes or conveys any water right of the
    Tribes, as established in the agreement entitled ``1990 Fort Hall Indian
    Water Rights Agreement'' and ratified by section 4 of the Fort Hall
    Indian Water Rights Act of 1990 (Public Law 101-602; 104 Stat. 3060).
    SEC. 9. EFFECT ON CERTAIN OBLIGATIONS.

    (a) In General.--Except as provided in subsection (b), nothing in
    this Act affects the obligation of Blackfoot River Flood Control
    District No. 7 to maintain adequate rights-of-way for the operation and
    maintenance of the local flood protection projects described in section
    2(a)(4) pursuant to agreements between the Blackfoot River Flood Control
    District No. 7 and the Corps of Engineers.
    (b) Restriction on Fees.--Any land conveyed to the Tribes pursuant
    to this Act shall not be subject to fees assessed by Blackfoot River
    Flood Control District No. 7.
    SEC. 10. DISCLAIMERS REGARDING CLAIMS.

    Nothing in this Act--
    (1) affects in any manner the sovereign claim of the State
    of Idaho to title in and to the beds and banks of the River
    under the equal footing doctrine of the Constitution of the
    United States;
    (2) affects any action by the State of Idaho to establish
    the title described in paragraph (1) under section 2409a of

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    title 28, United States Code (commonly known as the ``Quiet
    Title Act'');
    (3) affects the ability of the Tribes or the United States
    to claim ownership of the beds and banks of the River; or
    (4) extinguishes or conveys any water rights of non-Indian
    landowners or the claims of those landowners to water rights in
    the Snake River Basin Adjudication.

    Approved December 16, 2014.

    LEGISLATIVE HISTORY--S. 2040 (H.R. 5049):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-639 (Comm. on Natural Resources) accompanying
    H.R. 5049.
    SENATE REPORTS: No. 113-242 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD, Vol. 160 (2014):
    Sept. 18, considered and passed Senate.
    Dec. 1, 2, considered and passed House.