I 

116TH CONGRESS 

2D SESSION H. R. 5673 

To provide for the settlement of the water rights claims of the Fort Belknap 

Indian Community, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2020 

Mr. GALLEGO introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the settlement of the water rights claims 

of the Fort Belknap Indian Community, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Gros Ventre and Assiniboine Tribes of the Fort Belknap 

6 Indian Community Water Rights Settlement Act of 

7 2020’’. 

8 (b) TABLE OF CONTENTS.—The table of contents of 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 5673 IH

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Ratification of Compact and judicial decree. 

Sec. 5. Tribal water rights. 

Sec. 6. Exchange and transfer of public land into trust. 

Sec. 7. Storage allocation from Lake Elwell. 

Sec. 8. Milk River Project. 

Sec. 9. Satisfaction of claims. 

Sec. 10. Waivers and releases of claims. 

Sec. 11. Fort Belknap Indian Community Settlement Trust Fund. 

Sec. 12. Funding. 

Sec. 13. Miscellaneous provisions. 

Sec. 14. Termination on failure to meet enforceability date. 

Sec. 15. Antideficiency. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to fulfill the trust responsibility of the 

4 United States to Indian Tribes and to promote Trib5 al sovereignty and economic self-sufficiency by set6 tling water rights claims of Indian Tribes without 

7 lengthy and costly litigation; 

8 (2) to ensure the sovereignty of the Fort 

9 Belknap Indian Community and the economy of the 

10 Reservation will be able to depend on the develop11 ment of the water and other resources of the Res12 ervation; 

13 (3) to transfer a portion of the land within the 

14 ancestral territory of the Fort Belknap Indian Com15 munity to restore, in part, the historical, cultural, 

16 and spiritual land of the Fort Belknap Indian Com17 munity; 

18 (4) to plan, design, and construct the facilities 

19 needed to effectively use Reservation water rights, 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 5673 IH

1 consistent with the Compact and this Act, and other 

2 resources that are necessary for— 

3 (A) the development of a viable Reserva4 tion economy; and 

5 (B) the implementation of the water rights 

6 compact between the Fort Belknap Indian 

7 Community and the State; 

8 (5) to achieve a fair, equitable, and final settle9 ment of claims to water rights in the State for— 

10 (A) the Fort Belknap Indian Community; 

11 and 

12 (B) the United States for the benefit of 

13 the Fort Belknap Indian Community and 

14 allottees; 

15 (6) to authorize, ratify, and confirm the Com16 pact, to the extent that the Compact is consistent 

17 with this Act; 

18 (7) to authorize and require the Secretary— 

19 (A) to execute the Compact; 

20 (B) to make available priority funding 

21 from the Reclamation Water Settlement Fund 

22 established by section 10501 of the Omnibus 

23 Public Land Management Act of 2009 (43 

24 U.S.C. 407); and 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 5673 IH

1 (C) to take any other actions necessary to 

2 carry out the Compact in accordance with this 

3 Act; 

4 (8) to authorize and appropriate funds, includ5 ing for certain economic development initiatives and 

6 projects on the Reservation, necessary for the imple7 mentation of the Compact and this Act in order to 

8 support a final water rights settlement for the Fort 

9 Belknap Indian Community that results in measur10 able benefits to the Tribes and members; and 

11 (9) to authorize the exchange and transfer of 

12 certain Federal and State land. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) ALLOTTEE.—The term ‘‘allottee’’ means an 

16 individual or the Fort Belknap Indian Community 

17 who holds a beneficial real property interest in an al18 lotment of Indian land that is— 

19 (A) located within the Reservation; and 

20 (B) held in trust by the United States. 

21 (2) BLACKFEET TRIBE.—The term ‘‘Blackfeet 

22 Tribe’’ means the Blackfeet Tribe of the Blackfeet 

23 Indian Reservation of Montana. 

24 (3) COMMISSIONER.—The term ‘‘Commis25 sioner’’ means the Commissioner of Reclamation. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 5673 IH

1 (4) COMPACT.—The term ‘‘Compact’’ means— 

2 (A) the Fort Belknap-Montana water 

3 rights compact dated April 16, 2001, as con4 tained in section 85–20–1001 of the Montana 

5 Code Annotated (2019); and 

6 (B) any exhibit (including exhibit amend7 ments), part, or amendment to the Compact 

8 that is executed to make the Compact con9 sistent with this Act. 

10 (5) CERCLA.—The term ‘‘CERCLA’’ means 

11 the Comprehensive Environmental Response, Com12 pensation, and Liability Act of 1980 (42 U.S.C. 

13 9601 et seq.). 

14 (6) DODSON.—The term ‘‘Dodson’’ means the 

15 facilities of the Milk River Project, including the 

16 Dodson Diversion Dam and Dodson South Canal, 

17 owned by the Bureau of Reclamation and located in 

18 the northeastern corner of, and within the exterior 

19 boundary of, the Reservation. 

20 (7) ENFORCEABILITY DATE.—The term ‘‘en21 forceability date’’ means the date described in sec22 tion 10(f). 

23 (8) FORT BELKNAP INDIAN COMMUNITY.—The 

24 term ‘‘Fort Belknap Indian Community’’ means the 

25 Gros Ventre and Assiniboine Tribes of the Fort 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 5673 IH

1 Belknap Reservation of Montana, a federally recog2 nized Indian Tribe included on the list published by 

3 the Secretary pursuant to section 104(a) of the Fed4 erally Recognized Indian Tribe List Act of 1994 (25 

5 U.S.C. 5131(a)). 

6 (9) FORT BELKNAP INDIAN COMMUNITY COUN7 CIL.—The term ‘‘Fort Belknap Indian Community 

8 Council’’ means the governing body of the Fort 

9 Belknap Indian Community. 

10 (10) FRESNO RESERVOIR.—The term ‘‘Fresno 

11 Reservoir’’ means the dam and reservoir of the Milk 

12 River Project, located on the Milk River 14 miles 

13 west of Havre, Montana, and authorized by the Act 

14 of June 16, 1933 (48 Stat. 195, chapter 90) (com15 monly known as the ‘‘National Industrial Recovery 

16 Act’’). 

17 (11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

18 has the meaning given the term ‘‘Indian tribe’’ in 

19 section 4 of the Indian Self-Determination and Edu20 cation Assistance Act (25 U.S.C. 5304). 

21 (12) JOINT BOARD.—The term ‘‘Joint Board’’ 

22 means the Joint Board of Control for the Milk River 

23 Project established in accordance with State law. 

24 (13) LAKE ELWELL.—The term ‘‘Lake Elwell’’ 

25 means the water impounded on the Marias River in 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 5673 IH

1 the State by Tiber Dam, a feature of the Lower 

2 Marias Unit of the Pick-Sloan Missouri River Basin 

3 Program. 

4 (14) MALTA IRRIGATION DISTRICT.—The term 

5 ‘‘Malta Irrigation District’’ means the public cor6 poration— 

7 (A) created on December 28, 1923, pursu8 ant to the laws of the State relating to irriga9 tion districts; and 

10 (B) headquartered in Malta, Montana. 

11 (15) MILK RIVER.—The term ‘‘Milk River’’ 

12 means the mainstem of the Milk River and each 

13 tributary of the Milk River between the headwater of 

14 the Milk River and the confluence of the Milk River 

15 with the Missouri River, consisting of— 

16 (A) Montana Water Court Basins 40F, 

17 40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and 

18 40O; and 

19 (B) the portion of the Milk River and each 

20 tributary of the Milk River that flows through 

21 the Canadian Provinces of Alberta and Sas22 katchewan. 

23 (16) MILK RIVER COORDINATING COM24 MITTEE.—The term ‘‘Milk River Coordinating ComVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 5673 IH

1 mittee’’ means the committee established by article 

2 IV.C. of the Compact. 

3 (17) MILK RIVER PROJECT.— 

4 (A) IN GENERAL.—The term ‘‘Milk River 

5 Project’’ means the Bureau of Reclamation 

6 project conditionally approved by the Secretary 

7 on March 14, 1903, pursuant to the Act of 

8 June 17, 1902 (32 Stat. 388, chapter 1093), 

9 commencing at Lake Sherburne Reservoir and 

10 providing water to a point approximately 6 

11 miles east of Nashua, Montana. 

12 (B) INCLUSIONS.—The term ‘‘Milk River 

13 Project’’ includes the St. Mary Unit. 

14 (18) MISSOURI RIVER BASIN.—The term ‘‘Mis15 souri River Basin’’ means the hydrologic basin of 

16 the Missouri River, including tributaries. 

17 (19) OM&R.—The term ‘‘OM&R’’ means— 

18 (A) any recurring or ongoing activity asso19 ciated with the day-to-day operation of a 

20 project; 

21 (B) any activity relating to scheduled or 

22 unscheduled maintenance of a project; and 

23 (C) any activity relating to replacing a fea24 ture of a project. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 5673 IH

1 (20) PICK-SLOAN MISSOURI RIVER BASIN PRO2 GRAM.—The term ‘‘Pick-Sloan Missouri River Basin 

3 Program’’ means the Pick-Sloan Missouri River 

4 Basin Program (authorized by section 9 of the Act 

5 of December 22, 1944 (commonly known as the 

6 ‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter 

7 665)). 

8 (21) PMM.—The term ‘‘PMM’’ means the 

9 Principal Meridian, Montana. 

10 (22) RESERVATION.— 

11 (A) IN GENERAL.—The term ‘‘Reserva12 tion’’ means the area of the Fort Belknap Res13 ervation in the State, as defined in the Compact 

14 and modified by section 6. 

15 (B) INCLUSIONS.—The term ‘‘Reserva16 tion’’ includes all land and interests in land— 

17 (i) held in trust by the United States 

18 for the benefit of the Fort Belknap Indian 

19 Community, including the land within the 

20 boundary established by— 

21 (I) the Agreement with the Gros 

22 Ventre and Assiniboine Tribes of the 

23 Fort Belknap Reservation, ratified by 

24 the Act of May 1, 1888 (25 Stat. 113, 

25 chapter 212), as modified by the 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 5673 IH

1 Agreement with the Indians of the 

2 Fort Belknap Reservation of October 

3 9, 1895 (ratified by the Act of June 

4 10, 1896) (29 Stat. 350, chapter 

5 398); and 

6 (II) the Act of March 3, 1921 

7 (41 Stat. 1355, chapter 135); and 

8 (ii) to be held in trust by the United 

9 States for the benefit of the Fort Belknap 

10 Indian Community pursuant to section 6. 

11 (23) ST. MARY UNIT.— 

12 (A) IN GENERAL.—The term ‘‘St. Mary 

13 Unit’’ means the St. Mary Storage Unit of the 

14 Milk River Project authorized by Congress on 

15 March 25, 1905. 

16 (B) INCLUSIONS.—The term ‘‘St. Mary 

17 Unit’’ includes— 

18 (i) Sherburne Dam and Reservoir; 

19 (ii) Swift Current Creek Dike; 

20 (iii) Lower St. Mary Lake; 

21 (iv) St. Mary Canal Diversion Dam; 

22 and 

23 (v) St. Mary Canal and appur24 tenances. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 5673 IH

1 (24) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of the Interior. 

3 (25) SERVICE CONTRACT.—The term ‘‘service 

4 contract’’ means a business or commercial agree5 ment between a contractor and a customer covering 

6 maintenance and servicing of facilities over a speci7 fied period. 

8 (26) STATE.—The term ‘‘State’’ means the 

9 State of Montana. 

10 (27) TRIBAL WATER RIGHTS.—The term ‘‘Trib11 al water rights’’ means the water rights of the Fort 

12 Belknap Indian Community, as described in article 

13 III of the Compact and this Act, including— 

14 (A) the allocation of water to the Fort 

15 Belknap Indian Community from Lake Elwell 

16 under section 7; and 

17 (B) the water rights of allottees. 

18 (28) TRUST FUND.—The term ‘‘Trust Fund’’ 

19 means the Fort Belknap Indian Community Settle20 ment Trust Fund established under section 

21 11(b)(1). 

22 SEC. 4. RATIFICATION OF COMPACT AND JUDICIAL DE23 CREE. 

24 (a) RATIFICATION OF COMPACT.— 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 5673 IH

1 (1) IN GENERAL.—As modified by this Act, the 

2 Compact is authorized, ratified, and confirmed. 

3 (2) AMENDMENTS.—Any amendment to the 

4 Compact executed after the date of enactment of 

5 this Act is authorized, ratified, and confirmed to the 

6 extent that the amendment is executed to make the 

7 Compact consistent with this Act. 

8 (b) EXECUTION.— 

9 (1) IN GENERAL.—To the extent that the Com10 pact does not conflict with this Act, the Secretary 

11 shall execute the Compact, including all exhibits to, 

12 or parts of, the Compact requiring the signature of 

13 the Secretary. 

14 (2) MODIFICATIONS.—Nothing in this Act pre15 cludes the Secretary from approving any modifica16 tion to an appendix or exhibit to the Compact that 

17 is consistent with this Act, to the extent that the 

18 modification does not otherwise require congres19 sional approval under section 2116 of the Revised 

20 Statutes (25 U.S.C. 177) or any other applicable 

21 provision of Federal law. 

22 (c) ENVIRONMENTAL COMPLIANCE.— 

23 (1) IN GENERAL.—In implementing the Com24 pact and this Act, the Secretary shall comply with 

25 all applicable provisions of— 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 5673 IH

1 (A) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); 

3 (B) the National Environmental Policy Act 

4 of 1969 (42 U.S.C. 4321 et seq.); and 

5 (C) all other applicable environmental laws 

6 and regulations. 

7 (2) EFFECT OF EXECUTION.— 

8 (A) IN GENERAL.—The execution of the 

9 Compact by the Secretary under this subsection 

10 shall not constitute a major Federal action for 

11 purposes of the National Environmental Policy 

12 Act of 1969 (42 U.S.C. 4321 et seq.). 

13 (B) COMPLIANCE.—The Secretary shall 

14 carry out all Federal compliance activities nec15 essary to implement the Compact and this Act. 

16 SEC. 5. TRIBAL WATER RIGHTS. 

17 (a) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

18 (1) IN GENERAL.—The Tribal water rights are 

19 ratified, confirmed, and declared to be valid. 

20 (2) USE.—Any use of the Tribal water rights 

21 shall be subject to the terms and conditions of the 

22 Compact and this Act. 

23 (3) CONFLICT.—In the event of a conflict be24 tween the Compact and this Act, this Act shall con25 trol. 


kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 5673 IH

1 (b) INTENT OF CONGRESS.—It is the intent of Con2 gress to provide to each allottee benefits that are equiva3 lent to, or exceed, the benefits the allottees possess on the 

4 day before the date of enactment of this Act, taking into 

5 consideration— 

6 (1) the potential risks, cost, and time delay as7 sociated with litigation that would be resolved by the 

8 Compact and this Act; 

9 (2) the availability of funding under this Act 

10 and from other sources; 

11 (3) the availability of water from the Tribal 

12 water rights; and 

13 (4) the applicability of section 7 of the Act of 

14 February 8, 1887 (24 Stat. 390, chapter 119; 25 

15 U.S.C. 381) and this Act to protect the interests of 

16 allottees. 

17 (c) TRUST STATUS OF TRIBAL WATER RIGHTS.— 

18 The Tribal water rights— 

19 (1) shall be held in trust by the United States 

20 for the use and benefit of the Fort Belknap Indian 

21 Community in accordance with this Act; and 

22 (2) shall not be subject to forfeiture or aban23 donment. 

24 (d) ALLOTTEES.— 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 5673 IH

1 (1) APPLICABILITY OF THE ACT OF FEBRUARY

2 8, 1887.—The provisions of section 7 of the Act of 

3 February 8, 1887 (24 Stat. 390, chapter 119; 25 

4 U.S.C. 381), relating to the use of water for irriga5 tion purposes, shall apply to the Tribal water rights. 

6 (2) ENTITLEMENT TO WATER.—Any entitle7 ment to the use of water of an allottee under Fed8 eral law shall be satisfied from the Tribal water 

9 rights. 

10 (3) ALLOCATIONS.—An allottee shall be entitled 

11 to a just and equitable allocation of water for irriga12 tion purposes. 

13 (4) CLAIMS.— 

14 (A) EXHAUSTION OF REMEDIES.—Before 

15 asserting any claim against the United States 

16 under section 7 of the Act of February 8, 1887 

17 (24 Stat. 390, chapter 119; 25 U.S.C. 381), or 

18 any other applicable law, an allottee shall ex19 haust remedies available under the Tribal water 

20 code or other applicable Tribal law. 

21 (B) ACTION FOR RELIEF.—After the ex22 haustion of all remedies available under the 

23 Tribal water code or other applicable Tribal 

24 law, an allottee may seek relief under section 7 

25 of the Act of February 8, 1887 (24 Stat. 390, 


kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 5673 IH

1 chapter 119; 25 U.S.C. 381), or other applica2 ble law. 

3 (5) AUTHORITY OF THE SECRETARY.—The Sec4 retary shall have the authority to protect the rights 

5 of allottees in accordance with this section. 

6 (e) AUTHORITY OF THE FORT BELKNAP INDIAN

7 COMMUNITY.— 

8 (1) AUTHORITY.— 

9 (A) IN GENERAL.—The Fort Belknap In10 dian Community shall— 

11 (i) govern the use of the Tribal water 

12 rights pursuant to Tribal law and applica13 ble Federal law; and 

14 (ii) have— 

15 (I) administrative, regulatory, 

16 and adjudicatory authority over all 

17 Tribal water rights, including the au18 thority to allocate, distribute, use, and 

19 temporarily transfer by service con20 tract, lease, exchange, or other agree21 ment the Tribal water rights for any 

22 use on the Reservation; and 

23 (II) subject to the approval of the 

24 Secretary, the authority to voluntarily 

25 allocate, distribute, use, and tempoVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 5673 IH

1 rarily transfer by service contract, 

2 lease, exchange, or other agreement 

3 the Tribal water rights off the Res4 ervation within the Missouri River 

5 Basin. 

6 (B) MODIFICATION OF COMPACT.—If ap7 plicable State and Federal laws are amended or 

8 expanded after the date of enactment of this 

9 Act to authorize water users to transfer water 

10 rights interbasin, interstate, or internationally, 

11 the Compact shall be amended to recognize, and 

12 this Act shall recognize, the right and authority 

13 of the Fort Belknap Indian Community to tem14 porarily transfer Tribal water rights of the Fort 

15 Belknap Indian Community to the same extent 

16 permissible for State-based and other water 

17 rights users. 

18 (2) REQUIREMENTS.—A service contract, lease, 

19 exchange, or other agreement referred to in sub20 clauses (I) and (II) of paragraph (1)(A)(ii)— 

21 (A) shall be for a term of not more than 

22 100 years; 

23 (B) may include provisions for renewal of 

24 the agreement for an additional term of not 

25 more than 100 years; and 


kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 5673 IH

1 (C) shall not permanently alienate any por2 tion of the Tribal water rights. 

3 (3) LAND LEASES BY ALLOTTEES.—Notwith4 standing paragraph (1), an allottee may lease any 

5 interest in land held by the allottee, together with 

6 any water right determined to be appurtenant to the 

7 interest in land, in accordance with the Tribal water 

8 code. 

9 (4) DEFERRAL OR FORBEARANCE OF TRIBAL

10 WATER USE.— 

11 (A) IN GENERAL.—In accordance with the 

12 right of the Fort Belknap Indian Community to 

13 choose to limit the development and use of the 

14 Tribal water rights by the Fort Belknap Indian 

15 Community and to allow the water of the Tribal 

16 water rights to pass through the priority system 

17 to be diverted by a third party for compensa18 tion, as negotiated by the Fort Belknap Indian 

19 Community, the deferral or forbearance of the 

20 use of Tribal water rights shall be permissible. 

21 (B) LIMITATIONS.—The deferral or for22 bearance of the use of the Tribal water rights 

23 under subparagraph (A) shall not be considered 

24 to be— 


kjohnson on DSK79L0C42PROD with BILLS
19 

•HR 5673 IH

1 (i) a transfer of the Tribal water 

2 rights off the Reservation under paragraph 

3 (1)(A)(ii)(II); or 

4 (ii) a transfer of title of the Tribal 

5 water rights. 

6 (f) TRIBAL WATER CODE.— 

7 (1) IN GENERAL.—Notwithstanding article 

8 IV.A.2. of the Compact, not later than 4 years after 

9 the date on which the Fort Belknap Indian Commu10 nity approves the Compact in accordance with sec11 tion 10(f)(1), the Fort Belknap Indian Community 

12 shall enact a Tribal water code that— 

13 (A) is consistent with the Compact and 

14 this Act; and 

15 (B) provides for— 

16 (i) the administration, management, 

17 regulation, enforcement, and governance, 

18 including adjudicatory jurisdiction, of the 

19 Tribal water rights and all uses of the 

20 Tribal water rights; and 

21 (ii) the establishment by the Fort 

22 Belknap Indian Community of the condi23 tions, permit requirements, and other re24 quirements for the allocation, distribution, 

25 and use of the Tribal water rights, includVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
20 

•HR 5673 IH

1 ing irrigation, livestock, domestic, commer2 cial, municipal, industrial, cultural, and 

3 recreational uses. 

4 (2) INCLUSIONS.—Subject to paragraph 

5 (3)(B)(i), the Tribal water code shall— 

6 (A) provide that use of water by allottees 

7 shall be satisfied with water from the Tribal 

8 water rights; 

9 (B) provide for a process by which an al10 lottee may request that the Fort Belknap In11 dian Community provide water for irrigation 

12 use in accordance with this Act, including the 

13 provision of water under any allottee lease 

14 under section 4 of the Act of June 25, 1910 

15 (36 Stat. 856, chapter 431; 25 U.S.C. 403); 

16 (C) provide for a due process system that 

17 includes a process by which the Fort Belknap 

18 Indian Community can resolve disputes, includ19 ing a process for the resolution of— 

20 (i) any contested administrative deci21 sion, including any denial of a request for 

22 an allocation of water from the Tribal 

23 water rights by— 

24 (I) an allottee for irrigation pur25 poses on allotted land; 


kjohnson on DSK79L0C42PROD with BILLS
21 

•HR 5673 IH

1 (II) a successor-in-interest to an 

2 allottee; 

3 (III) any other member of the 

4 Fort Belknap Indian Community; or 

5 (IV) an owner of fee land within 

6 the boundaries of the Reservation; 

7 and 

8 (ii) the appeal and adjudication of ad9 ministrative decisions under clause (i) and 

10 any denied or disputed distribution of 

11 water; and 

12 (D) include a requirement that— 

13 (i) any allottee asserting a claim relat14 ing to the enforcement of rights of the al15 lottee under the Tribal water code, includ16 ing to the quantity of water allocated to 

17 land of the allottee, shall exhaust all rem18 edies available to the allottee under Tribal 

19 law before initiating an action against the 

20 United States or petitioning the Secretary 

21 pursuant to subsection (d)(4); and 

22 (ii) any other Tribal water user as23 serting a claim relating to the enforcement 

24 of rights under the Tribal water code shall 


kjohnson on DSK79L0C42PROD with BILLS
22 

•HR 5673 IH

1 exhaust all remedies available under Tribal 

2 law. 

3 (3) ACTION BY SECRETARY.— 

4 (A) IN GENERAL.—During the period be5 ginning on the date of enactment of this Act 

6 and ending on the date on which a Tribal water 

7 code described in paragraphs (1) and (2) is en8 acted, the Secretary shall administer the Tribal 

9 water rights, including with respect to the 

10 rights of allottees, in accordance with this Act. 

11 (B) APPROVAL.—The Tribal water code 

12 described in paragraphs (1) and (2) shall not be 

13 valid unless— 

14 (i) the provisions of the Tribal water 

15 code required by paragraph (2) are ap16 proved by the Secretary; and 

17 (ii) each amendment to the Tribal 

18 water code that affects a right of an allot19 tee is approved by the Secretary. 

20 (C) APPROVAL PERIOD.— 

21 (i) IN GENERAL.—The Secretary 

22 shall— 

23 (I) approve or disapprove the 

24 Tribal water code or an amendment to 

25 the Tribal water code by not later 


kjohnson on DSK79L0C42PROD with BILLS
23 

•HR 5673 IH

1 than 180 days after the date on which 

2 the Tribal water code or amendment 

3 to the Tribal water code is submitted 

4 to the Secretary; and 

5 (II) notify the Fort Belknap In6 dian Community of the decision of the 

7 Secretary by not later than 15 days 

8 after the date on which the Secretary 

9 makes the decision. 

10 (ii) NO ACTION.—If the Secretary 

11 does not approve or disapprove the Tribal 

12 water code or amendment to the Tribal 

13 water code and notify the Fort Belknap 

14 Indian Community by the applicable dead15 lines described in clause (i), the Tribal 

16 water code or amendment to the Tribal 

17 water code shall be deemed to be approved. 

18 (iii) DISAPPROVAL.—If the Secretary 

19 disapproves the Tribal water code or 

20 amendment to the Tribal water code, the 

21 Secretary, in consultation with the Fort 

22 Belknap Indian Community, shall have 90 

23 days to resolve the basis for the dis24 approval, and if the basis for the dis25 approval has not been resolved by that 


kjohnson on DSK79L0C42PROD with BILLS
24 

•HR 5673 IH

1 date, the Tribal water code shall be 

2 deemed approved. 

3 (iv) EXTENSIONS.—The deadlines de4 scribed in clauses (i)(I) and (iii) may be 

5 extended by the Secretary with the agree6 ment of the Fort Belknap Indian Commu7 nity. 

8 (g) ADMINISTRATION.— 

9 (1) NO ALIENATION.—The Fort Belknap In10 dian Community shall not permanently alienate any 

11 portion of the Tribal water rights. 

12 (2) PURCHASES OR GRANTS OF LAND FROM IN13 DIANS.—An authorization provided by this Act for 

14 the allocation, distribution, leasing, or other ar15 rangement entered into pursuant to this Act shall be 

16 considered to satisfy any requirement for authoriza17 tion of the action by treaty or convention imposed by 

18 section 2116 of the Revised Statutes (25 U.S.C. 

19 177). 

20 (3) PROHIBITION ON FORFEITURE.—The non21 use of all or any portion of the Tribal water rights 

22 by any water user shall not result in the forfeiture, 

23 abandonment, relinquishment, or other loss by the 

24 Fort Belknap Indian Community of all or any por25 tion of the Tribal water rights. 


kjohnson on DSK79L0C42PROD with BILLS
25 

•HR 5673 IH

1 (h) EFFECT.—Except as otherwise expressly provided 

2 in this section, nothing in this Act— 

3 (1) authorizes any action by an allottee against 

4 any individual or entity, or against the Fort Belknap 

5 Indian Community, under Federal, State, Tribal, or 

6 local law; or 

7 (2) alters or affects the status of any action 

8 brought pursuant to section 1491(a) of title 28, 

9 United States Code. 

10 (i) PICK-SLOAN MISSOURI RIVER BASIN PROGRAM

11 POWER RATES.—The Secretary, in cooperation with the 

12 Secretary of Energy, shall make available, at project use 

13 power pumping preferred rates established as of the date 

14 of enactment of this Act, Pick-Sloan Missouri River Basin 

15 Program pumping power to not more than 37,425 net 

16 acres under irrigation pursuant to projects of the Fort 

17 Belknap Indian Community. 

18 SEC. 6. EXCHANGE AND TRANSFER OF PUBLIC LAND INTO 

19 TRUST. 

20 (a) EXCHANGE OF FEDERAL AND STATE LAND.— 

21 (1) IN GENERAL.—In partial satisfaction of 

22 claims relating to Indian water rights covered by 

23 this Act, the Fort Belknap Indian Community 

24 agrees to the exchange and transfer of land in ac25 cordance with this subsection. 


kjohnson on DSK79L0C42PROD with BILLS
26 

•HR 5673 IH

1 (2) STATE LAND.—The Secretary shall offer to 

2 enter into negotiations with the State for the pur3 pose of exchanging Federal land described in para4 graph (3) for the following parcels of land owned by 

5 the State, located on and off of the Reservation: 

6 (A) 717.56 acres in T. 26 N., R. 22 E., 

7 sec. 16. 

8 (B) 707.04 acres in T. 27 N., R. 22 E., 

9 sec. 16. 

10 (C) 640 acres in T. 27 N., R. 21 E., sec. 

11 36. 

12 (D) 640 acres in T. 25 N., R. 22 E., sec. 

13 16. 

14 (E) 600 acres in T. 27 N., R. 20 E., sec. 

15 36, comprised of— 

(i) 160 acres in the SE1 16 ⁄4; 

(ii) 160 acres in the SW1 17 ⁄4; 

(iii) 160 acres in the NW1 18 ⁄4; 

(iv) 80 acres in the S1⁄2 of the NE1 19 ⁄4; 

20 and 

(v) 40 acres in the NW1 21 ⁄4 of the 

NE1 22 ⁄4. 

23 (F) 640 acres in T. 27 N., R. 21 E., sec. 

24 16. 


kjohnson on DSK79L0C42PROD with BILLS
27 

•HR 5673 IH

1 (G) 640 acres in T. 28 N., R. 21 E., sec. 

2 27. 

3 (H) 639.04 acres in T. 28 N., R. 22 E., 

4 sec. 16. 

5 (I) 73.36 acres in T. 29 N., R. 22 E., sec. 

6 16, comprised of— 

7 (i) 18.09 acres in lot 1; 

8 (ii) 18.25 acres in lot 2; 

9 (iii) 18.43 acres in lot 3; and 

10 (iv) 18.59 acres in lot 4. 

11 (J) 58.72 acres in T. 30 N., R. 22 E., sec. 

12 16, comprised of— 

13 (i) 14.49 acres in lot 9; 

14 (ii) 14.61 acres in lot 10; 

15 (iii) 14.75 acres in lot 11; and 

16 (iv) 14.87 acres in lot 12. 

17 (K) 640 acres in T. 29 N., R. 22 E., sec. 

18 8. 

19 (L) 400 acres in T. 29 N., R. 22 E., sec. 

20 17, comprised of— 

(i) 320 acres in the N1 21 ⁄2; and 

(ii) 80 acres in the N1⁄2 of the SW1 22 ⁄4. 

23 (M) 120 acres in T. 29 N., R. 22 E., sec. 

24 18, comprised of— 


kjohnson on DSK79L0C42PROD with BILLS
28 

•HR 5673 IH

(i) 80 acres in the E1⁄2 of the NE1 1 ⁄4; 

2 and 

(ii) 40 acres in the NE1 3 ⁄4 of the 

SE1 4 ⁄4. 

5 (N) 640 acres in T. 26 N., R. 23 E., sec. 

6 16. 

7 (O) 640 acres in T. 26 N., R. 23 E., sec. 

8 36. 

9 (P) 640 acres in T. 26 N., R. 26 E., sec. 

10 16. 

11 (Q) 640 acres in T. 26 N., R. 22 E., sec. 

12 36. 

13 (R) 640 acres in T. 26 N., R. 24 E., sec. 

14 16. 

15 (S) 640 acres in T. 27 N., R. 23 E., sec. 

16 16. 

17 (T) 640 acres in T. 27 N., R. 25 E., sec. 

18 36. 

19 (U) 640 acres in T. 28 N., R. 22 E., sec. 

20 36. 

21 (V) 640 acres in T. 28 N., R. 23 E., sec. 

22 16. 

23 (W) 640 acres in T. 28 N., R. 24 E., sec. 

24 36. 


kjohnson on DSK79L0C42PROD with BILLS
29 

•HR 5673 IH

1 (X) 640 acres in T. 28 N., R. 25 E., sec. 

2 16. 

3 (Y) 640 acres in T. 28 N., R. 25 E., sec. 

4 36. 

5 (Z) 640 acres in T. 28 N., R. 26 E., sec. 

6 16. 

7 (AA) 94.96 acres in T. 28 N., R. 26 E., 

8 sec. 36, under lease by the Fort Belknap Indian 

9 Community Council on the date of enactment of 

10 this Act, comprised of— 

11 (i) 30.68 acres in lot 5; 

12 (ii) 26.06 acres in lot 6; 

13 (iii) 21.42 acres in lot 7; and 

14 (iv) 16.8 acres in lot 8. 

15 (BB) 652.32 acres in T. 29 N., R. 22 E., 

16 sec. 16, excluding the 73.36 acres under lease 

17 by Ben Hofeldt, et al., on the date of enactment 

18 of this Act. 

19 (CC) 640 acres in T. 29 N., R. 22 E., sec. 

20 36. 

21 (DD) 640 acres in T. 29 N., R. 23 E., sec. 

22 16. 

23 (EE) 640 acres in T. 29 N., R. 24 E., sec. 

24 16. 


kjohnson on DSK79L0C42PROD with BILLS
30 

•HR 5673 IH

1 (FF) 640 acres in T. 29 N., R. 24 E., sec. 

2 36. 

3 (GG) 640 acres in T. 29 N., R. 25 E., sec. 

4 16. 

5 (HH) 640 acres in T. 29 N., R. 25 E., sec. 

6 36. 

7 (II) 640 acres in T. 29 N., R. 26 E., sec. 

8 16. 

9 (JJ) 663.22 acres in T. 30 N., R. 22 E., 

10 sec. 16, excluding the 58.72 acres under lease 

11 by Walter and Amelia Funk on the date of en12 actment of this Act. 

13 (KK) 640 acres in T. 30 N., R. 22 E., sec. 

14 36. 

15 (LL) 640 acres in T. 30 N., R. 23 E., sec. 

16 16. 

17 (MM) 640 acres in T. 30 N., R. 23 E., 

18 sec. 36. 

19 (NN) 640 acres in T. 30 N., R. 24 E., sec. 

20 16. 

21 (OO) 640 acres in T. 30 N., R. 24 E., sec. 

22 36. 

23 (PP) 640 acres in T. 30 N., R. 25 E., sec. 

24 16. 


kjohnson on DSK79L0C42PROD with BILLS
31 

•HR 5673 IH

1 (QQ) 275.88 acres in T. 30 N., R. 26 E., 

2 sec. 36, under lease by the Fort Belknap Indian 

3 Community Council on the date of enactment of 

4 this Act. 

5 (RR) 640 acres in T. 31 N., R. 22 E., sec. 

6 36. 

7 (SS) 640 acres in T. 31 N., R. 23 E., sec. 

8 16. 

9 (TT) 640 acres in T. 31 N., R. 23 E., sec. 

10 36. 

11 (UU) 34.04 acres in T. 31 N., R. 26 E., 

12 sec. 16, lot 4. 

13 (VV) 543.84 acres in T. 28 N., R. 26 E., 

14 sec. 36, comprised of— 

15 (i) 9.15 acres in lot 1; 

16 (ii) 13.69 acres in lot 2; 

17 (iii) 18.23 acres in lot 3; 

18 (iv) 22.77 acres in lot 4; 

(v) 40 acres in the NE1 19 ⁄4 of the 

NE1 20 ⁄4; 

(vi) 40 acres in the NE1 21 ⁄4 of the 

NW1 22 ⁄4; 

(vii) 40 acres in the NE1 23 ⁄4 of the 

SE1 24 ⁄4; 


kjohnson on DSK79L0C42PROD with BILLS
32 

•HR 5673 IH

(viii) 40 acres in the NE1 1 ⁄4 of the 

SW1 2 ⁄4; 

(ix) 40 acres in the NW1 3 ⁄4 of the 

NE1 4 ⁄4; 

(x) 40 acres in the NW1 5 ⁄4 of the 

SE1 6 ⁄4; 

(xi) 40 acres in the SE1 7 ⁄4 of the 

NE1 8 ⁄4; 

(xii) 40 acres in the SE1 9 ⁄4 of the 

NW1 10 ⁄4; 

(xiii) 40 acres in the SE1 11 ⁄4 of the 

SE1 12 ⁄4; 

(xiv) 40 acres in the SE1 13 ⁄4 of the 

SW1 14 ⁄4; 

(xv) 40 acres in the SW1 15 ⁄4 of the 

NE1 16 ⁄4; and 

(xvi) 40 acres in the SW1 17 ⁄4 of the 

SE1 18 ⁄4. 

19 (WW) 369.36 acres in T. 30 N., R. 26 E., 

20 sec. 36, comprised of— 

21 (i) 45.82 acres in lot 1; 

22 (ii) 10.16 acres in lot 2; 

23 (iii) 14.52 acres in lot 3; 

24 (iv) 18.86 acres in lot 4; 


kjohnson on DSK79L0C42PROD with BILLS
33 

•HR 5673 IH

(v) 40 acres in the NE1 1 ⁄4 of the 

NE1 2 ⁄4; 

(vi) 40 acres in the SW1 3 ⁄4 of the 

NE1 4 ⁄4; 

(vii) 40 acres in the SE1 5 ⁄4 of the 

NE1 6 ⁄4; 

(viii) 40 acres in the NE1 7 ⁄4 of the 

SE1 8 ⁄4; 

(ix) 40 acres in the NW1 9 ⁄4 of the 

SE1 10 ⁄4; 

(x) 40 acres in the SE1⁄4 of the SE1 11 ⁄4; 

12 and 

(xi) 40 acres in the SW1 13 ⁄4 of the 

SE1 14 ⁄4. 

15 (3) FEDERAL LAND.— 

16 (A) IN GENERAL.—Notwithstanding any 

17 other provision of law, subject to subparagraph 

18 (B), for purposes of a land exchange under this 

19 subsection, the Secretary may exchange any 

20 Federal land within 100 miles of the Reserva21 tion. 

22 (B) COMPLETION.—A land exchange under 

23 subparagraph (A) shall be completed by not 

24 later than 15 years after the date of enactment 

25 of this Act. 


kjohnson on DSK79L0C42PROD with BILLS
34 

•HR 5673 IH

1 (4) REQUIREMENTS.— 

2 (A) VALUE.—The Secretary shall negotiate 

3 with the State using the roughly equivalent the4 ory of valuation of any Federal land exchanged 

5 for State land. 

6 (B) BASIS.—Unless the Secretary and the 

7 State specifically agree otherwise, each land ex8 change under this subsection shall be on a 

9 whole-estate for whole-estate basis. 

10 (5) EXISTING RIGHTS AND USES.— 

11 (A) USES.— 

12 (i) IN GENERAL.—Subject to clause 

13 (ii), any use (including grazing) authorized 

14 under a valid lease, permit, or right-of-way 

15 on land exchanged under this subsection, 

16 as in effect on the date of the transfer, 

17 shall remain in effect until the date on 

18 which the lease, permit, or right-of-way ex19 pires. 

20 (ii) EXCEPTION.—Clause (i) shall not 

21 apply if the holder of the lease, permit, or 

22 right-of-way requests an earlier termi23 nation of the lease, permit, or right-of-way 

24 in accordance with applicable law. 


kjohnson on DSK79L0C42PROD with BILLS
35 

•HR 5673 IH

1 (B) IMPROVEMENTS.—Any improvements 

2 constituting personal property (as defined by 

3 State law) on land exchanged under this sub4 section by the holder of the lease, permit, or 

5 right-of-way shall remain the property of the 

6 holder and shall be removed not later than 90 

7 days after the date on which the lease, permit, 

8 or right-of-way expires, unless the Fort Belknap 

9 Indian Community and the holder agree other10 wise. 

11 (C) ELIGIBILITY.—Notwithstanding para12 graph (3)(B), if, at any time after the date of 

13 enactment of this Act, the Fort Belknap Indian 

14 Community Council enters into a lease for any 

15 other State parcel or secures the written con16 sent of each lessee of any other State parcel to 

17 the exchange of that parcel, the other State 

18 parcel shall be eligible for exchange and trans19 fer under this subsection. 

20 (6) QUANTITY OF STATE LAND TO BE EX21 CHANGED OR TRANSFERRED.— 

22 (A) ON RESERVATION.—The total quantity 

23 of State land located within the boundaries of 

24 the Reservation that shall be exchanged and 


kjohnson on DSK79L0C42PROD with BILLS
36 

•HR 5673 IH

1 transferred under this subsection is 20,296.1 

2 acres. 

3 (B) OFF RESERVATION.—The total quan4 tity of State land located outside of the bound5 aries of the Reservation that shall be exchanged 

6 and transferred under this subsection is 7,413 

7 acres. 

8 (b) FEDERAL LAND TRANSFERS.— 

9 (1) IN GENERAL.—In partial satisfaction of 

10 claims relating to Indian water rights covered by 

11 this Act, the Fort Belknap Indian Community 

12 agrees to the transfer of land in accordance with 

13 this subsection. 

14 (2) TRANSFERS.— 

15 (A) IN GENERAL.—Subject to subpara16 graphs (B) and (C), on selection and request by 

17 the Fort Belknap Indian Community, the Sec18 retary shall restore all Federal land within the 

19 parcels described in paragraph (3) to the Fort 

20 Belknap Indian Community by transfer to the 

21 United States, to be held in trust for the ben22 efit of the Fort Belknap Indian Community. 

23 (B) VALID EXISTING RIGHTS.—Any land 

24 subject to valid existing private rights, including 

25 land subject to sections 2318 through 2352 of 


kjohnson on DSK79L0C42PROD with BILLS
37 

•HR 5673 IH

1 the Revised Statutes (commonly known as the 

2 ‘‘Mining Law of 1872’’) (30 U.S.C. 21 et seq.), 

3 shall not be transferred under subparagraph 

4 (A). 

5 (C) EASEMENTS.—Any road within a par6 cel described in paragraph (3) that is necessary 

7 for customary access to a fee parcel by the fee 

8 owner or another private right shall be contin9 ued with guaranteed access to the fee parcel or 

10 private right through an easement at the ex11 pense of the fee owner or owner of the private 

12 right. 

13 (3) DESCRIPTION OF PARCELS.—The parcels 

14 referred to in paragraph (2) are the following: 

15 (A) BUREAU OF LAND MANAGEMENT PAR16 CELS.— 

17 (i) 59.46 acres in T. 25 N., R. 22 E., 

18 sec. 4, comprised of— 

19 (I) 19.55 acres in lot 10; 

20 (II) 19.82 acres in lot 11; and 

21 (III) 20.09 acres in lot 16. 

(ii) 324.24 acres in the N1 22 ⁄2 of T. 25 

23 N., R. 22 E., sec. 5. 

24 (iii) 403.56 acres in T. 25 N., R. 22 

25 E., sec. 9, comprised of— 


kjohnson on DSK79L0C42PROD with BILLS
38 

•HR 5673 IH

(I) 41.11 acres in the E1 1 ⁄4 of the 

NE1 2 ⁄4; and 

(II) 362.45 acres in the S1 3 ⁄2. 

4 (iv) 70.63 acres in T. 25 N., R. 22 

5 E., sec. 13, comprised of— 

6 (I) 18.06 acres in lot 5; 

7 (II) 18.25 acres in lot 6; 

8 (III) 18.44 acres in lot 7; and 

9 (IV) 15.88 acres in lot 8. 

10 (v) 71.12 acres in T. 25 N., R. 22 E., 

11 sec. 14, comprised of— 

12 (I) 17.65 acres in lot 5; 

13 (II) 17.73 acres in lot 6; 

14 (III) 17.83 acres in lot 7; and 

15 (IV) 17.91 acres in lot 8. 

16 (vi) 81.73 acres in T. 25 N., R. 22 

17 E., sec. 15, comprised of— 

18 (I) 29.50 acres in lot 7; 

19 (II) 17.28 acres in lot 8; 

20 (III) 17.41 acres in lot 9; and 

21 (IV) 17.54 acres in lot 10. 

22 (vii) 160 acres in T. 26 N., R. 21 E., 

23 sec. 1, comprised of— 

(I) 80 acres in the S1 24 ⁄2 of the 

NW1 25 ⁄4; and 


kjohnson on DSK79L0C42PROD with BILLS
39 

•HR 5673 IH

(II) 80 acres in the W1 1 ⁄2 of the 

SW1 2 ⁄4. 

3 (viii) 567.50 acres in T. 26 N., R. 21 

4 E., sec. 2, comprised of— 

(I) 82.54 acres in the E1 5 ⁄2 of the 

NW1 6 ⁄4; 

(II) 164.96 acres in the NE1 7 ⁄4; 

8 and 

(III) 320 acres in the S1 9 ⁄2. 

10 (ix) 240 acres in T. 26 N., R. 21 E., 

11 sec. 3, comprised of— 

(I) 40 acres in the SE1 12 ⁄4 of the 

NW1 13 ⁄4; 

(II) 160 acres in the SW1 14 ⁄4; and 

(III) 40 acres in the SW1 15 ⁄4 of the 

SE1 16 ⁄4. 

17 (x) 120 acres in T. 26 N., R. 21 E., 

18 sec. 4, comprised of— 

(I) 80 acres in the E1 19 ⁄2 of the 

SE1 20 ⁄4; and 

(II) 40 acres in the NW1 21 ⁄4 of the 

SE1 22 ⁄4. 

23 (xi) 200 acres in T. 26 N., R. 21 E., 

24 sec. 5, comprised of— 

(I) 160 acres in the SW1 25 ⁄4; and 


kjohnson on DSK79L0C42PROD with BILLS
40 

•HR 5673 IH

(II) 40 acres in the SW1 1 ⁄4 of the 

NW1 2 ⁄4. 

(xii) 40 acres in the SE1 3 ⁄4 of the 

SE1 4 ⁄4 of T. 26 N., R. 21 E., sec. 6. 

5 (xiii) 240 acres in T. 26 N., R. 21 E., 

6 sec. 8, comprised of— 

(I) 40 acres in the NE1 7 ⁄4 of the 

SW1 8 ⁄4; 

(II) 160 acres in the NW1 9 ⁄4; and 

(III) 40 acres in the NW1 10 ⁄4 of 

the SE1 11 ⁄4. 

(xiv) 320 acres in the E1 12 ⁄2 of T. 26 

13 N., R. 21 E., sec. 9. 

14 (xv) 640 acres in T. 26 N., R. 21 E., 

15 sec. 10. 

16 (xvi) 600 acres in T. 26 N., R. 21 E., 

17 sec. 11, comprised of— 

(I) 320 acres in the N1 18 ⁄2; 

(II) 80 acres in the N1 19 ⁄2 of the 

SE1 20 ⁄4; 

(III) 160 acres in the SW1 21 ⁄4; and 

(IV) 40 acres in the SW1 22 ⁄4 of the 

SE1 23 ⁄4. 

24 (xvii) 513.49 acres in T. 26 N., R. 22 

25 E., sec. 21, comprised of— 


kjohnson on DSK79L0C42PROD with BILLS
41 

•HR 5673 IH

(I) 160 acres in the NW1 1 ⁄4; and 

(II) 353.49 acres in the S1 2 ⁄2. 

3 (xviii) 719.58 acres in T. 26 N., R. 22 

4 E., sec. 28. 

5 (xix) 560 acres in T. 26 N., R. 22 E., 

6 sec. 29, comprised of— 

(I) 320 acres in the N1 7 ⁄2; 

(II) 160 acres in the N1 8 ⁄2 of the 

S1 9 ⁄2; and 

(III) 80 acres in the S1 10 ⁄2 of the 

SE1 11 ⁄4. 

12 (xx) 400 acres in T. 26 N., R. 22 E., 

13 sec. 32, comprised of— 

(I) 320 acres in the S1 14 ⁄2; and 

(II) 80 acres in the S1 15 ⁄2 of the 

NW1 16 ⁄4. 

17 (xxi) 455.51 acres in T. 26 N., R. 22 

18 E., sec. 33, comprised of— 

19 (I) 58.25 acres in lot 3; 

20 (II) 58.5 acres in lot 4; 

21 (III) 58.76 acres in lot 5; 

(IV) 40 acres in the NW1 22 ⁄4 of the 

NE1 23 ⁄4; 

(V) 160 acres in the SW1 24 ⁄4; and 


kjohnson on DSK79L0C42PROD with BILLS
42 

•HR 5673 IH

(VI) 80 acres in the W1 1 ⁄2 of the 

SE1 2 ⁄4. 

3 (xxii) 88.71 acres in T. 27 N., R. 21 

4 E., sec. 1, comprised of— 

5 (I) 24.36 acres in lot 1; 

6 (II) 24.35 acres in lot 2; and 

(III) 40 acres in the SW1 7 ⁄4 of the 

SW1 8 ⁄4. 

9 (xxiii) 97.40 acres in T. 27 N., R. 21 

10 E., sec. 2, comprised of— 

11 (I) 24.34 acres in lot 1; 

12 (II) 24.35 acres in lot 2; 

13 (III) 24.35 acres in lot 3; and 

14 (IV) 24.36 acres in lot 4. 

15 (xxiv) 168.72 acres in T. 27 N., R. 21 

16 E., sec. 3, comprised of— 

17 (I) 24.36 acres in lot 1; 

18 (II) 24.36 acres in lot 2; 

19 (III) 40 acres in lot 8; 

20 (IV) 40 acres in lot 11; and 

21 (V) 40 acres in lot 12. 

22 (xxv) 80 acres in T. 27 N., R. 21 E., 

23 sec. 11, comprised of— 

(I) 40 acres in the NW1 24 ⁄4 of the 

SW1 25 ⁄4; and 


kjohnson on DSK79L0C42PROD with BILLS
43 

•HR 5673 IH

(II) 40 acres in the SW1 1 ⁄4 of the 

NW1 2 ⁄4. 

3 (xxvi) 200 acres in T. 27 N., R. 21 

4 E., sec. 12, comprised of— 

(I) 80 acres in the E1 5 ⁄2 of the 

SW1 6 ⁄4; 

(II) 40 acres in the NW1 7 ⁄4 of the 

NW1 8 ⁄4; and 

(III) 80 acres in the S1 9 ⁄2 of the 

NW1 10 ⁄4. 

(xxvii) 38.87 acres in the NW1 11 ⁄4 of 

the SW1 12 ⁄4 of T. 27 N., R. 21 E., sec. 19. 

(xxviii) 40 acres in the SE1 13 ⁄4 of the 

NE1 14 ⁄4 of T. 27 N., R. 21 E., sec. 23. 

15 (xxix) 320 acres in T. 27 N., R. 21 

16 E., sec. 24, comprised of— 

(I) 80 acres in the E1 17 ⁄2 of the 

NW1 18 ⁄4; 

(II) 160 acres in the NE1 19 ⁄4; 

(III) 40 acres in the NE1 20 ⁄4 of the 

SE1 21 ⁄4; and 

(IV) 40 acres in the SW1 22 ⁄4 of the 

SW1 23 ⁄4. 

24 (xxx) 120 acres in T. 27 N., R. 21 E., 

25 sec. 25, comprised of— 


kjohnson on DSK79L0C42PROD with BILLS
44 

•HR 5673 IH

(I) 80 acres in the S1 1 ⁄2 of the 

NE1 2 ⁄4; and 

(II) 40 acres in the SE1 3 ⁄4 of the 

NW1 4 ⁄4. 

(xxxi) 40 acres in the NE1 5 ⁄4 of the 

SE1 6 ⁄4 of T. 27 N., R. 21 E., sec. 26. 

(xxxii) 160 acres in the NW1 7 ⁄4 of T. 

8 27 N., R. 21 E., sec. 27. 

(xxxiii) 40 acres in the SW1 9 ⁄4 of the 

SW1 10 ⁄4 of T. 27 N., R. 21 E., sec. 29. 

(xxxiv) 40 acres in the SW1 11 ⁄4 of the 

NE1 12 ⁄4 of T. 27 N., R. 21 E., sec 30. 

13 (xxxv) 120 acres in T. 27 N., R. 21 

14 E., sec. 33, comprised of— 

(I) 40 acres in the SE1 15 ⁄4 of the 

NE1 16 ⁄4; and 

(II) 80 acres in the N1 17 ⁄2 of the 

SE1 18 ⁄4. 

19 (xxxvi) 440 acres in T. 27 N., R. 21 

20 E., sec. 34, comprised of— 

(I) 160 acres in the N1 21 ⁄2 of the 

S1 22 ⁄2; 

(II) 160 acres in the NE1 23 ⁄4; 

(III) 80 acres in the S1 24 ⁄2 of the 

NW1 25 ⁄4; and 


kjohnson on DSK79L0C42PROD with BILLS
45 

•HR 5673 IH

(IV) 40 acres in the SE1 1 ⁄4 of the 

SE1 2 ⁄4. 

3 (xxxvii) 133.44 acres in T. 27 N., R. 

4 22 E., sec. 4, comprised of— 

5 (I) 28.09 acres in lot 5; 

6 (II) 25.35 acres in lot 6; 

7 (III) 40 acres in lot 10; and 

8 (IV) 40 acres in lot 15. 

9 (xxxviii) 160 acres in T. 27 N., R. 22 

10 E., sec. 7, comprised of— 

(I) 40 acres in the NE1 11 ⁄4 of the 

NE1 12 ⁄4; 

(II) 40 acres in the NW1 13 ⁄4 of the 

SW1 14 ⁄4; and 

(III) 80 acres in the W1 15 ⁄2 of the 

NW1 16 ⁄4. 

17 (xxxix) 120 acres in T. 27 N., R. 22 

18 E., sec. 8, comprised of— 

(I) 80 acres in the E1 19 ⁄2 of the 

NW1 20 ⁄4; and 

(II) 40 acres in the NE1 21 ⁄4 of the 

SW1 22 ⁄4. 

(xl) 40 acres in the SW1 23 ⁄4 of the 

NW1 24 ⁄4 of T. 27 N., R. 22 E., sec. 9. 


kjohnson on DSK79L0C42PROD with BILLS
46 

•HR 5673 IH

(xli) 40 acres in the NE1 1 ⁄4 of the 

SW1 2 ⁄4 of T. 27 N., R. 22 E., sec. 17. 

(xlii) 40 acres in the NW1 3 ⁄4 of the 

NW1 4 ⁄4 of T. 27 N., R. 22 E., sec. 19. 

(xliii) 40 acres in the SE1 5 ⁄4 of the 

NW1 6 ⁄4 of T. 27 N., R22 E., sec. 20. 

(xliv) 80 acres in the W1 7 ⁄2 of the 

SE1 8 ⁄4 of T. 27 N., R. 22 E., sec. 31. 

(xlv) 52.36 acres in the SE1 9 ⁄4 of the 

SE1 10 ⁄4 of T. 27 N., R. 22 E., sec. 33. 

(xlvi) 40 acres in the NE1 11 ⁄4 of the 

SW1 12 ⁄4 of T. 28 N., R. 22 E., sec. 29. 

(xlvii) 40 acres in the NE1 13 ⁄4 of the 

NE1 14 ⁄4 of T. 26 N., R. 21 E., sec. 7. 

(xlviii) 40 acres in the SW1 15 ⁄4 of the 

NW1 16 ⁄4 of T. 26 N., R. 21 E., sec. 12. 

(xlix) 42.38 acres in the NW1 17 ⁄4 of the 

NE1 18 ⁄4 of T. 26 N., R. 22 E., sec. 6. 

(l) 320 acres in the E1 19 ⁄2 of T. 26 N., 

20 R. 22 E., sec. 17. 

(li) 80 acres in the E1⁄2 of the NE1 21 ⁄4

22 of T. 26 N., R. 22 E., sec. 20. 

23 (lii) 240 acres in T. 26 N., R. 22 E., 

24 sec. 30, comprised of— 


kjohnson on DSK79L0C42PROD with BILLS
47 

•HR 5673 IH

(I) 80 acres in the E1 1 ⁄2 of the 

NE1 2 ⁄4; 

(II) 80 acres in the N1 3 ⁄2 of the 

SE1 4 ⁄4; 

(III) 40 acres in the SE1 5 ⁄4 of the 

NW1 6 ⁄4; and 

(IV) 40 acres in the SW1 7 ⁄4 of the 

NE1 8 ⁄4. 

9 (B) DEPARTMENT OF AGRICULTURE PAR10 CELS.—The parcels of approximately 3,519.3 

11 acres of trust land that has been converted to 

12 fee land, judicially foreclosed on, and acquired 

13 by the Department of Agriculture described in 

14 clauses (i) through (iii). 

15 (i) BENJAMIN KIRKALDIE.—The land 

16 described in this clause is 640 acres in T. 

17 29 N., R. 26 E., comprised of— 

(I) the SW1 18 ⁄4 of sec. 27; 

(II) the NE1 19 ⁄4 of sec. 33; and 

(III) the W1 20 ⁄2 of sec. 34. 

21 (ii) EMMA LAMEBULL.—The land de22 scribed in this clause is 320 acres in the 

N1 23 ⁄2 of T. 30 N., R. 23 E., sec. 28. 


kjohnson on DSK79L0C42PROD with BILLS
48 

•HR 5673 IH

1 (iii) ALFRED MINUGH.—The land de2 scribed in this clause is 2,559.3 acres, 

3 comprised of— 

4 (I) T. 28 N., R. 24 E., includ5 ing— 

6 (aa) of sec. 16— 

(AA) the E1⁄2, W1 7 ⁄2, 

E1⁄2, W1⁄2, W1⁄2, NE1 8 ⁄4; 

(BB) the E1⁄2, E1 9 ⁄2, 

W1⁄2, W1⁄2, NE1 10 ⁄4; 

(CC) the E1⁄2, W1 11 ⁄2, 

NE1 12 ⁄4; 

(DD) the W1⁄2, E1 13 ⁄2, 

NE1 14 ⁄4; 

(EE) the W1⁄2, E1 15 ⁄2, 

E1⁄2, NE1 16 ⁄4; 

(FF) the W1⁄2, W1 17 ⁄2, 

E1⁄2, E1⁄2, E1⁄2, NE1 18 ⁄4; and 

(GG) the SE1 19 ⁄4; 

20 (bb) all of sec. 21; 

(cc) the S1 21 ⁄2 of sec. 22; and 

(dd) the W1 22 ⁄2 of sec. 27; 

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

24 including— 

(aa) the S1 25 ⁄2 of sec. 1; and 


kjohnson on DSK79L0C42PROD with BILLS
49 

•HR 5673 IH

(bb) the N1 1 ⁄2 of sec. 12; 

2 (III) 39.9 acres in T. 29 N., R. 

3 26 E., PMM, sec. 6, lot 2; 

4 (IV) T. 30 N., R. 26 E., PMM, 

5 including— 

6 (aa) 39.4 acres in sec. 3, lot 

7 2; 

(bb) the SW1⁄4 of the SW1 8 ⁄4

9 of sec. 4; 

(cc) the E1⁄2 of the SE1 10 ⁄4 of 

11 sec. 5; 

(dd) the S1⁄2 of the SE1 12 ⁄4 of 

13 sec. 7; and 

(ee) the N1⁄2, N1⁄2, NE1 14 ⁄4 of 

15 sec. 18; and 

16 (V) T. 31 N., R. 26 E., PMM, 

the NW1⁄4 of the SE1 17 ⁄4 of sec. 31. 

18 (C) GRINNELL LANDS.—The following par19 cels, known as the ‘‘Grinnell Lands’’: 

20 (i) 547.20 acres in T. 25 N., R. 24 

21 E., sec. 1, exterior to the CERCLA bound22 ary, comprised of— 

23 (I) lots 1 through 12; and 

(II) 160 acres of the SW1 24 ⁄4. 


kjohnson on DSK79L0C42PROD with BILLS
50 

•HR 5673 IH

1 (ii) 275.55 acres in T. 25 N., R. 24 

2 E., sec. 11, exterior to the CERCLA 

3 boundary. 

4 (iii) 682.45 acres in T. 25 N., R. 24 

5 E., sec. 2, comprised of— 

6 (I) lots 1 through 12; 

7 (II) 40 acres in each of— 

8 (aa) the SESW; 

9 (bb) the SWSW; 

10 (cc) the NESW; and 

11 (dd) the NWSW; and 

(III) 135.73 acres of the SE1 12 ⁄4. 

13 (iv) 463.99 acres in T. 25 N., R. 24 

14 E., sec. 3, comprised of— 

15 (I) lots 5 through 15; and 

(II) 160 acres of the SE1 16 ⁄4. 

17 (v) 109.48 acres in T. 25 N., R. 24 

18 E., sec. 10, comprised of— 

19 (I) lot 5; and 

(II) 80 acres of the N1 20 ⁄2 of the 

NE1 21 ⁄4. 

22 (vi) 139.17 acres in T. 25 N., R. 24 

23 E., sec. 12, exterior to the CERCLA 

24 boundary, comprised of— 

25 (I) lots 14 and 15; and 


kjohnson on DSK79L0C42PROD with BILLS
51 

•HR 5673 IH

(II) 80 acres of the N1 1 ⁄2 of the 

NW1 2 ⁄4. 

3 (vii) 322.77 acres in T. 25 N., R. 24 

4 E., sec. 16, comprised of— 

5 (I) lots 9 through 12; and 

(II) 160 acres of the S1 6 ⁄2 of the 

S1 7 ⁄2. 

8 (viii) 391.45 acres in T. 25 N., R. 24 

9 E., sec. 17, comprised of— 

10 (I) lots 8, 9, 10, and 13; 

(II) 40 acres of the NW1 11 ⁄4 of the 

SE1 12 ⁄4; 

(III) 80 acres of the N1 13 ⁄2 of the 

SW1 14 ⁄4; and 

(IV) 160 acres of the S1 15 ⁄2 of the 

S1 16 ⁄2. 

(ix) 320 acres in the W1 17 ⁄2 of T. 25 N., 

18 R. 24 E., sec. 21, exterior to the CERCLA 

19 boundary. 

20 (x) 79.47 acres in T. 25 N., R. 25 E., 

21 sec. 2, comprised of lots 3 through 7. 

22 (xi) 647.09 acres in T. 25 N., R. 25 

23 E., sec. 3, comprised of— 

24 (I) lots 4 through 17; 


kjohnson on DSK79L0C42PROD with BILLS
52 

•HR 5673 IH

(II) 40 acres of the NW1 1 ⁄4 of the 

SE1 2 ⁄4; and 

(III) 160 acres of the SW1 3 ⁄4. 

4 (xii) 695.09 acres in T. 25 N., R. 25 

5 E., sec. 4, comprised of— 

6 (I) lots 1 through 12; and 

(II) 320 acres of the S1 7 ⁄2. 

8 (xiii) 671.39 acres in T. 25 N., R. 25. 

9 E., sec. 5, comprised of— 

10 (I) lots 1 through 12; and 

(II) 320 acres of the S1 11 ⁄2. 

12 (xiv) 543.56 acres in T. 25 N., R. 25 

13 E., sec. 6, exterior to the CERCLA bound14 ary, comprised of— 

15 (I) lots 1 through 12; and 

(II) 160 acres of the SE1 16 ⁄4. 

17 (xv) 480 acres in T. 25 N., R. 25 E., 

18 sec. 8, exterior to the CERCLA boundary, 

19 comprised of— 

(I) 320 acres of the N1 20 ⁄2; and 

(II) 160 acres of the SE1 21 ⁄4. 

22 (xvi) 640 acres in T. 25 N., R. 25 E., 

23 sec. 9. 

24 (xvii) 202.76 acres in T. 25 N., R. 25 

25 E., sec. 10, comprised of— 


kjohnson on DSK79L0C42PROD with BILLS
53 

•HR 5673 IH

1 (I) lots 6 through 11; and 

(II) 80 acres of the W1 2 ⁄2 of the 

NW1 3 ⁄4. 

4 (xviii) 17.66 acres in T. 26 N., R. 24 

5 E., sec. 22, lot 3. 

6 (xix) 109.33 acres in T. 26 N., R. 24 

7 E., sec. 23, comprised of lots 5 through 7. 

8 (xx) 443.59 acres in T. 26 N., R. 24 

9 E., sec. 25, comprised of— 

10 (I) lots 5 through 10; 

(II) 160 acres of the SW1 11 ⁄4; 

(III) 40 acres of the SW1 12 ⁄4 of the 

NW1 13 ⁄4; and 

(IV) 80 acres of the W1 14 ⁄2 of the 

SE1 15 ⁄2. 

16 (xxi) 630.36 acres in T. 26 N., R. 24 

17 E., sec. 26, comprised of— 

18 (I) lots 2 through 5; 

(II) 320 acres of the S1 19 ⁄2; and 

(III) 160 acres of the S1 20 ⁄2 of the 

N1 21 ⁄2. 

22 (xxii) 91.97 acres in T. 26 N., R. 24 

23 E., sec. 27, comprised of lots 5 through 8. 

24 (xxiii) 291.60 acres in T. 26 N., R. 

25 24 E., sec. 34, comprised of— 


kjohnson on DSK79L0C42PROD with BILLS
54 

•HR 5673 IH

1 (I) lots 5 through 8; 

(II) 160 acres of the E1 2 ⁄2 of the 

E1 3 ⁄2; and 

(III) 40 acres of the SW1 4 ⁄4 of the 

SE1 5 ⁄4. 

6 (xxiv) 640 acres in T. 26 N., R. 24 

7 E., sec. 35. 

8 (xxv) 640 acres in T. 26 N., R. 24 E., 

9 sec. 36. 

10 (xxvi) 13 acres in T. 26 N., R. 25 E., 

11 sec. 25. 

12 (xxvii) 246.54 acres in T. 26 N., R. 

13 25 E., sec. 26, comprised of lots 6 through 

14 15. 

15 (xxviii) 245.20 acres in T. 26 N., R. 

16 25 E., sec. 27, comprised of lots 5 through 

17 12. 

18 (xxix) 275.44 acres in T. 26 N., R. 25 

19 E., sec. 28, comprised of lots 5 through 

20 12. 

21 (xxx) 308.80 acres in T. 26 N., R. 25 

22 E., sec. 29, comprised of lots 5 through 

23 12. 


kjohnson on DSK79L0C42PROD with BILLS
55 

•HR 5673 IH

1 (xxxi) 287.86 acres in T. 26 N., R. 25 

2 E., sec. 30, comprised of lots 6 through 

3 13. 

4 (xxxii) 634.30 acres in T. 26 N., R. 

5 25 E., sec. 31, comprised of— 

6 (I) lots 1 through 4; 

(II) 320 acres of the E1 7 ⁄2; and 

(III) 160 acres of the E1 8 ⁄2 of the 

W1 9 ⁄2. 

10 (xxxiii) 640 acres in T. 26 N., R. 25 

11 E., sec. 32. 

12 (xxxiv) 640 acres in T. 26 N., R. 25 

13 E., sec. 33. 

14 (xxxv) 640 acres in T. 26 N., R. 25 

15 E., sec. 34. 

16 (xxxvi) 488.08 acres in T. 26 N., R. 

17 25 E., sec. 35, comprised of— 

18 (I) lots 5 through 10; 

(II) 80 acres of the N1 19 ⁄2 of the 

SW1 20 ⁄4; 

(III) 160 acres of the NW1 21 ⁄4; and 

(IV) 40 acres of the SW1 22 ⁄4 of the 

SW1 23 ⁄4. 

24 (D) BUREAU OF RECLAMATION PAR25 CELS.— 


kjohnson on DSK79L0C42PROD with BILLS
56 

•HR 5673 IH

1 (i) IN GENERAL.—Subject to clause 

2 (ii), the Bureau of Reclamation land de3 scribed in clause (iii) shall be transferred 

4 by the United States to the Fort Belknap 

5 Indian Community without charge, to be 

6 held in trust by the United States for the 

7 benefit of the Fort Belknap Indian Com8 munity. 

9 (ii) RESTRICTIONS.— 

10 (I) IN GENERAL.—A transfer 

11 under this subparagraph shall not 

12 occur unless and until a cooperative 

13 agreement has been negotiated among 

14 the Bureau of Reclamation, the Bu15 reau of Indian Affairs, and the Fort 

16 Belknap Indian Community— 

17 (aa) to ensure that the Bu18 reau of Reclamation and any suc19 cessor in interest, including the 

20 Malta Irrigation District, shall 

21 retain adequate rights-of-way to 

22 carry out OM&R, consistent with 

23 all applicable laws and any deliv24 ery contracts within the Reserva25 tion in effect on the date of enVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
57 

•HR 5673 IH

1 actment of this Act, at the Milk 

2 River Project and Dodson; 

3 (bb) to manage and imple4 ment the planning, design, and 

5 construction activities described 

6 in this section; and 

7 (cc) to agree on the uses to 

8 which the Fort Belknap Indian 

9 Community may put the land de10 scribed in clause (iii). 

11 (II) MILK RIVER PROJECT.—The 

12 transfer of the Bureau of Reclamation 

13 land described in clause (iii) shall be 

14 subject to— 

15 (aa) the right of ingress and 

16 egress by personnel of the Bu17 reau of Reclamation, the Malta 

18 Irrigation District (or a successor 

19 in interest to the Malta Irrigation 

20 District), and other authorized 

21 personnel for Milk River Project 

22 purposes; 

23 (bb) all existing rights-of24 way of record or in use for 

25 Dodson and access to Dodson for 


kjohnson on DSK79L0C42PROD with BILLS
58 

•HR 5673 IH

1 Milk River Project purposes, as 

2 determined by the Bureau of 

3 Reclamation, the Malta Irrigation 

4 District (or a successor in inter5 est to the Malta Irrigation Dis6 trict), and authorized personnel; 

7 and 

8 (cc) the right of the Bureau 

9 of Reclamation and the Malta Ir10 rigation District (or a successor 

11 in interest to the Malta Irrigation 

12 District)— 

13 (AA) to seep, flood, and 

14 overflow the transferred land 

15 for Milk River Project pur16 poses; and 

17 (BB) to prohibit the 

18 construction of permanent 

19 structures on the transferred 

20 land, except as provided in 

21 the cooperative agreement 

22 under subclause (I) and ex23 cept to meet the require24 ments of the irrigation 

25 project. 


kjohnson on DSK79L0C42PROD with BILLS
59 

•HR 5673 IH

1 (iii) DESCRIPTION OF LAND.—The 

2 Bureau of Reclamation land to be trans3 ferred under this subparagraph is the ap4 proximately 2,575 acres of land owned by 

5 the United States on the northeast corner 

6 of the Reservation, comprised of— 

7 (I) 310.97 acres in T. 30 N., R. 

8 26 E., sec. 1, comprised of— 

9 (aa) 10.15 acres in lot 10; 

10 (bb) 37.96 acres in lot 11; 

11 (cc) 37.90 acres in the 

NE1⁄4 of the SW1 12 ⁄4; 

13 (dd) 10.06 acres in the 

NW1⁄4 of the NW1 14 ⁄4; 

(ee) 40 acres in the NW1 15 ⁄4

of the SE1 16 ⁄4; 

(ff) 2.18 acres in the SE1 17 ⁄4

of the NW1 18 ⁄4; 

19 (gg) 30.20 acres in the 

SE1⁄4 of the SE1 20 ⁄4; 

21 (hh) 34.53 acres in the 

SE1⁄4 of the SW1 22 ⁄4; 

(ii) 23.30 acres in the SW1 23 ⁄4

of the NE1 24 ⁄4; 


kjohnson on DSK79L0C42PROD with BILLS
60 

•HR 5673 IH

(jj) 15.76 acres in the SW1 1 ⁄4

of the NW1 2 ⁄4; 

3 (kk) 32.17 acres in the 

SW1⁄4 of the SE1 4 ⁄4; and 

(ll) 36.76 acres in the NW1 5 ⁄4

of the SW1 6 ⁄4; 

7 (II) 15.81 acres in T. 30 N., R. 

8 26 E., sec. 2, comprised of— 

9 (aa) 15.79 acres in the 

NE1⁄4 of the NE1 10 ⁄4 (all except lot 

11 5); and 

(bb) 0.02 acres in the SE1 12 ⁄4

of the NE1 13 ⁄4 (all except lot 6); 

14 (III) 8.42 acres in T. 31 N., R. 

15 25 E., sec. 13, lot 5; 

16 (IV) 134.01 acres in T. 31 N., R. 

17 26 E., sec. 17, comprised of— 

18 (aa) 7.72 acres in lot 7; 

19 (bb) 6.98 acres in lot 8; 

20 (cc) 11.40 acres in lot 9; 

21 (dd) 2.34 acres in lot 10; 

22 (ee) 27.49 acres in lot 11; 

23 (ff) 30.60 acres in lot 12; 

24 (gg) 13.26 acres in lot 13; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
61 

•HR 5673 IH

1 (hh) 34.22 acres in lot 14; 

2 (V) 150.07 acres in T. 31 N., R. 

3 26 E., sec. 18, comprised of— 

4 (aa) 26.64 acres in lot 9; 

5 (bb) 21.16 acres in lot 10; 

6 (cc) 12.12 acres in lot 11; 

7 (dd) 21 acres in lot 13; 

8 (ee) 28.76 acres in lot 14; 

9 (ff) 12.92 acres in the 

NW1⁄4 of the SW1 10 ⁄4; 

11 (gg) 23.80 acres in the 

SE1⁄4 of the SW1 12 ⁄4; and 

(hh) 3.67 acres in the SW1 13 ⁄4

of the SW1 14 ⁄4; 

15 (VI) 60.30 acres in T. 31 N., R. 

16 26 E., sec. 19, comprised of— 

17 (aa) 27.66 acres in the 

NE1⁄4 of the NE1 18 ⁄4 (all except 

19 lots 1 and 2); 

(bb) 4.67 acres in the NW1 20 ⁄4

of the NE1 21 ⁄4 (all except lot 3); 

22 and 

(cc) 27.97 acres in the SE1 23 ⁄4

of the NE1 24 ⁄4 (all except lot 4); 


kjohnson on DSK79L0C42PROD with BILLS
62 

•HR 5673 IH

1 (VII) 420.37 acres in T. 31 N., 

2 R. 26 E., sec. 20, comprised of— 

3 (aa) 39.29 acres in lot 2; 

4 (bb) 39.03 acres in lot 3; 

5 (cc) 37.21 acres in lot 4; 

6 (dd) 17.17 acres in the 

NE1⁄4 of the NW1 7 ⁄4; 

(ee) 40 acres in the NE1 8 ⁄4 of 

the SE1 9 ⁄4; 

(ff) 24.34 acres in the NE1 10 ⁄4

of the SW1 11 ⁄4 (all except lot 11); 

(gg) 8.54 acres in the NW1 12 ⁄4

of the NW1 13 ⁄4 (all except lot 7); 

14 (hh) 37.20 acres in the 

NW1⁄4 of the SE1 15 ⁄4 (all except lot 

16 10); 

(ii) 18.94 acres in the SE1 17 ⁄4

of the NW1 18 ⁄4 (all except lot 8); 

(jj) 40 acres in the SE1 19 ⁄4 of 

the SE1 20 ⁄4; 

21 (kk) 38.65 acres in the 

SW1⁄4 of the NE1 22 ⁄4 (all except lot 

23 9); 

(ll) 40 acres in the SW1 24 ⁄4 of 

the NW1 25 ⁄4; and 


kjohnson on DSK79L0C42PROD with BILLS
63 

•HR 5673 IH

(mm) 40 acres in the SW1 1 ⁄4

of the SE1 2 ⁄4; 

3 (VIII) 325.25 acres in T. 31 N., 

4 R. 26 E., sec. 21, comprised of— 

5 (aa) 19.29 acres in lot 4; 

6 (bb) 11.12 acres in lot 7; 

7 (cc) 20.08 acres in lot 8; 

8 (dd) 19.11 acres in lot 10; 

9 (ee) 29.72 acres in lot 11; 

10 (ff) 39 acres in lot 12; 

11 (gg) 26.93 acres in lot 13; 

(hh) 40 acres in the NW1 12 ⁄4

of the SW1 13 ⁄4; 

(ii) 40 acres in the SE1 14 ⁄4 of 

the SW1 15 ⁄4; 

(jj) 40 acres in the SW1 16 ⁄4 of 

the SW1 17 ⁄4; and 

(kk) 40 acres in the SW1 18 ⁄4

of the SE1 19 ⁄4; 

20 (IX) 98.05 acres in T. 31 N., R. 

21 26 E., sec. 22, comprised of— 

22 (aa) 25.87 acres in lot 5; 

23 (bb) 32.01 acres in lot 6; 

24 (cc) 27.49 acres in lot 7; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
64 

•HR 5673 IH

1 (dd) 12.68 acres in lot 8; 

2 (X) 156.21 acres in T. 31 N., R. 

3 26 E., sec. 26, comprised of— 

4 (aa) 35.32 acres in lot 3; 

5 (bb) 24.34 acres in lot 6; 

(cc) 40 acres in the NW1 6 ⁄4

of the SW1 7 ⁄4; 

8 (dd) 16.60 acres in the 

SE1⁄4 of the SW1 9 ⁄4; 

10 (ee) 24.20 acres in the 

SW1⁄4 of the SE1 11 ⁄4; 

(ff) 0.12 acres in the SE1 12 ⁄4

of the SE1 13 ⁄4; and 

14 (gg) 15.63 acres in the 

SW1⁄4 of the SW1 15 ⁄4; 

16 (XI) 440.99 acres in T. 31 N., 

17 R. 26 E., sec. 27, comprised of— 

18 (aa) 32.05 acres in lot 4; 

19 (bb) 39.32 acres in lot 5; 

20 (cc) 19.89 acres in lot 6; 

21 (dd) 39.97 acres in lot 7; 

22 (ee) 21.75 acres in lot 8; 

(ff) 40 acres in the NE1 23 ⁄4 of 

the SE1 24 ⁄4; 


kjohnson on DSK79L0C42PROD with BILLS
65 

•HR 5673 IH

(gg) 40 acres in the NE1 1 ⁄4

of the SW1 2 ⁄4; 

(hh) 40 acres in the NW1 3 ⁄4

of the SE1 4 ⁄4; 

(ii) 40 acres in the NW1 5 ⁄4 of 

the SW1 6 ⁄4; 

(jj) 40 acres in the SE1 7 ⁄4 of 

the NW1 8 ⁄4; 

9 (kk) 11.52 acres in the 

SE1⁄4 of the SE1 10 ⁄4; 

(ll) 3.38 acres in the SE1 11 ⁄4

of the SW1 12 ⁄4; 

13 (mm) 35.55 acres in the 

SW1⁄4 of the NW1 14 ⁄4; 

(nn) 7.48 acres in the SW1 15 ⁄4

of the SE1 16 ⁄4; and 

17 (oo) 30.08 acres in the 

SW1⁄4 of the SW1 18 ⁄4; 

19 (XII) 169.58 acres in T. 31 N., 

20 R. 26 E., sec. 28, comprised of— 

21 (aa) 39.97 acres in lot 1; 

22 (bb) 11.63 acres in the 

NE1⁄4 of the NW1 23 ⁄4 (all except 

24 lot 3); 


kjohnson on DSK79L0C42PROD with BILLS
66 

•HR 5673 IH

1 (cc) 30.76 acres in the 

NE1⁄4 of the SE1 2 ⁄4 (all except lot 

3 6); 

4 (dd) 34.26 acres in the 

NW1⁄4 of the NE1 5 ⁄4 (all except 

6 lot 2); 

7 (ee) 13.04 acres in the 

NW1⁄4 of the SE1 8 ⁄4 (all except lot 

9 7); 

(ff) 19.65 acres in the SE1 10 ⁄4

of the NE1 11 ⁄4 (all except lot 5); 

(gg) 2.98 acres in the SE1 12 ⁄4

of the SE1 13 ⁄4 (all except lot 8); 

14 and 

15 (hh) 17.29 acres in the 

SW1⁄4 of the NE1 16 ⁄4; 

17 (XIII) 59.34 acres in T. 31 N., 

18 R. 26 E., sec. 29, comprised of— 

19 (aa) 32.97 acres in the 

NE1⁄4 of the NE1 20 ⁄4 (all except lot 

21 1); and 

22 (bb) 26.37 acres in the 

NW1⁄4 of the NE1 23 ⁄4 (all except 

24 lot 2); 


kjohnson on DSK79L0C42PROD with BILLS
67 

•HR 5673 IH

1 (XIV) 134.54 acres in T. 31 N., 

2 R. 26 E., sec. 35, comprised of— 

3 (aa) 24.59 acres in the 

NE1⁄4 of the NE1 4 ⁄4 (all except lot 

5 1); 

6 (bb) 35.52 acres in the 

NE1⁄4 of the SE1 7 ⁄4 (all except lot 

8 4); 

(cc) 5.57 acres in the NW1 9 ⁄4

of the NE1 10 ⁄4 (all except lot 2); 

(dd) 40 acres in the SE1 11 ⁄4 of 

the NE1 12 ⁄4; 

(ee) 24.20 acres in the SE1 13 ⁄4

of the SE1 14 ⁄4 (all except lot 5); 

15 and 

(ff) 4.66 acres in the SW1 16 ⁄4

of the NE1 17 ⁄4 (all except lot 3); 

18 and 

19 (XV) 56.87 acres in T. 31 N., R. 

20 26 E., sec. 36, comprised of— 

21 (aa) 15.43 acres in lot 10; 

22 (bb) 30.15 acres in lot 11; 

23 and 


kjohnson on DSK79L0C42PROD with BILLS
68 

•HR 5673 IH

1 (cc) 11.29 acres in the 

SW1⁄4 of the NW1 2 ⁄4 (all except 

3 lot 12). 

4 (4) EXISTING RIGHTS AND USES.— 

5 (A) USES.— 

6 (i) IN GENERAL.—Subject to clause 

7 (ii), any use (including grazing) authorized 

8 under a valid lease, permit, or right-of-way 

9 on land transferred under this subsection, 

10 as in effect on the date of the transfer, 

11 shall remain in effect until the date on 

12 which the lease, permit, or right-of-way ex13 pires. 

14 (ii) EXCEPTION.—Clause (i) shall not 

15 apply if the holder of the lease, permit, or 

16 right-of-way requests an earlier termi17 nation of the lease, permit, or right-of-way, 

18 in accordance with existing law. 

19 (B) IMPROVEMENTS.—Any improvements 

20 constituting personal property (as defined by 

21 State law) on land transferred under this sub22 section by the holder of the lease, permit, or 

23 right-of-way— 

24 (i) shall remain the property of the 

25 holder; and 


kjohnson on DSK79L0C42PROD with BILLS
69 

•HR 5673 IH

1 (ii) shall be removed not later than 90 

2 days after the date on which the lease, per3 mit, or right-of-way expires, unless the 

4 Fort Belknap Indian Community and the 

5 holder agree otherwise. 

6 (C) PAYMENTS.—The Secretary shall dis7 burse to the Fort Belknap Indian Community 

8 any amounts that accrue to the United States 

9 under a lease, permit, or right-of-way on land 

10 described in paragraph (3) from any sale, 

11 bonus, royalty, or rental relating to that land in 

12 the same manner as amounts received from 

13 other land held by the Secretary in trust for the 

14 Fort Belknap Indian Community. 

15 (5) SURVEY.—With respect to the transfer of 

16 land under this subsection— 

17 (A) unless the United States or the Fort 

18 Belknap Indian Community request an addi19 tional survey for the transferred land, the de20 scription of land under this section shall be con21 trolling; 

22 (B) if a survey is requested, the Secretary 

23 and the Fort Belknap Indian Community shall 

24 jointly provide for the survey of the land, in25 cluding any mining claims; and 


kjohnson on DSK79L0C42PROD with BILLS
70 

•HR 5673 IH

1 (C) the descriptions under this section or 

2 any survey under subparagraph (B) shall con3 trol the total acreage to be transferred. 

4 (6) DATE OF TRANSFER.— 

5 (A) LAND.— 

6 (i) IN GENERAL.—Subject to clause 

7 (ii), the transfer of land to the United 

8 States to be held in trust for the Fort 

9 Belknap Indian Community under this 

10 subsection shall take effect on the issuance 

11 of a trust deed, which shall be issued as 

12 expeditiously as practicable after notice of 

13 the enforceability date is published in the 

14 Federal Register. 

15 (ii) LIMIT.—Notwithstanding clause 

16 (i), all transfers shall be completed by not 

17 later than 15 years after the date of enact18 ment of this Act. 

19 (B) WAIVERS.—A waiver and release of 

20 claims under subsections (a) and (b) of section 

21 10 relating to land described in subparagraph 

22 (A) shall take effect on the date on which all 

23 of the land transfers for land described in sub24 paragraph (A) are complete. 


kjohnson on DSK79L0C42PROD with BILLS
71 

•HR 5673 IH

1 (7) TOTAL AMOUNT OF FEDERAL LAND TO BE

2 TRANSFERRED.—The total amount of Federal land 

3 to be transferred under this subsection is approxi4 mately 30,844 acres. 

5 (c) FORECLOSED LAND.—Any trust land within the 

6 Reservation that has been or is foreclosed on by the 

7 United States shall be transferred to the United States 

8 to be held in trust for the Fort Belknap Indian Commu9 nity by— 

10 (1) not later than 15 years after the date of en11 actment of this Act, if the foreclosure occurs before 

12 the date of enactment of this Act; or 

13 (2) not later than 15 years after the date of the 

14 foreclosure, if the foreclosure occurs after the date 

15 of enactment of this Act. 

16 (d) IMPACTS ON LOCAL GOVERNMENTS.—The Sec17 retary may, at the discretion of the Secretary, try to en18 sure that land to be exchanged under this section is se19 lected in a manner that minimizes the financial impact 

20 of the exchange on local governments. 

21 (e) WATER RIGHTS.— 

22 (1) ACQUISITION.—Beginning on the date of 

23 the applicable transfer of land to the United States 

24 to be held in trust for the Fort Belknap Indian 

25 Community under this section, if any Federal, State, 


kjohnson on DSK79L0C42PROD with BILLS
72 

•HR 5673 IH

1 or fee land transferred under this section is subject 

2 to a water right in existence on the date of the 

3 transfer, the United States, as trustee for the ben4 efit of the Fort Belknap Indian Community, shall be 

5 the successor in interest with respect to the water 

6 right, in accordance with the terms and conditions 

7 that applied to the predecessor in interest. 

8 (2) NO RESERVED WATER RIGHTS.—No land 

9 transferred under this section shall be the basis for 

10 any claim by the Fort Belknap Indian Community 

11 to any new, additional, or supplemental Federal re12 served water right. 

13 (f) TRANSFER OF TITLE.—Title to all land acquired 

14 by the United States under this section shall be trans15 ferred, subject to applicable laws, without charge, to the 

16 United States, to be held in trust for the benefit of the 

17 Fort Belknap Indian Community as part of the exterior 

18 boundary of the Reservation, pursuant to such method of 

19 conveyance as the Secretary determines to be necessary. 

20 (g) JURISDICTION OF GRINNELL LANDS.— 

21 (1) IN GENERAL.—Notwithstanding any other 

22 provision of Federal law, beginning on the date on 

23 which the conditions described in paragraph (2) are 

24 met, the Fort Belknap Indian Community Council 

25 shall have administrative, regulatory, and judicial juVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
73 

•HR 5673 IH

1 risdiction over the Grinnell Lands described in sub2 section (b)(3)(C), including jurisdiction over public 

3 recreational access, hunting, and fishing, and nat4 ural resource management. 

5 (2) CONDITIONS.—The conditions referred to in 

6 paragraph (1) are the conditions that the Fort 

7 Belknap Indian Community Council shall adopt— 

8 (A) hunting and fishing regulations that 

9 grant nontribal members equivalent rights and 

10 privileges to those that nontribal members enjoy 

11 under the hunting and fishing laws (including 

12 regulations) of the State, as in effect on the 

13 date of enactment of this Act, including rights 

14 relating to permit fees and bag limits; and 

15 (B) public recreational access regulations 

16 that grant nontribal members equivalent rights 

17 of access for recreational purposes that non18 tribal members enjoy under Federal law (in19 cluding regulations), as in effect on the date of 

20 enactment of this Act. 

21 (3) REGULATIONS.— 

22 (A) IN GENERAL.—Any regulations pro23 mulgated by the Fort Belknap Indian Commu24 nity pursuant to the jurisdiction of the Fort 


kjohnson on DSK79L0C42PROD with BILLS
74 

•HR 5673 IH

1 Belknap Indian Community under paragraph 

2 (1) shall be subject to— 

3 (i) a 30-day notice and comment pe4 riod provided by the Secretary to the 

5 State; and 

6 (ii) after that period, the approval of 

7 the Secretary, subject to subparagraph 

8 (B). 

9 (B) SECRETARIAL APPROVAL.—Not later 

10 than 180 days after the date on which the no11 tice and comment period under subparagraph 

12 (A)(i) ends, the Secretary shall approve or dis13 approve the regulations. 

14 (4) NOTIFICATION AFTER FEDERAL OR STATE

15 AMENDMENT.— 

16 (A) IN GENERAL.—If an applicable Fed17 eral or State hunting and fishing or rec18 reational access law or regulation is amended 

19 after the date on which jurisdiction over that 

20 law or regulation on the Grinnell Lands de21 scribed in subsection (b)(3)(C) is transferred to 

22 the Fort Belknap Indian Community Council 

23 under this subsection, the head of the appro24 priate Federal or State agency, as applicable, 


kjohnson on DSK79L0C42PROD with BILLS
75 

•HR 5673 IH

1 shall promptly notify the Fort Belknap Indian 

2 Community Council of the amendment. 

3 (B) RESPONSE.— 

4 (i) IN GENERAL.—Subject to clause 

5 (ii), not later than 120 days after the date 

6 on which notification is provided to the 

7 Fort Belknap Indian Community Council 

8 under subparagraph (A), the Fort Belknap 

9 Indian Community Council shall— 

10 (I) amend the regulations of the 

11 Fort Belknap Indian Community 

12 Council to comply with the amended 

13 law or regulation; and 

14 (II) notify the Secretary of the 

15 amendment. 

16 (ii) SECRETARIAL APPROVAL.—An 

17 amendment by the Fort Belknap Indian 

18 Community Council under clause (i) shall 

19 be subject to the approval of the Secretary, 

20 who shall approve the amendment by not 

21 later than 90 days after the date on which 

22 the Secretary receives notice of the amend23 ment under clause (i)(II). 

24 (iii) FAILURE TO RESPOND.—If the 

25 Fort Belknap Indian Community Council 


kjohnson on DSK79L0C42PROD with BILLS
76 

•HR 5673 IH

1 fails to comply with clause (i), regulatory 

2 jurisdiction shall revert to the United 

3 States under paragraph (1) until the ear4 lier of— 

5 (I) such time as the regulations 

6 of the Fort Belknap Indian Commu7 nity comply with the amended Federal 

8 or State law or regulation; and 

9 (II) the date described in para10 graph (5). 

11 (5) REGULATION BY FORT BELKNAP INDIAN

12 COMMUNITY COUNCIL.—Notwithstanding any other 

13 provision of law, beginning on the date that is 25 

14 years after the date of enactment of this Act— 

15 (A) the Fort Belknap Indian Community 

16 Council may regulate the Grinnell Lands de17 scribed in subsection (b)(3)(C) under, and ac18 cording to, Tribal law, subject to such approval 

19 by the Secretary as may be required for any 

20 other Tribal law; and 

21 (B) the other provisions of this subsection 

22 shall not apply. 

23 (h) ENVIRONMENTAL ANALYSIS.—Notwithstanding 

24 section 4(c), in preparing an environmental assessment or 

25 environmental impact statement pursuant to section 


kjohnson on DSK79L0C42PROD with BILLS
77 

•HR 5673 IH

1 102(2) of the National Environmental Policy Act of 1969 

2 (42 U.S.C. 4332(2)) for the acquisition of State land par3 cels and the conveyance of Federal land under this section, 

4 the Secretary shall only be required to study, develop, and 

5 describe— 

6 (1) the proposed agency action; and 

7 (2) the alternative of no action. 

8 SEC. 7. STORAGE ALLOCATION FROM LAKE ELWELL. 

9 (a) STORAGE ALLOCATION OF WATER TO FORT

10 BELKNAP INDIAN COMMUNITY.— 

11 (1) IN GENERAL.—The Secretary shall perma12 nently allocate to the Fort Belknap Indian Commu13 nity 20,000 acre-feet per year of water stored in 

14 Lake Elwell for use by the Fort Belknap Indian 

15 Community for any beneficial purpose on or off the 

16 Reservation, under a water right held by the United 

17 States and managed by the Bureau of Reclamation 

18 for the benefit of the Fort Belknap Indian Commu19 nity, as measured— 

20 (A) by direct diversion from the Reservoir 

21 or at the outlet works of the Tiber Dam; or 

22 (B) through direct release to the Marias 

23 River from the Tiber Dam. 

24 (2) SOURCE OF ALLOCATION.— 


kjohnson on DSK79L0C42PROD with BILLS
78 

•HR 5673 IH

1 (A) IN GENERAL.—For each applicable 

2 year, the Fort Belknap Indian Community shall 

3 take the allocation under paragraph (1) from 

4 the active conservation pool or the joint-use 

5 pool of the reservoir in such quantities as are 

6 sufficient to satisfy the total annual allocation. 

7 (B) PRIORITY.—The allocation under 

8 paragraph (1) to the Fort Belknap Indian Com9 munity shall take priority over any and all 

10 instream flow and recreational uses of the ap11 plicable water. 

12 (b) TREATMENT.— 

13 (1) IN GENERAL.—The allocation under sub14 section (a) to the Fort Belknap Indian Community 

15 shall be considered to be a part of the Tribal water 

16 rights. 

17 (2) PRIORITY DATE.—The priority date of the 

18 allocation under subsection (a) to the Fort Belknap 

19 Indian Community shall be the priority date of the 

20 Lake Elwell water right held by the Bureau of Rec21 lamation. 

22 (3) ADMINISTRATION.— 

23 (A) IN GENERAL.—The Fort Belknap In24 dian Community shall administer the water alVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
79 

•HR 5673 IH

1 located under subsection (a) in accordance 

2 with— 

3 (i) the Compact; 

4 (ii) this Act; and 

5 (iii) Tribal law. 

6 (B) TEMPORARY TRANSFER.—In accord7 ance with subsection (d), the Fort Belknap In8 dian Community may temporarily transfer off 

9 the Reservation, by service contract, lease, ex10 change, or other agreement, the water allocated 

11 under subsection (a), subject to— 

12 (i) the approval of the Secretary; and 

13 (ii) the requirements of the Compact. 

14 (C) EXCEPTION.—Notwithstanding sub15 paragraph (A), paragraphs (1) through (3) of 

16 article IV.A.5.b. of the Compact shall not apply 

17 to any annual allocation under this subsection, 

18 except to the extent that article limits the use 

19 of the allocation to a location within the Mis20 souri River Basin. 

21 (c) ALLOCATION AGREEMENT.— 

22 (1) IN GENERAL.—As a condition of receiving 

23 an allocation under this section, the Fort Belknap 

24 Indian Community shall enter into an agreement 

25 with the Secretary to establish the terms and condiVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
80 

•HR 5673 IH

1 tions of the allocation, in accordance with the Com2 pact and this Act. 

3 (2) INCLUSIONS.—The agreement under para4 graph (1) shall include provisions establishing that— 

5 (A) the agreement shall be without limit as 

6 to term; 

7 (B) the Fort Belknap Indian Community, 

8 and not the United States, shall be entitled to 

9 all consideration due to the Fort Belknap In10 dian Community under any lease, contract, or 

11 agreement entered into by the Fort Belknap In12 dian Community pursuant to subsection (d); 

13 (C) the United States shall have no obliga14 tion to monitor, administer, or account for— 

15 (i) any funds received by the Fort 

16 Belknap Indian Community as consider17 ation under any lease, contract, or agree18 ment entered into by the Fort Belknap In19 dian Community pursuant to subsection 

20 (d); or 

21 (ii) the expenditure of those funds; 

22 (D) if the capacity or function of Lake 

23 Elwell facilities are significantly reduced, or are 

24 anticipated to be significantly reduced, for an 

25 extended period of time, the Fort Belknap InVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
81 

•HR 5673 IH

1 dian Community shall have the same storage 

2 rights as other storage contractors with respect 

3 to the allocation under this section; 

4 (E) the costs associated with the construc5 tion of the storage facilities at Tiber Dam allo6 cable to the Fort Belknap Indian Community 

7 shall be nonreimbursable; 

8 (F) no water service capital charge shall be 

9 due or payable for any water allocated to the 

10 Fort Belknap Indian Community under this 

11 section or the allocation agreement, regardless 

12 of whether that water is delivered for use by the 

13 Fort Belknap Indian Community or under a 

14 lease, contract, or agreement entered into by 

15 the Fort Belknap Indian Community pursuant 

16 to subsection (b)(3)(B); 

17 (G) the Fort Belknap Indian Community 

18 shall not be required to make payments to the 

19 United States for any water allocated to the 

20 Fort Belknap Indian Community under this 

21 section or the allocation agreement, except for 

22 each acre-foot of stored water leased or trans23 ferred for industrial purposes as described in 

24 subparagraph (H); 


kjohnson on DSK79L0C42PROD with BILLS
82 

•HR 5673 IH

1 (H) for each acre-foot of stored water 

2 leased or transferred by the Fort Belknap In3 dian Community for industrial purposes— 

4 (i) the Fort Belknap Indian Commu5 nity shall pay annually to the United 

6 States an amount necessary to cover the 

7 proportional share of the annual operation, 

8 maintenance, and replacement costs allo9 cable to the quantity of water leased or 

10 transferred by the Fort Belknap Indian 

11 Community for industrial purposes; and 

12 (ii) the annual payments of the Fort 

13 Belknap Indian Community shall be re14 viewed and adjusted, as appropriate, to re15 flect the actual operation, maintenance, 

16 and replacement costs for Tiber Dam; and 

17 (I) the Fort Belknap Indian Community 

18 has the right to divert the water that is diverted 

19 or released under subsection (a)(1) directly 

20 from the Reservoir or from any point in the 

21 Missouri River to the Reservation to any point, 

22 as determined by the Fort Belknap Indian 

23 Community. 

24 (d) AGREEMENT BY FORT BELKNAP INDIAN COMMU25 NITY.—The Fort Belknap Indian Community may use, 


kjohnson on DSK79L0C42PROD with BILLS
83 

•HR 5673 IH

1 lease, contract, exchange, or enter into any other agree2 ment for the use of the water allocated to the Fort 

3 Belknap Indian Community under subsection (a) if— 

4 (1) the use of water that is the subject of such 

5 an agreement occurs within the Missouri River 

6 Basin; and 

7 (2) the agreement does not permanently alien8 ate any water allocated to the Fort Belknap Indian 

9 Community under subsection (a). 

10 (e) EFFECTIVE DATE.—The allocation under sub11 section (a) takes effect on the enforceability date. 

12 (f) NO CARRYOVER STORAGE.—The allocation under 

13 subsection (a) shall not be increased by any unused Fort 

14 Belknap Indian Community Tribal water rights from year15 to-year carryover storage. 

16 (g) WATER DEVELOPMENT AND DELIVERY COSTS.— 

17 (1) OBLIGATION TO PROVIDE FACILITY FOR

18 TRANSPORT TO RESERVATION.—Except as otherwise 

19 provided in this Act, the United States shall have no 

20 obligation under this Act to provide any facility for 

21 the transport to the Reservation or any other loca22 tion of the water allocated under this section to the 

23 Fort Belknap Indian Community relating to the re24 lease of Tribal water rights from Lake Elwell Dam 


kjohnson on DSK79L0C42PROD with BILLS
84 

•HR 5673 IH

1 and Reservoir in accordance with a request from the 

2 Fort Belknap Indian Community. 

3 (2) DEVELOPMENT AND DELIVERY COSTS.—Ex4 cept for the use of Federal amounts made available 

5 under section 8, the United States is not required to 

6 pay the cost of developing or delivering to the Res7 ervation any water allocated under subsection (a). 

8 SEC. 8. MILK RIVER PROJECT. 

9 (a) MILK RIVER PROJECT MODIFICATIONS.— 

10 (1) PROCEDURES.— 

11 (A) IN GENERAL.—The Commissioner, in 

12 consultation with the Assistant Secretary for 

13 Indian Affairs, the Fort Belknap Indian Com14 munity, the Joint Board, and other affected 

15 stakeholders, shall modify the operating proce16 dures of the Milk River Project as the Commis17 sioner determines to be necessary to ensure that 

18 the Fresno Reservoir is operated in accordance 

19 with article III.A.2. and article IV.E. of the 

20 Compact. 

21 (B) 1946 FRESNO RESERVOIR AGREE22 MENT.— 

23 (i) IN GENERAL.—The Commissioner 

24 shall carry out such actions as the Com25 missioner determines to be necessary to 


kjohnson on DSK79L0C42PROD with BILLS
85 

•HR 5673 IH

1 provide a more equitable accounting of the 

1 2 ⁄7 share of the Fort Belknap Indian Com3 munity to the Fresno Reservoir total quan4 tity of stored water available for use dur5 ing each irrigation season from the waters 

6 of the Milk River that are impounded and 

7 stored in the Fresno Reservoir under the 

8 agreement between the Commissioner and 

9 the Assistant Secretary of Indian Affairs 

10 relating to the Milk River Project, num11 bered I–1–Ind. 18725, and dated July 8, 

12 1946. 

13 (ii) ADDITIONAL CONSIDERATIONS.— 

In addition to the 1 14 ⁄7 share described in 

15 clause (i), the Commissioner shall take into 

16 consideration and fully account for the 

17 right of the Fort Belknap Indian Commu18 nity to the Milk River consistent with arti19 cle III.A.1. of the Compact. 

20 (iii) DOWNSTREAM RELEASE.—Any 

21 water stored on behalf of the Fort Belknap 

22 Indian Community in the Fresno Reservoir 

23 that is available at the end of each irriga24 tion season shall be released downstream, 

25 in a manner to be determined by the Fort 


kjohnson on DSK79L0C42PROD with BILLS
86 

•HR 5673 IH

1 Belknap Indian Community, for storage in 

2 the proposed Fort Belknap Reservoir. 

3 (iv) AMENDMENTS.—The Commis4 sioner and the Assistant Secretary for In5 dian Affairs may jointly amend the agree6 ment referred to in clause (i) as the Com7 missioner and the Assistant Secretary de8 termine to be necessary to provide for an 

9 equitable accounting of the share of the 

10 Fort Belknap Indian Community described 

11 in clause (i). 

12 (2) FACILITIES.—The Secretary may make 

13 such modifications to the federally owned facilities of 

14 the Milk River Project as the Secretary determines 

15 to be necessary to satisfy the applicable mitigation 

16 requirements of the Compact. 

17 (b) MILK RIVER COORDINATING COMMITTEE.— 

18 (1) IN GENERAL.—The Secretary, acting 

19 through the Commissioner, the Director of the Bu20 reau of Indian Affairs, the Director of the United 

21 States Geological Survey, the Director of the United 

22 States Fish and Wildlife Service, and the Director of 

23 the Bureau of Land Management, may participate 

24 in the Milk River Coordinating Committee pursuant 

25 to article IV.C. of the Compact. 


kjohnson on DSK79L0C42PROD with BILLS
87 

•HR 5673 IH

1 (2) INAPPLICABILITY OF FEDERAL ADVISORY

2 COMMITTEE ACT.—The Federal Advisory Committee 

3 Act (5 U.S.C. App.) shall not apply to the Milk 

4 River Coordinating Committee. 

5 (3) TECHNICAL SUPPORT.—The Secretary 

6 may— 

7 (A) maintain a publicly accessible database 

8 of diversions from the Milk River made— 

9 (i) pursuant to the Milk River Project; 

10 (ii) under applicable contracts; and 

11 (iii) by the Fort Belknap Indian Com12 munity; and 

13 (B) provide such other technical support as 

14 the Milk River Coordinating Committee may re15 quest, including the maintenance of gages nec16 essary to account for daily diversions from the 

17 Milk River. 

18 (4) COORDINATION OF STORAGE AND RE19 LEASE.—Notwithstanding article IV.C.11. of the 

20 Compact, the Secretary (acting through the Com21 missioner), and in consultation with the Milk River 

22 Coordinating Committee, shall develop an accounting 

23 for the coordination of storage and release of water 

24 from Federal storage facilities within the federally 

25 owned portion of the Milk River Project. 


kjohnson on DSK79L0C42PROD with BILLS
88 

•HR 5673 IH

1 (c) MILK RIVER PROJECT MITIGATION.— 

2 (1) IN GENERAL.—The State, in consultation 

3 with the Secretary, the Fort Belknap Indian Com4 munity, the Joint Board, and other affected stake5 holders, shall use funds made available under sub6 section (d) and section 12(f) to provide grants for 

7 projects for mitigation of the Milk River Project in 

8 accordance with— 

9 (A) article VI.B. of the Compact; and 

10 (B) this Act. 

11 (2) APPLICATION.—To be eligible to receive a 

12 grant under this subsection, the owner or operator 

13 of a project described in paragraph (1) shall submit 

14 to the State an application at such time, in such 

15 manner, and containing such information as the 

16 State may require. 

17 (3) DELEGATION BY STATE.—The State may 

18 delegate any portion of the responsibility of the 

19 State under this subsection to any entity organized 

20 in accordance with applicable Federal and State 

21 laws. 

22 (4) COMPLIANCE WITH NEPA.—The Secretary 

23 shall ensure that each project that receives Federal 

24 funds under this subsection is carried out in accordVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
89 

•HR 5673 IH

1 ance with the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.). 

3 (d) STATE CONTRIBUTIONS.— 

4 (1) IN GENERAL.—The Secretary shall treat as 

5 a State contribution to mitigation of the Milk River 

6 Project— 

7 (A) the difference between— 

8 (i) the $9,500,000 authorized by the 

9 Act of April 28, 2005 (chapter 499, section 

10 2(2), 2005 Mont. Laws 1978); and 

11 (ii) the $5,000,000 requested from the 

12 State under section 11(i); and 

13 (B) any other funds allocated or previously 

14 expended by the State to carry out activities 

15 under subsection (a). 

16 (2) ADDITIONAL CONTRIBUTIONS.—The Sec17 retary shall request that the State provide, in addi18 tion to the amounts described in paragraph (1)— 

19 (A) $3,500,000 for purposes of mitigation 

20 and watershed improvement activities described 

21 in the Compact; and 

22 (B) an amount equal to $4,000,000 of in23 kind contributions for technical, modeling, and 

24 other services for purposes of identifying, supVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
90 

•HR 5673 IH

1 porting, and enhancing water use and manage2 ment in the Milk River. 

3 (3) TREATMENT OF CONTRIBUTIONS.—A con4 tribution by the State under this subsection shall be 

5 counted towards fulfillment of the obligation of the 

6 State under article VI.B. of the Compact. 

7 (4) EXPENDITURE OF FUNDS.—Subject to ap8 plicable State law, amounts provided by the State 

9 under this subsection may be expended at any time 

10 after the date on which funds are provided. 

11 (5) REPORT.—Not less frequently than once 

12 each year, the Secretary shall request that the State 

13 submit to the Fort Belknap Indian Community an 

14 accounting of any funds expended by the State 

15 under this subsection during the preceding calendar 

16 year. 

17 (e) TRIBAL AGREEMENT BETWEEN THE FORT

18 BELKNAP INDIAN COMMUNITY AND THE BLACKFEET

19 TRIBE RELATED TO THE MILK RIVER.—Section 

20 3705(e)(1) of the Blackfeet Water Rights Settlement Act 

21 (Public Law 114–322; 130 Stat. 1818) is amended by 

22 striking ‘‘shall establish,’’ and inserting ‘‘shall establish, 

23 by not later than 1 year after the date on which that 3- 

24 year period ends,’’. 


kjohnson on DSK79L0C42PROD with BILLS
91 

•HR 5673 IH

1 SEC. 9. SATISFACTION OF CLAIMS. 

2 (a) IN GENERAL.—The benefits provided under this 

3 Act shall be in complete replacement of, complete substi4 tution for, and full satisfaction of any claim of the Fort 

5 Belknap Indian Community against the United States 

6 that is waived and released by the Fort Belknap Indian 

7 Community under section 10(a). 

8 (b) ALLOTTEES.—The benefits realized by the 

9 allottees under this Act shall be in complete replacement 

10 of, complete substitution for, and full satisfaction of— 

11 (1) all claims waived and released by the United 

12 States (acting as trustee for the allottees) under sec13 tion 10(a)(2); and 

14 (2) any claims of the allottees against the 

15 United States similar to the claims described in sec16 tion 10(a)(2) that the allottee asserted or could have 

17 asserted. 

18 SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 

19 (a) IN GENERAL.— 

20 (1) WAIVER AND RELEASE OF CLAIMS BY THE

21 FORT BELKNAP INDIAN COMMUNITY AND UNITED

22 STATES AS TRUSTEE FOR THE FORT BELKNAP IN23 DIAN COMMUNITY.—Subject to the reservation of 

24 rights and retention of claims under subsection (d), 

25 as consideration for recognition of the Tribal water 

26 rights and other benefits described in the Compact 


kjohnson on DSK79L0C42PROD with BILLS
92 

•HR 5673 IH

1 and this Act, the Fort Belknap Indian Community, 

2 acting on behalf of the Fort Belknap Indian Com3 munity and members of the Fort Belknap Indian 

4 Community (but not any member of the Fort 

5 Belknap Indian Community as an allottee), and the 

6 United States, acting as trustee for the Fort 

7 Belknap Indian Community and the members of the 

8 Fort Belknap Indian Community (but not any mem9 ber of the Fort Belknap Indian Community as an al10 lottee), shall execute a waiver and release of all 

11 claims for water rights within the State that the 

12 Fort Belknap Indian Community, or the United 

13 States acting as trustee for the Fort Belknap Indian 

14 Community, asserted or could have asserted in any 

15 proceeding, including a State stream adjudication, 

16 on or before the enforceability date, except to the ex17 tent that such rights are recognized in the Compact 

18 and this Act. 

19 (2) WAIVER AND RELEASE OF CLAIMS BY THE

20 UNITED STATES AS TRUSTEE FOR ALLOTTEES.— 

21 Subject to the reservation of rights and the retention 

22 of claims under subsection (d), as consideration for 

23 recognition of the Tribal water rights and other ben24 efits described in the Compact and this Act, the 

25 United States, acting as trustee for the allottees, 


kjohnson on DSK79L0C42PROD with BILLS
93 

•HR 5673 IH

1 shall execute a waiver and release of all claims for 

2 water rights within the Reservation that the United 

3 States, acting as trustee for the allottees, asserted or 

4 could have asserted in any proceeding, including a 

5 State stream adjudication, on or before the enforce6 ability date, except to the extent that such rights are 

7 recognized in the Compact and this Act. 

8 (3) WAIVER AND RELEASE OF CLAIMS BY THE

9 FORT BELKNAP INDIAN COMMUNITY AGAINST THE

10 UNITED STATES.—Subject to the reservation of 

11 rights and retention of claims under subsection (d), 

12 the Fort Belknap Indian Community, acting on be13 half of the Fort Belknap Indian Community and 

14 members of the Fort Belknap Indian Community 

15 (but not any member of the Fort Belknap Indian 

16 Community as an allottee), shall execute a waiver 

17 and release of all claims against the United States 

18 (including any agency or employee of the United 

19 States) relating to— 

20 (A) water rights within the State that the 

21 United States, acting as trustee for the Fort 

22 Belknap Indian Community, asserted or could 

23 have asserted in any proceeding, including a 

24 general stream adjudication in the State, except 


kjohnson on DSK79L0C42PROD with BILLS
94 

•HR 5673 IH

1 to the extent that such rights are recognized as 

2 Tribal water rights under this Act; 

3 (B)(i) damage, loss, or injury to water, 

4 water rights, land, or natural resources due to 

5 loss of water or water rights, including dam6 ages, losses, or injuries to hunting, fishing, 

7 gathering, or cultural rights, if the claim first 

8 accrued on or before the enforceability date; 

9 (ii) interference with, diversion of, or tak10 ing of water, if the claim first accrued on or be11 fore the enforceability date; or 

12 (iii) failure to protect, acquire, replace, or 

13 develop water, water rights, or water infrastruc14 ture within the State, if the claim first accrued 

15 on or before the enforceability date; 

16 (C) a failure to establish or provide a mu17 nicipal rural or industrial water delivery system 

18 on the Reservation; 

19 (D) a failure to provide for operation and 

20 maintenance, or deferred maintenance, for the 

21 Fort Belknap Indian Irrigation Project or any 

22 other irrigation system or irrigation project on 

23 the Reservation; 


kjohnson on DSK79L0C42PROD with BILLS
95 

•HR 5673 IH

1 (E) the litigation of claims relating to the 

2 water rights of the Fort Belknap Indian Com3 munity in the State; 

4 (F) the negotiation, execution, or adoption 

5 of the Compact (including exhibits); and 

6 (G) the allocation of water of the Milk 

7 River and the St. Mary River (including tribu8 taries) between the United States and Canada 

9 pursuant to the International Boundary Waters 

10 Treaty of 1909 (36 Stat. 2448). 

11 (b) EFFECTIVENESS.—The waivers and releases 

12 under subsection (a) shall take effect on the enforceability 

13 date. 

14 (c) OBJECTIONS IN MONTANA WATER COURT.— 

15 Nothing in this Act or the Compact prohibits the Fort 

16 Belknap Indian Community, a member of the Fort 

17 Belknap Indian Community, an allottee, or the United 

18 States in any capacity from objecting to any claim to a 

19 water right filed in any general stream adjudication in the 

20 Montana Water Court. 

21 (d) RESERVATION OF RIGHTS AND RETENTION OF

22 CLAIMS.—Notwithstanding the waivers and releases under 

23 subsection (a), the Fort Belknap Indian Community, act24 ing on behalf of the Fort Belknap Indian Community and 

25 members of the Fort Belknap Indian Community, and the 


kjohnson on DSK79L0C42PROD with BILLS
96 

•HR 5673 IH

1 United States, acting as trustee for the Fort Belknap In2 dian Community and the allottees shall retain— 

3 (1) all claims (including claims accruing after 

4 the enforceability date) relating to— 

5 (A) enforcement of water rights recognized 

6 under the Compact, the settlement agreement, 

7 any final court decree, or this Act; and 

8 (B) the land transfers required under sec9 tion 6; 

10 (2) all claims relating to— 

11 (A) activities affecting the quality of water, 

12 including enforcement of any court decrees, any 

13 claims the Fort Belknap Indian Community 

14 might have pending in any court of competent 

15 jurisdiction as of the date of enactment of this 

16 Act, and any claims under— 

17 (i) the CERCLA, including damages 

18 to natural resources; 

19 (ii) the Safe Drinking Water Act (42 

20 U.S.C. 300f et seq.); 

21 (iii) the Federal Water Pollution Con22 trol Act (33 U.S.C. 1251 et seq.); and 

23 (iv) any regulations implementing the 

24 Acts described in clauses (i) through (iii); 


kjohnson on DSK79L0C42PROD with BILLS
97 

•HR 5673 IH

1 (B) damage, loss, or injury to land or nat2 ural resources that are not due to loss of water 

3 or water rights (including hunting, fishing, 

4 gathering, or cultural rights); and 

5 (C) an action to prevent any person or 

6 party (as defined in sections 29 and 30 of arti7 cle II of the Compact) from interfering with the 

8 enjoyment of the Tribal water rights; 

9 (3) all claims arising under section 13(i) relat10 ing to the enforcement of any Federal, State, or 

11 Tribal law (including common law); 

12 (4) all claims relating to off-Reservation hunt13 ing rights, fishing rights, gathering rights, or other 

14 rights; 

15 (5) all claims relating to the right to use and 

16 protect water rights acquired after the date of enact17 ment of this Act; 

18 (6) all claims relating to the allocation of 

19 waters of the Milk River and the Milk River Project 

20 between the Fort Belknap Indian Community and 

21 the Blackfeet Tribe, pursuant to section 3705(e)(3) 

22 of the Blackfeet Water Rights Settlement Act (Pub23 lic Law 114–322; 130 Stat. 1818); and 


kjohnson on DSK79L0C42PROD with BILLS
98 

•HR 5673 IH

1 (7) all rights, remedies, privileges, immunities, 

2 and powers not specifically waived and released pur3 suant to this Act or the Compact. 

4 (e) EFFECT OF COMPACT AND ACT.—Nothing in the 

5 Compact or this Act— 

6 (1) affects the authority of the Fort Belknap 

7 Indian Community to enforce the laws of the Fort 

8 Belknap Indian Community, including with respect 

9 to environmental protections; 

10 (2) affects the ability of the United States, act11 ing as a sovereign, to take any action authorized by 

12 law (including regulations), including any law relat13 ing to health, safety, or the environment, includ14 ing— 

15 (A) the Federal Water Pollution Control 

16 Act (33 U.S.C. 1251 et seq.); 

17 (B) the Safe Drinking Water Act (42 

18 U.S.C. 300f et seq.); and 

19 (C) CERCLA; 

20 (3) affects the ability of the United States to 

21 act as trustee for any other Indian Tribe or an allot22 tee of any other Indian Tribe; 

23 (4) confers jurisdiction on any State court— 

24 (A) to interpret Federal law relating to 

25 health, safety, or the environment; 


kjohnson on DSK79L0C42PROD with BILLS
99 

•HR 5673 IH

1 (B) to determine the duties of the United 

2 States or any other party pursuant to a Federal 

3 law relating to health, safety, or the environ4 ment; 

5 (C) to conduct judicial review of a Federal 

6 agency action; or 

7 (D) to interpret Tribal law; or 

8 (5) waives any claim of a member of the Fort 

9 Belknap Indian Community in an individual capacity 

10 that does not derive from a right of the Fort 

11 Belknap Indian Community. 

12 (f) ENFORCEABILITY DATE.—The enforceability date 

13 shall be the date on which the Secretary publishes in the 

14 Federal Register a statement of findings that— 

15 (1) the members of the Fort Belknap Indian 

16 Community have voted to approve this Act and the 

17 Compact by a majority of votes cast on the day of 

18 the vote, as certified by the Secretary and the Fort 

19 Belknap Indian Community; 

20 (2)(A) the Montana Water Court has issued a 

21 final judgment and decree approving the Compact 

22 and that decision has become final and nonappeal23 able; or 

24 (B) if the Montana Water Court is found to 

25 lack jurisdiction, the appropriate United States disVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
100 

•HR 5673 IH

1 trict court has approved the Compact, and that deci2 sion has become final and nonappealable; 

3 (3) all of the amounts authorized under section 

4 12 have been appropriated and deposited in the des5 ignated accounts; 

6 (4) the Secretary has executed the agreements 

7 with the Fort Belknap Indian Community as re8 quired under the Compact and this Act; 

9 (5) the State has paid the requested amount 

10 under section 11(i); and 

11 (6) the waivers and releases under subsection 

12 (a) have been executed by the Fort Belknap Indian 

13 Community and the Secretary. 

14 (g) TOLLING OF CLAIMS.— 

15 (1) IN GENERAL.—Each applicable period of 

16 limitation and time-based equitable defense relating 

17 to a claim described in this section shall be tolled for 

18 the period beginning on the date of enactment of 

19 this Act and ending on the enforceability date. 

20 (2) EFFECT OF SUBSECTION.—Nothing in this 

21 subsection revives any claim or tolls any period of 

22 limitations or time-based equitable defense that ex23 pired before the date of enactment of this Act. 

24 (h) VOIDING OF WAIVERS.—If the authority provided 

25 by this Act terminates under section 14— 


kjohnson on DSK79L0C42PROD with BILLS
101 

•HR 5673 IH

1 (1) the approval by the United States of the 

2 Compact under section 4 shall no longer be effective; 

3 (2) any waivers and releases executed by the 

4 Fort Belknap Indian Community under this section 

5 shall be void; 

6 (3) any unexpended and unobligated Federal 

7 funds appropriated or made available to carry out 

8 the activities authorized by this Act, together with 

9 any interest earned on those funds, shall be returned 

10 to the Federal Government, unless otherwise agreed 

11 to by the Fort Belknap Indian Community and the 

12 United States; and 

13 (4) all statutes of limitations applicable to any 

14 claim subject to the waiver shall be tolled until June 

15 30, 2035. 

16 SEC. 11. FORT BELKNAP INDIAN COMMUNITY SETTLEMENT 

17 TRUST FUND. 

18 (a) DEFINITION OF PLAN.— 

19 (1) IN GENERAL.—In this section, the term 

20 ‘‘Plan’’ means the document entitled ‘‘Fort Belknap 

21 Indian Community Comprehensive Water Develop22 ment Plan’’, prepared by Natural Resources Con23 sulting Engineers, Inc., and dated February 2019. 

24 (2) INCLUSION.—In this section, the term 

25 ‘‘Plan’’ includes any modification to the document 


kjohnson on DSK79L0C42PROD with BILLS
102 

•HR 5673 IH

1 referred to in paragraph (1) that the Fort Belknap 

2 Indian Community determines to be necessary to ac3 count for conditions in existence at the time at 

4 which an activity is carried out pursuant to this sec5 tion. 

6 (b) ESTABLISHMENT.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 in the Treasury of the United States a trust fund, 

9 to be known as the ‘‘Fort Belknap Indian Commu10 nity Settlement Trust Fund’’, consisting of— 

11 (A) the amounts deposited in the Trust 

12 Fund under subsection (d); and 

13 (B) any interest earned on those amounts. 

14 (2) MANAGEMENT; AVAILABILITY.—Amounts in 

15 the Trust Fund shall— 

16 (A) be managed, invested, and distributed 

17 by the Secretary; and 

18 (B) remain available until expended. 

19 (c) ACCOUNTS.—The Secretary shall establish in the 

20 Trust Fund the following accounts: 

21 (1) The Fort Belknap Indian Community Trib22 al Land and Water Rehabilitation, Modernization, 

23 and Expansion Account, the principal and interest of 

24 which may be used to pay or reimburse costs in25 curred by the United States, the State, or the Fort 


kjohnson on DSK79L0C42PROD with BILLS
103 

•HR 5673 IH

1 Belknap Indian Community for activities described 

2 in the Plan relating to— 

3 (A) exchanging, transferring, or acquiring 

4 land; 

5 (B) rehabilitating or otherwise improving 

6 existing and historically irrigated land or 

7 projects; 

8 (C) agricultural development; 

9 (D) cultural preservation; 

10 (E) water resources development; and 

11 (F) other land- and water-related projects. 

12 (2) The Fort Belknap Indian Community 

13 Water Resources and Water Rights Administration, 

14 Operation, and Maintenance Account, of which only 

15 the earned interest may be used to pay for activities 

16 described in the Plan relating to— 

17 (A) the costs of administering the Tribal 

18 water rights, including through— 

19 (i) the development or enactment of a 

20 Tribal Water Code; and 

21 (ii) the establishment and operation of 

22 a Tribal water resources department; and 

23 (B) the annual operation and maintenance 

24 costs for Tribal and allotted water resources 

25 projects. 


kjohnson on DSK79L0C42PROD with BILLS
104 

•HR 5673 IH

1 (3) The Fort Belknap Indian Community Trib2 al Economic Development Account, the principal and 

3 interest of which may be used by the Fort Belknap 

4 Indian Community to pay the costs of such activities 

5 described in the Plan as the Fort Belknap Indian 

6 Community determines to be necessary to advance 

7 the economic development of the Fort Belknap In8 dian Community. 

9 (4) The Fort Belknap Indian Community Do10 mestic Water Supply and Wastewater Systems Ac11 count, the principal and interest of which may be 

12 used by the Fort Belknap Indian Community to pay 

13 the costs of activities described in the Plan relating 

14 to— 

15 (A) preparation of a feasibility study and 

16 design of a water supply and sewer treatment 

17 system for the Fort Belknap Indian Commu18 nity; 

19 (B) the planning, design, and construction 

20 of a domestic water supply system and related 

21 facilities for Tribal communities; 

22 (C) the planning, design, and construction 

23 of a wastewater treatment and collections sys24 tem for Tribal communities; and 


kjohnson on DSK79L0C42PROD with BILLS
105 

•HR 5673 IH

1 (D) environmental compliance in the devel2 opment and construction of projects under this 

3 Act. 

4 (d) DEPOSITS.—The Secretary shall deposit— 

5 (1) in the Fort Belknap Indian Community 

6 Tribal Land and Water Rehabilitation, Moderniza7 tion, and Expansion Account established under sub8 section (c)(1), the amounts made available pursuant 

9 to section 12(b); 

10 (2) in the Fort Belknap Indian Community 

11 Water Resources and Water Rights Administration, 

12 Operation, and Maintenance Account established 

13 under subsection (c)(2), the amounts made available 

14 pursuant to section 12(c); 

15 (3) in the Fort Belknap Indian Community 

16 Tribal Economic Development Account established 

17 under subsection (c)(3), the amounts made available 

18 pursuant to section 12(d); and 

19 (4) in the Fort Belknap Indian Community Do20 mestic Water Supply and Wastewater Systems Ac21 count established under subsection (c)(4), the 

22 amounts made available pursuant to section 12(e). 

23 (e) MANAGEMENT AND INTEREST.— 

24 (1) MANAGEMENT.—On deposit of the funds 

25 into the Accounts pursuant to subsection (d), the 


kjohnson on DSK79L0C42PROD with BILLS
106 

•HR 5673 IH

1 Secretary shall manage, invest, and distribute all 

2 amounts in the Trust Fund in accordance with— 

3 (A) the Act of April 1, 1880 (25 U.S.C. 

4 161); 

5 (B) the first section of the Act of June 24, 

6 1938 (25 U.S.C. 162a); 

7 (C) the American Indian Trust Fund Man8 agement Reform Act of 1994 (25 U.S.C. 4001 

9 et seq.); 

10 (D) the obligations of Federal corporations 

11 and Federal Government-sponsored entities, the 

12 charter documents of which provide that the ob13 ligations of the entities are lawful investments 

14 for federally managed funds, including— 

15 (i) mortgages, obligations, and other 

16 securities of the Federal Home Loan Mort17 gage Corporation described in section 303 

18 of the Federal Home Loan Mortgage Cor19 poration Act (12 U.S.C. 1452); 

20 (ii) bonds, notes, and debentures of 

21 the Commodity Credit Corporation de22 scribed in section 4 of the Act of March 8, 

23 1938 (15 U.S.C. 713a–4); 

24 (iii) bonds and other obligations of the 

25 Tennessee Valley Authority described in 


kjohnson on DSK79L0C42PROD with BILLS
107 

•HR 5673 IH

1 section 15d of the Tennessee Valley Au2 thority Act of 1933 (16 U.S.C. 831n–4); 

3 and 

4 (iv) the obligations of the United 

5 States Postal Service described in section 

6 2005 of title 39, United States Code; and 

7 (E) this section. 

8 (2) INVESTMENT EARNINGS.—In addition to 

9 the deposits under subsection (d), any investment 

10 earnings, including interest, credited to amounts 

11 held in the Trust Fund are authorized to be appro12 priated for use in accordance with subsection (c). 

13 (f) AVAILABILITY OF AMOUNTS.— 

14 (1) FUNDING.—Except as provided in para15 graph (3), the amounts made available under this 

16 section (including any investment earnings on those 

17 amounts) shall be available for expenditure or with18 drawal by the Fort Belknap Indian Community 

19 without fiscal year limitation beginning on the en20 forceability date. 

21 (2) OTHER FUNDING.—In addition to funding 

22 specifically made available under this Act, if the Sec23 retary determines that, for a given fiscal year, a suf24 ficient amount of funding has not been made avail25 able through annual appropriations or other sources, 


kjohnson on DSK79L0C42PROD with BILLS
108 

•HR 5673 IH

1 the Secretary shall expend from the Reclamation 

2 Water Settlements Fund established by section 

3 10501(a) of the Omnibus Public Land Management 

4 Act of 2009 (43 U.S.C. 407(a)) such amounts as are 

5 necessary to pay the Federal share of the costs asso6 ciated with the Trust Fund. 

7 (3) FUNDING FOR TRIBAL IMPLEMENTATION

8 ACTIVITIES.—Notwithstanding paragraph (1), on ap9 proval of the Compact by the members of the Fort 

10 Belknap Indian Community pursuant to section 

11 10(f)(1), as certified by the Secretary and the Fort 

12 Belknap Indian Community, and subject to the 

13 availability of appropriations, $4,800,000 of the 

14 amounts in the Fort Belknap Indian Community 

15 Water Resources and Water Rights Administration, 

16 Operation, and Maintenance Account established 

17 under subsection (c)(2) shall be made available to 

18 the Fort Belknap Indian Community for— 

19 (A) the administration of the Tribal water 

20 right; and 

21 (B) the implementation of— 

22 (i) the Compact; and 

23 (ii) this Act. 

24 (g) WITHDRAWALS.— 


kjohnson on DSK79L0C42PROD with BILLS
109 

•HR 5673 IH

1 (1) AMERICAN INDIAN TRUST FUND MANAGE2 MENT REFORM ACT OF 1994.— 

3 (A) IN GENERAL.—The Fort Belknap In4 dian Community may withdraw any portion of 

5 the amounts in the Trust Fund on approval by 

6 the Secretary of a Tribal management plan in 

7 accordance with the American Indian Trust 

8 Fund Management Reform Act of 1994 (25 

9 U.S.C. 4001 et seq.). 

10 (B) ADDITIONAL REQUIREMENTS.—In ad11 dition to the requirements under the American 

12 Indian Trust Fund Management Reform Act of 

13 1994 (25 U.S.C. 4001 et seq.), the Tribal man14 agement plan under this paragraph shall re15 quire that the Fort Belknap Indian Community 

16 shall spend all amounts withdrawn from the 

17 Trust Fund in accordance with— 

18 (i) this Act; and 

19 (ii) the Compact. 

20 (C) ENFORCEMENT.—The Secretary may 

21 carry out such judicial and administrative ac22 tions as the Secretary determines to be nec23 essary— 

24 (i) to enforce the Tribal management 

25 plan under this paragraph; and 


kjohnson on DSK79L0C42PROD with BILLS
110 

•HR 5673 IH

1 (ii) to ensure that amounts withdrawn 

2 from the Trust Fund by the Fort Belknap 

3 Indian Community under this paragraph 

4 are used in accordance with— 

5 (I) this Act; and 

6 (II) the Compact. 

7 (2) EXPENDITURE PLAN.— 

8 (A) IN GENERAL.—The Fort Belknap In9 dian Community may submit to the Secretary a 

10 request to withdraw funds from the Trust Fund 

11 pursuant to an approved expenditure plan 

12 under subparagraph (B). 

13 (B) PLAN.— 

14 (i) IN GENERAL.—The Fort Belknap 

15 Indian Community shall submit to the Sec16 retary for approval an expenditure plan for 

17 any portion of the amounts in the Trust 

18 Fund that the Fort Belknap Indian Com19 munity elects to withdraw pursuant to this 

20 paragraph. 

21 (ii) DESCRIPTION.—The expenditure 

22 plan shall describe the manner in which, 

23 and the purposes for which, amounts in 

24 the Trust Fund will be used for the pur25 poses described in— 


kjohnson on DSK79L0C42PROD with BILLS
111 

•HR 5673 IH

1 (I) this Act; and 

2 (II) the Compact. 

3 (C) APPROVAL.—The Secretary shall ap4 prove an expenditure plan submitted under sub5 paragraph (B) if the Secretary determines that 

6 the plan is— 

7 (i) reasonable; and 

8 (ii) in accordance with— 

9 (I) this Act; and 

10 (II) the Compact. 

11 (3) LIABILITY.—The Secretary and the Sec12 retary of the Treasury shall not be liable for any ex13 penditure or investment of amounts withdrawn from 

14 the Trust Fund by the Fort Belknap Indian Com15 munity pursuant to this subsection. 

16 (4) ANNUAL REPORT.—For each account in the 

17 Trust Fund, the Fort Belknap Indian Community 

18 shall submit to the Secretary an annual report that 

19 describes all expenditures from the account pursuant 

20 to an expenditure plan under paragraph (2)(B) dur21 ing the preceding fiscal year. 

22 (h) NO PER CAPITA PAYMENTS.—No principal or in23 terest amount in any account established by this section 

24 shall be distributed to any member of the Fort Belknap 

25 Indian Community on a per capita basis. 


kjohnson on DSK79L0C42PROD with BILLS
112 

•HR 5673 IH

1 (i) PEOPLES CREEK DAM AND RESERVOIR.—To con2 tribute to the cost of design and construction of the Peo3 ples Creek Dam and Reservoir to support mitigation ac4 tivities, the Secretary shall request that the State pay to 

5 the general fund of the Treasury $5,000,000, to be depos6 ited to the credit of the Fort Belknap Indian Community 

7 Tribal Land and Water Rehabilitation, Modernization, 

8 and Expansion Account established under subsection 

9 (c)(1). 

10 (j) NONREIMBURSABILITY OF COSTS.—The costs to 

11 the Secretary of carrying out this section shall be nonreim12 bursable. 

13 SEC. 12. FUNDING. 

14 (a) RECLAMATION WATER SETTLEMENTS FUND.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of law, on October 1, 2021, and each Octo17 ber 1 thereafter through October 1, 2030, out of any 

18 funds in the Treasury not otherwise appropriated, 

19 the Secretary of the Treasury shall transfer to the 

20 Secretary for deposit in the Reclamation Water Set21 tlements Fund established by section 10501(a) of 

22 the Omnibus Public Land Management Act of 2009 

23 (43 U.S.C. 407(a)) $30,000,000, to remain available 

24 until expended, for the use described in paragraph 

25 (2). 


kjohnson on DSK79L0C42PROD with BILLS
113 

•HR 5673 IH

1 (2) RECEIPT AND ACCEPTANCE.—The Sec2 retary shall be entitled to receive, shall accept, and 

3 shall use to carry out section 10501(c)(3)(B)(iii) of 

4 the Omnibus Public Land Management Act of 2009 

5 (43 U.S.C. 407(c)(3)(B)(iii)) the funds transferred 

6 under paragraph (1) specifically to pay towards the 

7 Federal share of the remaining costs of imple8 menting the Indian water rights settlement agree9 ment for the Fort Belknap Indian Community under 

10 this Act, without further appropriation. 

11 (b) FORT BELKNAP INDIAN COMMUNITY TRIBAL

12 LAND AND WATER, REHABILITATION, MODERNIZATION, 

13 AND EXPANSION ACCOUNT.— 

14 (1) MANDATORY APPROPRIATIONS.—Out of any 

15 funds in the Treasury not otherwise appropriated, 

16 the Secretary of the Treasury shall deposit in the 

17 Fort Belknap Indian Community Tribal Land and 

18 Water, Rehabilitation, Modernization, and Expan19 sion Account established under paragraph (1) of sec20 tion 11(c) $134,478,400, as adjusted to reflect 

21 changes in construction cost indices since May 1, 

22 2011, that are applicable to the types of construc23 tion involved in the activities described in that para24 graph. 


kjohnson on DSK79L0C42PROD with BILLS
114 

•HR 5673 IH

1 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

2 addition to the amounts made available under para3 graph (1), there is authorized to be appropriated for 

4 deposit in the Fort Belknap Indian Community 

5 Tribal Land and Water, Rehabilitation, Moderniza6 tion, and Expansion Account established under para7 graph (1) of section 11(c) $105,661,600, as adjusted 

8 to reflect changes in construction cost indices since 

9 May 1, 2011, that are applicable to the types of con10 struction involved in the activities described in that 

11 paragraph. 

12 (c) FORT BELKNAP INDIAN COMMUNITY WATER RE13 SOURCES AND WATER RIGHTS ADMINISTRATION, OPER14 ATION, AND MAINTENANCE ACCOUNT.— 

15 (1) MANDATORY APPROPRIATIONS.—Out of any 

16 funds in the Treasury not otherwise appropriated, 

17 the Secretary of the Treasury shall deposit in the 

18 Belknap Indian Community Water Resources and 

19 Water Rights Administration, Operation, and Main20 tenance Account established under paragraph (2) of 

21 section 11(c) $31,263,000, as adjusted to reflect 

22 changes in construction cost indices since May 1, 

23 2011, that are applicable to the types of construc24 tion involved in the activities described in that para25 graph. 


kjohnson on DSK79L0C42PROD with BILLS
115 

•HR 5673 IH

1 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

2 addition to the amounts made available under para3 graph (1), there is authorized to be appropriated for 

4 deposit in the Belknap Indian Community Water 

5 Resources and Water Rights Administration, Oper6 ation, and Maintenance Account established under 

7 paragraph (2) of section 11(c) $30,037,000, as ad8 justed to reflect changes in construction cost indices 

9 since May 1, 2011, that are applicable to the types 

10 of construction involved in the activities described in 

11 that paragraph. 

12 (d) FORT BELKNAP INDIAN COMMUNITY TRIBAL

13 ECONOMIC DEVELOPMENT ACCOUNT.— 

14 (1) MANDATORY APPROPRIATIONS.—Out of any 

15 funds in the Treasury not otherwise appropriated, 

16 the Secretary of the Treasury shall deposit in the 

17 Fort Belknap Indian Community Tribal Economic 

18 Development Account established under paragraph 

19 (3) of section 11(c) $92,614,500, as adjusted to re20 flect changes in construction cost indices since May 

21 1, 2011, that are applicable to the types of construc22 tion involved in the activities described in that para23 graph. 

24 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

25 addition to the amounts made available under paraVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
116 

•HR 5673 IH

1 graph (1), there is authorized to be appropriated for 

2 deposit in the Fort Belknap Indian Community 

3 Tribal Economic Development Account established 

4 under paragraph (3) of section 11(c) $75,775,500, 

5 as adjusted to reflect changes in construction cost 

6 indices since May 1, 2011, that are applicable to the 

7 types of construction involved in the activities de8 scribed in that paragraph. 

9 (e) FORT BELKNAP INDIAN COMMUNITY DOMESTIC

10 WATER SUPPLY AND WASTEWATER SYSTEMS AC11 COUNT.— 

12 (1) MANDATORY APPROPRIATIONS.—Out of any 

13 funds in the Treasury not otherwise appropriated, 

14 the Secretary of the Treasury shall deposit in the 

15 Fort Belknap Indian Community Domestic Water 

16 Supply and Wastewater Systems Account established 

17 under paragraph (4) of section 11(c) $69,036,800, 

18 as adjusted to reflect changes in construction cost 

19 indices since May 1, 2011, that are applicable to the 

20 types of construction involved in the activities de21 scribed in that paragraph. 

22 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

23 addition to the amounts made available under para24 graph (1), there is authorized to be appropriated for 

25 deposit in the Fort Belknap Indian Community DoVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
117 

•HR 5673 IH

1 mestic Water Supply and Wastewater Systems Ac2 count established under paragraph (4) of section 

3 11(c) $54,243,200, as adjusted to reflect changes in 

4 construction cost indices since May 1, 2011, that are 

5 applicable to the types of construction involved in 

6 the activities described in that paragraph. 

7 (f) MILK RIVER PROJECT MITIGATION.— 

8 (1) IN GENERAL.—As soon as practicable after 

9 the date on which amounts are appropriated under 

10 paragraph (2), the Secretary shall make a grant to 

11 the State in the amount of $21,000,000, to be used 

12 by the State only to support the cost of construction 

13 involved in the mitigation activities that will be im14 plemented for the Milk River Project, including by 

15 making grants under section 8(c)(1). 

16 (2) AUTHORIZATION OF APPROPRIATIONS.— 

17 There is authorized to be appropriated to the Sec18 retary to carry out this subsection $21,000,000 for 

19 fiscal year 2021, as adjusted to reflect changes in 

20 construction cost indices since May 1, 2011, that are 

21 applicable to the types of construction involved in 

22 the mitigation activities that will be implemented for 

23 the Milk River Project. 

24 (g) FEDERAL CONTRIBUTION TO THE MILK RIVER

25 PROJECT MITIGATION.— 


kjohnson on DSK79L0C42PROD with BILLS
118 

•HR 5673 IH

1 (1) STATE TRUST ACCOUNT.—The Secretary 

2 shall establish a trust account for the State, con3 sisting of such amounts as are made available by the 

4 Secretary to carry out the mitigation and watershed 

5 improvement activities described in the Compact. 

6 (2) TRANSFER.—Not later than 60 days after 

7 the date on which an amount is appropriated under 

8 paragraph (4) for a fiscal year, the Secretary shall 

9 transfer the amount, at no charge to the State, to 

10 the State trust account established under paragraph 

11 (1). 

12 (3) ALLOCATIONS.— 

13 (A) INTEREST.—The State may expend 

14 the interest accruing on amounts in the State 

15 trust account under paragraph (1) as the State 

16 determines to be appropriate to fulfill the pur17 poses of the Compact. 

18 (B) PRINCIPAL.—The State shall not ex19 pend the principal amount in the State trust 

20 account until— 

21 (i) the Fort Belknap Indian Commu22 nity has developed, or is in the process of 

23 developing, the Tribal water rights in ac24 cordance with the Compact and this Act; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
119 

•HR 5673 IH

1 (ii) the State, in consultation with the 

2 Secretary, determines that a proposed ex3 penditure of the principal amount is nec4 essary to satisfy mitigation or watershed 

5 improvement obligations under the Com6 pact. 

7 (4) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to the Sec9 retary to carry out this subsection $5,000,000 for 

10 each of fiscal years 2021 through 2023. 

11 (h) NONREIMBURSABILITY OF COSTS.—All amounts 

12 incurred by the Secretary under this section shall be non13 reimbursable. 

14 SEC. 13. MISCELLANEOUS PROVISIONS. 

15 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

16 UNITED STATES.—Except as provided in subsections (a) 

17 through (c) of section 208 of the Department of Justice 

18 Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 

19 Act waives the sovereign immunity of the United States. 

20 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

21 Nothing in this Act quantifies or diminishes any land or 

22 water right, or any claim or entitlement to land or water, 

23 of an Indian Tribe, band, or community other than the 

24 Fort Belknap Indian Community. 


kjohnson on DSK79L0C42PROD with BILLS
120 

•HR 5673 IH

1 (c) ELIMINATION OF DEBTS OR LIENS AGAINST AL2 LOTMENTS OF THE FORT BELKNAP INDIAN COMMUNITY

3 MEMBERS.—The Secretary shall cancel and eliminate all 

4 debts or liens against the allotments of land held by the 

5 Fort Belknap Indian Community and the members of the 

6 Fort Belknap Indian Community due to construction as7 sessments, annual operation and maintenance charges, 

8 and any other charge that may have been levied relating 

9 to an irrigation project of the Secretary for the Fort 

10 Belknap Indian Community. 

11 (d) EFFECT ON CURRENT LAW.—Nothing in this Act 

12 affects any provision of law (including regulations) in ef13 fect on the day before the date of enactment of this Act 

14 with respect to pre-enforcement review of any Federal en15 vironmental enforcement action. 

16 (e) EFFECT ON RECLAMATION LAWS.—The activities 

17 carried out by the Commissioner under this Act shall not 

18 establish a precedent or impact the authority provided 

19 under any other provision of the reclamation laws, includ20 ing— 

21 (1) the Reclamation Rural Water Supply Act of 

22 2006 (43 U.S.C. 2401 et seq.); and 

23 (2) the Omnibus Public Land Management Act 

24 of 2009 (Public Law 111–11; 123 Stat. 991). 


kjohnson on DSK79L0C42PROD with BILLS
121 

•HR 5673 IH

1 (f) ADDITIONAL FUNDING.—Nothing in this Act pro2 hibits the Fort Belknap Indian Community from seek3 ing— 

4 (1) additional funds for Tribal programs or 

5 purposes; or 

6 (2) funding from the United States or the State 

7 based on the status of the Fort Belknap Indian 

8 Community as an Indian Tribe. 

9 (g) RIGHTS UNDER STATE LAW.—Except as pro10 vided in section 1 of article III of the Compact (relating 

11 to the closing of certain water basins in the State to new 

12 appropriations in accordance with the laws of the State), 

13 nothing in this Act or the Compact precludes the acquisi14 tion or exercise of a right arising under State law (as de15 fined in section 6 of article II of the Compact) to the use 

16 of water by the Fort Belknap Indian Community, or a 

17 member or allottee of the Fort Belknap Indian Commu18 nity, outside the Reservation by— 

19 (1) purchase of the right; or 

20 (2) submitting to the State an application in 

21 accordance with State law. 

22 (h) WATER STORAGE AND IMPORTATION.—Nothing 

23 in this Act or the Compact prevents the Fort Belknap In24 dian Community from participating in any project to im25 port water to, or improve storage in, the Milk River. 


kjohnson on DSK79L0C42PROD with BILLS
122 

•HR 5673 IH

1 (i) ENVIRONMENTAL PROTECTION.— 

2 (1) DEFINITION OF LITTLE ROCKIES MOUN3 TAINS.—In this subsection, the term ‘‘Little Rockies 

4 Mountains’’ means the mountains that— 

5 (A) form the southern boundary of the 

6 Reservation; and 

7 (B) are sacred and culturally significant to 

8 the Fort Belknap Indian Community. 

9 (2) PROTECTION.—Nothing in the Compact or 

10 this Act limits— 

11 (A) the authority of the United States, the 

12 State, or the Fort Belknap Indian Community 

13 to enforce any Federal, State, or Tribal law (in14 cluding common law) relating to the protection 

15 of the environment; or 

16 (B) any claim of the Fort Belknap Indian 

17 Community, a member of the Fort Belknap In18 dian Community, or an allottee, or of the 

19 United States, acting on behalf of the Fort 

20 Belknap Indian Community, a member of the 

21 Fort Belknap Indian Community, or an allot22 tee, for— 

23 (i) damage to water quality caused by 

24 mining activities in the Little Rockies 

25 Mountains; or 


kjohnson on DSK79L0C42PROD with BILLS
123 

•HR 5673 IH

1 (ii) depletion in surface flows or 

2 groundwater on the southern end of the 

3 Reservation. 

4 (j) WATER TRANSPORT OBLIGATION.— 

5 (1) IN GENERAL.—The Secretary, acting 

6 through the Director of the Bureau of Indian Affairs 

7 and the Commissioner, shall provide assistance 

8 with— 

9 (A) the planning, design, and construction 

10 of— 

11 (i) the Fort Belknap water supply in12 frastructure; 

13 (ii) the Fort Belknap Indian Irriga14 tion Rehabilitation Project; and 

15 (iii) the restoration of historic irriga16 tion projects within the boundaries of the 

17 Reservation; and 

18 (B) any environmental compliance activi19 ties necessary in the development and construc20 tion of a project under this Act. 

21 (2) AUTHORIZATION OF STUDIES.— 

22 (A) IN GENERAL.—The Secretary, acting 

23 through the Director of the Bureau of Indian 

24 Affairs and the Commissioner, in consultation 


kjohnson on DSK79L0C42PROD with BILLS
124 

•HR 5673 IH

1 with the Fort Belknap Indian Community and 

2 the State, shall carry out 1 or more studies— 

3 (i) to determine the feasibility (and, if 

4 feasible, the design) of a water supply and 

5 wastewater treatment system for the Fort 

6 Belknap Indian Community; and 

7 (ii) if a project to be developed and 

8 constructed under this Act is associated 

9 with, affected by, or located within the 

10 same river basin as a Federal reclamation 

11 project in existence on the date of enact12 ment of this Act— 

13 (I) to determine the environ14 mental impact of the project; and 

15 (II) to ensure environmental 

16 compliance in the development and 

17 construction of the project. 

18 (B) COOPERATIVE AGREEMENT WITH THE

19 STATE AND THE FORT BELKNAP INDIAN COM20 MUNITY.—The Secretary may enter into 1 or 

21 more cooperative agreements with the State and 

22 the Fort Belknap Indian Community to carry 

23 out a study described in subparagraph (A) if 

24 the Secretary determines that a cooperative 

25 agreement would be cost-effective and efficient. 


kjohnson on DSK79L0C42PROD with BILLS
125 

•HR 5673 IH

1 (k) TITLE TO CONSTRUCTED WORKS.—The Federal 

2 Government shall continue to hold title to any designated 

3 works constructed for the Fort Belknap Indian Commu4 nity pursuant to this Act until such time as all of the fol5 lowing conditions have been met: 

6 (1) Construction is completed. 

7 (2) The designated constructed works are in op8 eration and functioning according to standards of 

9 the relevant Federal agency responsible for the 

10 works. 

11 (3) The Secretary has implemented a process 

12 for the management and transfer of the designated 

13 constructed works that includes— 

14 (A) organizational development; 

15 (B) completion of irrigation system infra16 structure, rehabilitation, and improvement; and 

17 (C) agricultural development (such as ex18 tension services), including— 

19 (i) completion of a training program 

20 for employees designated by the Fort 

21 Belknap Indian Community; and 

22 (ii) a determination by the Fort 

23 Belknap Indian Community and the rel24 evant Federal agency that the employees 

25 that completed the training program under 


kjohnson on DSK79L0C42PROD with BILLS
126 

•HR 5673 IH

1 clause (i) are competent to assume partial 

2 or all operational and maintenance respon3 sibilities for the constructed works to be 

4 transferred. 

5 (4) The Fort Belknap Indian Community Coun6 cil has agreed to the transfer of the title for the des7 ignated constructed works to the Fort Belknap In8 dian Community with the assumption of all respon9 sibilities for that designated constructed works. 

10 (5) After the transfer of title to the Fort 

11 Belknap Indian Community, the United States shall 

12 have no further responsibilities for the operation and 

13 maintenance of the designated constructed works. 

14 (l) CONFLICT OF PROVISIONS.—If any provision of 

15 this Act conflicts with a provision of the Compact, this 

16 Act shall prevail. 

17 SEC. 14. TERMINATION ON FAILURE TO MEET ENFORCE18 ABILITY DATE. 

19 (a) IN GENERAL.—If the Secretary has not published 

20 a statement of findings under section 10(f) by the applica21 ble date described in subsection (b)— 

22 (1) the authority provided by this Act shall ter23 minate effective on— 

24 (A) January 1, 2030; or 


kjohnson on DSK79L0C42PROD with BILLS
127 

•HR 5673 IH

1 (B) a later date agreed to by the Fort 

2 Belknap Indian Community and the Secretary; 

3 (2) any action taken by the Secretary and any 

4 contract or agreement entered into pursuant to this 

5 Act that can be reversed shall be void; and 

6 (3) any waivers and releases executed under 

7 section 10(a) shall be void. 

8 (b) DATE DESCRIBED.—The date referred to in sub9 section (a) is, as applicable— 

10 (1) December 31, 2029; or 

11 (2) an alternative later date agreed to by the 

12 Fort Belknap Indian Community and the Secretary 

13 after reasonable notice to the State. 

14 SEC. 15. ANTIDEFICIENCY. 

15 The United States shall not be liable for any failure 

16 to carry out any obligation or activity authorized by this 

17 Act, including any obligation or activity under the Com18 pact, if— 

19 (1) adequate appropriations are not provided by 

20 Congress expressly to carry out the purposes of this 

21 Act; or 

22 (2) there are not enough funds available in the 

23 Reclamation Water Settlements Fund established by 

24 section 10501(a) of the Omnibus Public Land ManVerDate Sep 11 2014 02:23 Jan 25, 2020 Jkt 099200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

kjohnson on DSK79L0C42PROD with BILLS
128 

•HR 5673 IH

1 agement Act of 2009 (43 U.S.C. 407(a)) to carry 

2 out the purposes of this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS