I 

118TH CONGRESS 

2D SESSION H. R. 7240 

To achieve a fair, equitable, and final settlement of claims to water rights 

in the State of Montana for the Fort Belknap Indian Community of 

the Fort Belknap Reservation of Montana, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2024 

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

Committee on Natural Resources 

A BILL 

To achieve a fair, equitable, and final settlement of claims 

to water rights in the State of Montana for the Fort 

Belknap Indian Community of the Fort Belknap Reservation of Montana, 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 ‘‘Fort Belknap Indian Community Water Rights Settle6 ment Act of 2024’’. 

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

8 this Act is: 


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Sec. 1. Short title; Table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Ratification of Compact. 

Sec. 5. Tribal water rights. 

Sec. 6. Exchange and transfer of land. 

Sec. 7. Storage allocation from Lake Elwell. 

Sec. 8. Milk River Project mitigation. 

Sec. 9. Fort Belknap Indian Irrigation Project System. 

Sec. 10. Satisfaction of claims. 

Sec. 11. Waivers and releases of claims. 

Sec. 12. Aaniiih Nakoda Settlement Trust Fund. 

Sec. 13. Fort Belknap Indian Community Water Settlement Implementation 

Fund. 

Sec. 14. Funding. 

Sec. 15. Miscellaneous provisions. 

Sec. 16. Antideficiency. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to achieve a fair, equitable, and final settle4 ment of claims to water rights in the State of Mon5 tana for— 

6 (A) the Fort Belknap Indian Community 

7 of the Fort Belknap Reservation of Montana; 

8 and 

9 (B) the United States, acting as trustee 

10 for the Fort Belknap Indian Community and 

11 allottees; 

12 (2) to authorize, ratify, and confirm the water 

13 rights compact entered into by the Fort Belknap In14 dian Community and the State, to the extent that 

15 the Compact is consistent with this Act; 

16 (3) to authorize and direct the Secretary— 

17 (A) to execute the Compact; and 


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1 (B) to take any other actions necessary to 

2 carry out the Compact in accordance with this 

3 Act; 

4 (4) to authorize funds necessary for the imple5 mentation of the Compact and this Act; and 

6 (5) to authorize the exchange and transfer of 

7 certain Federal and State land. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

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

11 individual who holds a beneficial real property inter12 est in an allotment of Indian land that is— 

13 (A) located within the Reservation; and 

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

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

16 Tribe’’ means the Blackfeet Tribe of the Blackfeet 

17 Indian Reservation of Montana. 

18 (3) CERCLA.—The term ‘‘CERCLA’’ means the 

19 Comprehensive Environmental Response, Compensa20 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

21 seq.). 

22 (4) COMMISSIONER.—The term ‘‘Commis23 sioner’’ means the Commissioner of Reclamation. 

24 (5) COMPACT.—The term ‘‘Compact’’ means— 


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1 (A) the Fort Belknap-Montana water 

2 rights compact dated April 16, 2001, as con3 tained in section 85–20–1001 of the Montana 

4 Code Annotated (2021); and 

5 (B) any appendix (including appendix 

6 amendments), part, or amendment to the Com7 pact that is executed to make the Compact con8 sistent with this Act. 

9 (6) ENFORCEABILITY DATE.—The term ‘‘en10 forceability date’’ means the date described in sec11 tion 11(f). 

12 (7) FORT BELKNAP INDIAN COMMUNITY.—The 

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

14 Gros Ventre and Assiniboine Tribes of the Fort 

15 Belknap Reservation of Montana, a federally recog16 nized Indian Tribal entity included on the list pub17 lished by the Secretary pursuant to section 104(a) 

18 of the Federally Recognized Indian Tribe List Act of 

19 1994 (25 U.S.C. 5131(a)). 

20 (8) FORT BELKNAP INDIAN COMMUNITY COUN21 CIL.—The term ‘‘Fort Belknap Indian Community 

22 Council’’ means the governing body of the Fort 

23 Belknap Indian Community. 

24 (9) FORT BELKNAP INDIAN IRRIGATION

25 PROJECT.— 


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1 (A) IN GENERAL.—The term ‘‘Fort 

2 Belknap Indian Irrigation Project’’ means the 

3 Federal Indian irrigation project constructed 

4 and operated by the Bureau of Indian Affairs, 

5 consisting of the Milk River unit, including— 

6 (i) the Three Mile unit; and 

7 (ii) the White Bear unit. 

8 (B) INCLUSIONS.—The term ‘‘Fort 

9 Belknap Indian Irrigation Project’’ includes any 

10 addition to the Fort Belknap Indian Irrigation 

11 Project constructed pursuant to this Act, in12 cluding expansion of the Fort Belknap Indian 

13 Irrigation Project, the Pumping Plant, delivery 

14 Pipe and Canal, the Fort Belknap Reservoir 

15 and Dam, and the Peoples Creek Flood Protec16 tion Project. 

17 (10) IMPLEMENTATION FUND.—The term ‘‘Im18 plementation Fund’’ means the Fort Belknap Indian 

19 Community Water Settlement Implementation Fund 

20 established by section 13(a). 

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

22 has the meaning given the term in section 4 of the 

23 Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 5304). 


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1 (12) LAKE ELWELL.—The term ‘‘Lake Elwell’’ 

2 means the water impounded on the Marias River in 

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

4 Marias Unit of the Pick-Sloan Missouri River Basin 

5 Program authorized by section 9 of the Act of De6 cember 22, 1944 (commonly known as the ‘‘Flood 

7 Control Act of 1944’’) (58 Stat. 891, chapter 665). 

8 (13) MALTA IRRIGATION DISTRICT.—The term 

9 ‘‘Malta Irrigation District’’ means the public cor10 poration— 

11 (A) created on December 28, 1923, pursu12 ant to the laws of the State relating to irriga13 tion districts; and 

14 (B) headquartered in Malta, Montana. 

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

16 means the mainstem of the Milk River and each 

17 tributary of the Milk River between the headwaters 

18 of the Milk River and the confluence of the Milk 

19 River with the Missouri River, consisting of— 

20 (A) Montana Water Court Basins 40F, 

21 40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and 

22 40O; and 

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

24 tributary of the Milk River that flows through 


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1 the Canadian Provinces of Alberta and Sas2 katchewan. 

3 (15) 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— 

14 (i) the St. Mary Unit; 

15 (ii) the Fresno Dam and Reservoir; 

16 and 

17 (iii) the Dodson pumping unit. 

18 (16) MISSOURI RIVER BASIN.—The term ‘‘Mis19 souri River Basin’’ means the hydrologic basin of 

20 the Missouri River, including tributaries. 

21 (17) OPERATIONS AND MAINTENANCE.—The 

22 term ‘‘operations and maintenance’’ means the Bu23 reau of Indian Affairs operations and maintenance 

24 activities related to costs described in section 


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1 171.500 of title 25, Code of Federal Regulations (or 

2 a successor regulation). 

3 (18) OPERATIONS, MAINTENANCE, AND RE4 PLACEMENT.—The term ‘‘operations, maintenance, 

5 and replacement’’ means— 

6 (A) any recurring or ongoing activity asso7 ciated with the day-to-day operation of a 

8 project; 

9 (B) any activity relating to scheduled or 

10 unscheduled maintenance of a project; and 

11 (C) any activity relating to repairing, re12 placing, or rehabilitating a feature of a project. 

13 (19) PICK-SLOAN MISSOURI RIVER BASIN PRO14 GRAM.—The term ‘‘Pick-Sloan Missouri River Basin 

15 Program’’ means the Pick-Sloan Missouri River 

16 Basin Program (authorized by section 9 of the Act 

17 of December 22, 1944 (commonly known as the 

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

19 665)). 

20 (20) PMM.—The term ‘‘PMM’’ means the 

21 Principal Meridian, Montana. 

22 (21) RESERVATION.— 

23 (A) IN GENERAL.—The term ‘‘Reserva24 tion’’ means the area of the Fort Belknap Res25 ervation in the State, as modified by this Act. 


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1 (B) INCLUSIONS.—The term ‘‘Reserva2 tion’’ includes— 

3 (i) all land and interests in land es4 tablished by— 

5 (I) the Agreement with the Gros 

6 Ventre and Assiniboine Tribes of the 

7 Fort Belknap Reservation, ratified by 

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

9 chapter 212), as modified by the 

10 Agreement with the Indians of the 

11 Fort Belknap Reservation of October 

12 9, 1895 (ratified by the Act of June 

13 10, 1896) (29 Stat. 350, chapter 

14 398); 

15 (II) the Act of March 3, 1921 

16 (41 Stat. 1355, chapter 135); and 

17 (III) Public Law 94–114 (25 

18 U.S.C. 5501 et seq.); 

19 (ii) the land known as the ‘‘Hancock 

20 lands’’ purchased by the Fort Belknap In21 dian Community pursuant to the Fort 

22 Belknap Indian Community Council Reso23 lution No. 234–89 (October 2, 1989); and 

24 (iii) all land transferred to the United 

25 States to be held in trust for the benefit of 


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1 the Fort Belknap Indian Community under 

2 section 6. 

3 (22) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of the Interior. 

5 (23) ST. MARY UNIT.— 

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

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

8 Milk River Project authorized by Congress on 

9 March 25, 1905. 

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

11 Unit’’ includes— 

12 (i) Sherburne Dam and Reservoir; 

13 (ii) Swift Current Creek Dike; 

14 (iii) Lower St. Mary Lake; 

15 (iv) St. Mary Canal Diversion Dam; 

16 and 

17 (v) St. Mary Canal and appur18 tenances. 

19 (24) STATE.—The term ‘‘State’’ means the 

20 State of Montana. 

21 (25) TRIBAL WATER CODE.—The term ‘‘Tribal 

22 water code’’ means the Tribal water code enacted by 

23 the Fort Belknap Indian Community pursuant to 

24 section 5(g). 


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1 (26) TRIBAL WATER RIGHTS.—The term ‘‘Trib2 al water rights’’ means the water rights of the Fort 

3 Belknap Indian Community, as described in Article 

4 III of the Compact and this Act, including the allo5 cation of water to the Fort Belknap Indian Commu6 nity from Lake Elwell under section 7. 

7 (27) TRUST FUND.—The term ‘‘Trust Fund’’ 

8 means the Aaniiih Nakoda Settlement Trust Fund 

9 established for the Fort Belknap Indian Community 

10 under section 12(a). 

11 SEC. 4. RATIFICATION OF COMPACT. 

12 (a) RATIFICATION OF COMPACT.— 

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

14 Compact is authorized, ratified, and confirmed. 

15 (2) AMENDMENTS.—Any amendment to the 

16 Compact is authorized, ratified, and confirmed to 

17 the extent that the amendment is executed to make 

18 the Compact consistent with this Act. 

19 (b) EXECUTION.— 

20 (1) IN GENERAL.—To the extent that the Com21 pact does not conflict with this Act, the Secretary 

22 shall execute the Compact, including all appendices 

23 to, or parts of, the Compact requiring the signature 

24 of the Secretary. 


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1 (2) MODIFICATIONS.—Nothing in this Act pre2 cludes the Secretary from approving any modifica3 tion to an appendix to the Compact that is con4 sistent with this Act, to the extent that the modifica5 tion does not otherwise require congressional ap6 proval under section 2116 of the Revised Statutes 

7 (25 U.S.C. 177) or any other applicable provision of 

8 Federal law. 

9 (c) ENVIRONMENTAL COMPLIANCE.— 

10 (1) IN GENERAL.—In implementing the Com11 pact and this Act, the Secretary shall comply with 

12 all applicable provisions of— 

13 (A) the Endangered Species Act of 1973 

14 (16 U.S.C. 1531 et seq.); 

15 (B) the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.), including the 

17 implementing regulations of that Act; and 

18 (C) other applicable Federal environmental 

19 laws and regulations. 

20 (2) COMPLIANCE.— 

21 (A) IN GENERAL.—In implementing the 

22 Compact and this Act, the Fort Belknap Indian 

23 Community shall prepare any necessary envi24 ronmental documents, except for any environVerDate Sep 11 2014 04:32 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7240.IH H7240

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1 mental documents required under section 8, 

2 consistent with all applicable provisions of— 

3 (i) the Endangered Species Act of 

4 1973 (16 U.S.C. 1531 et seq.); 

5 (ii) the National Environmental Policy 

6 Act of 1969 (42 U.S.C. 4231 et seq.), in7 cluding the implementing regulations of 

8 that Act; and 

9 (iii) all other applicable Federal envi10 ronmental laws and regulations. 

11 (B) AUTHORIZATIONS.—The Secretary 

12 shall— 

13 (i) independently evaluate the docu14 mentation submitted under subparagraph 

15 (A); and 

16 (ii) be responsible for the accuracy, 

17 scope, and contents of that documentation. 

18 (3) EFFECT OF EXECUTION.—The execution of 

19 the Compact by the Secretary under this section 

20 shall not constitute a major Federal action for pur21 poses of the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.). 

23 (4) COSTS.—Any costs associated with the per24 formance of the compliance activities described in 

25 paragraph (2) shall be paid from funds deposited in 


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1 the Trust Fund, subject to the condition that any 

2 costs associated with the performance of Federal ap3 proval or other review of such compliance work or 

4 costs associated with inherently Federal functions 

5 shall remain the responsibility of the Secretary. 

6 SEC. 5. TRIBAL WATER RIGHTS. 

7 (a) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

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

9 ratified, confirmed, and declared to be valid. 

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

11 shall be subject to the terms and conditions of the 

12 Compact and this Act. 

13 (3) CONFLICT.—In the event of a conflict be14 tween the Compact and this Act, this Act shall con15 trol. 

16 (b) INTENT OF CONGRESS.—It is the intent of Con17 gress to provide to each allottee benefits that are equiva18 lent to, or exceed, the benefits the allottees possess on the 

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

20 consideration— 

21 (1) the potential risks, cost, and time delay as22 sociated with litigation that would be resolved by the 

23 Compact and this Act; 

24 (2) the availability of funding under this Act 

25 and from other sources; 


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1 (3) the availability of water from the Tribal 

2 water rights; and 

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

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

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

6 allottees. 

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

8 The Tribal water rights— 

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

10 for the use and benefit of the Fort Belknap Indian 

11 Community and allottees in accordance with this 

12 Act; and 

13 (2) shall not be subject to loss through non-use, 

14 forfeiture, or abandonment. 

15 (d) ALLOTTEES.— 

16 (1) APPLICABILITY OF THE ACT OF FEBRUARY

17 8, 1887.—The provisions of section 7 of the Act of 

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

19 U.S.C. 381), relating to the use of water for irriga20 tion purposes, shall apply to the Tribal water rights. 

21 (2) ENTITLEMENT TO WATER.—Any entitle22 ment to water of an allottee under Federal law shall 

23 be satisfied from the Tribal water rights. 


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

2 to a just and equitable allocation of water for irriga3 tion purposes. 

4 (4) CLAIMS.— 

5 (A) EXHAUSTION OF REMEDIES.—Before 

6 asserting any claim against the United States 

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

8 (24 Stat. 390, chapter 119; 25 U.S.C. 381), or 

9 any other applicable law, an allottee shall ex10 haust remedies available under the Tribal water 

11 code or other applicable Tribal law. 

12 (B) ACTION FOR RELIEF.—After the ex13 haustion of all remedies available under the 

14 Tribal water code or other applicable Tribal 

15 law, an allottee may seek relief under section 7 

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

17 chapter 119; 25 U.S.C. 381), or other applica18 ble law. 

19 (5) AUTHORITY OF THE SECRETARY.—The Sec20 retary shall have the authority to protect the rights 

21 of allottees in accordance with this section. 

22 (e) AUTHORITY OF THE FORT BELKNAP INDIAN

23 COMMUNITY.— 

24 (1) IN GENERAL.—The Fort Belknap Indian 

25 Community shall have the authority to allocate, disVerDate Sep 11 2014 04:32 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H7240.IH H7240

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1 tribute, and lease the Tribal water rights for use on 

2 the Reservation in accordance with the Compact, 

3 this Act, and applicable Federal law. 

4 (2) OFF-RESERVATION USE.—The Fort 

5 Belknap Indian Community may allocate, distribute, 

6 and lease the Tribal water rights for off-Reservation 

7 use in accordance with the Compact, this Act, and 

8 applicable Federal law— 

9 (A) subject to the approval of the Sec10 retary; or 

11 (B) pursuant to Tribal water leasing regu12 lations consistent with the requirements of sub13 section (f). 

14 (3) LAND LEASES BY ALLOTTEES.—Notwith15 standing paragraph (1), an allottee may lease any 

16 interest in land held by the allottee, together with 

17 any water right determined to be appurtenant to the 

18 interest in land, in accordance with the Tribal water 

19 code. 

20 (f) TRIBAL WATER LEASING REGULATIONS.— 

21 (1) IN GENERAL.—At the discretion of the Fort 

22 Belknap Indian Community, any water lease of the 

23 Fort Belknap Indian Community of the Tribal water 

24 rights for use on or off the Reservation shall not re25 quire the approval of the Secretary if the lease— 


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1 (A) is executed under tribal regulations, 

2 approved by the Secretary under this sub3 section; 

4 (B) is in accordance with the Compact; 

5 and 

6 (C) does not exceed a term of 100 years, 

7 except that a lease may include an option to 

8 renew for 1 additional term of not to exceed 

9 100 years. 

10 (2) AUTHORITY OF THE SECRETARY OVER

11 TRIBAL WATER LEASING REGULATIONS.— 

12 (A) IN GENERAL.—The Secretary shall 

13 have the authority to approve or disapprove any 

14 Tribal water leasing regulations issued in ac15 cordance with paragraph (1). 

16 (B) CONSIDERATIONS FOR APPROVAL.— 

17 The Secretary shall approve any Tribal water 

18 leasing regulations issued in accordance with 

19 paragraph (1) if the Tribal water leasing regu20 lations— 

21 (i) provide for an environmental re22 view process that includes— 

23 (I) the identification and evalua24 tion of any significant effects of the 


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1 proposed action on the environment; 

2 and 

3 (II) a process for ensuring that— 

4 (aa) the public is informed 

5 of, and has a reasonable oppor6 tunity to comment on, any sig7 nificant environmental impacts of 

8 the proposed action identified by 

9 the Fort Belknap Indian Com10 munity; and 

11 (bb) the Fort Belknap In12 dian Community provides re13 sponses to relevant and sub14 stantive public comments on 

15 those impacts prior to its ap16 proval of a water lease; and 

17 (ii) are consistent with this Act and 

18 the Compact. 

19 (3) REVIEW PROCESS.— 

20 (A) IN GENERAL.—Not later than 120 

21 days after the date on which Tribal water leas22 ing regulations under paragraph (1) are sub23 mitted to the Secretary, the Secretary shall re24 view and approve or disapprove the regulations. 


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1 (B) WRITTEN DOCUMENTATION.—If the 

2 Secretary disapproves the Tribal water leasing 

3 regulations described in subparagraph (A), the 

4 Secretary shall include written documentation 

5 with the disapproval notification that describes 

6 the basis for this disapproval. 

7 (C) EXTENSION.—The deadline described 

8 in subparagraph (A) may be extended by the 

9 Secretary, after consultation with the Fort 

10 Belknap Indian Community. 

11 (4) FEDERAL ENVIRONMENTAL REVIEW.—Not12 withstanding paragraphs (2) and (3), if the Fort 

13 Belknap Indian Community carries out a project or 

14 activity funded by a Federal agency, the Fort 

15 Belknap Indian Community— 

16 (A) shall have the authority to rely on the 

17 environmental review process of the applicable 

18 Federal agency; and 

19 (B) shall not be required to carry out a 

20 tribal environmental review process under this 

21 subsection. 

22 (5) DOCUMENTATION.—If the Fort Belknap In23 dian Community issues a lease pursuant to Tribal 

24 water leasing regulations under paragraph (1), the 

25 Fort Belknap Indian Community shall provide the 


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1 Secretary and the State a copy of the lease, includ2 ing any amendments or renewals to the lease. 

3 (6) LIMITATION OF LIABILITY.— 

4 (A) IN GENERAL.—The United States 

5 shall not be liable in any claim relating to the 

6 negotiation, execution, or approval of any lease 

7 or exchange agreement or storage agreement, 

8 including any claims relating to the terms in9 cluded in such an agreement, made pursuant to 

10 Tribal water leasing regulations under para11 graph (1). 

12 (B) OBLIGATIONS.—The United States 

13 shall have no trust obligation or other 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 or exchange agree18 ment or storage agreement; or 

19 (ii) the expenditure of those funds. 

20 (g) TRIBAL WATER CODE.— 

21 (1) IN GENERAL.—Notwithstanding Article 

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

23 the date on which the Fort Belknap Indian Commu24 nity approves the Compact in accordance with secVerDate Sep 11 2014 04:32 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H7240.IH H7240

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1 tion 11(f)(1), the Fort Belknap Indian Community 

2 shall enact a Tribal water code that provides for— 

3 (A) the administration, management, regu4 lation, and governance of all uses of the Tribal 

5 water rights in accordance with the Compact 

6 and this Act; and 

7 (B) the establishment by the Fort Belknap 

8 Indian Community of the conditions, permit re9 quirements, and other requirements for the allo10 cation, distribution, or use of the Tribal water 

11 rights in accordance with the Compact and this 

12 Act. 

13 (2) INCLUSIONS.—Subject to the approval of 

14 the Secretary, the Tribal water code shall provide— 

15 (A) that use of water by allottees shall be 

16 satisfied with water from the Tribal water 

17 rights; 

18 (B) a process by which an allottee may re19 quest that the Fort Belknap Indian Community 

20 provide water for irrigation use in accordance 

21 with this Act, including the provision of water 

22 under any allottee lease under section 4 of the 

23 Act of June 25, 1910 (36 Stat. 856, chapter 

24 431; 25 U.S.C. 403); 


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1 (C) a due process system for the consider2 ation and determination by the Fort Belknap 

3 Indian Community of any request of an allottee 

4 (or a successor in interest to an allottee) for an 

5 allocation of water for irrigation purposes on al6 lotted land, including a process for— 

7 (i) appeal and adjudication of any de8 nied or disputed distribution of water; and 

9 (ii) resolution of any contested admin10 istrative decision; 

11 (D) a requirement that any allottee assert12 ing a claim relating to the enforcement of rights 

13 of the allottee under the Tribal water code, in14 cluding to the quantity of water allocated to 

15 land of the allottee, shall exhaust all remedies 

16 available to the allottee under Tribal law before 

17 initiating an action against the United States 

18 or petitioning the Secretary pursuant to sub19 section (d)(4)(B); 

20 (E) a process by which an owner of fee 

21 land within the boundaries of the Reservation 

22 may apply for use of a portion of the Tribal 

23 water rights; and 

24 (F) a process for the establishment of a 

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1 agement of that area in cooperation with estab2 lishment of a contiguous controlled Ground3 water area off the Reservation established pur4 suant to Section B.2. of Article IV of the Com5 pact and State law. 

6 (3) ACTION BY SECRETARY.— 

7 (A) IN GENERAL.—During the period be8 ginning on the date of enactment of this Act 

9 and ending on the date on which a Tribal water 

10 code described in paragraphs (1) and (2) is en11 acted, the Secretary shall administer, with re12 spect to the rights of allottees, the Tribal water 

13 rights in accordance with the Compact and this 

14 Act. 

15 (B) APPROVAL.—The Tribal water code 

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

17 valid unless— 

18 (i) the provisions of the Tribal water 

19 code required by paragraph (2) are ap20 proved by the Secretary; and 

21 (ii) each amendment to the Tribal 

22 water code that affects a right of an allot23 tee is approved by the Secretary. 

24 (C) APPROVAL PERIOD.— 


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•HR 7240 IH

1 (i) IN GENERAL.—The Secretary shall 

2 approve or disapprove the Tribal water 

3 code or an amendment to the Tribal water 

4 code by not later than 180 days after the 

5 date on which the Tribal water code or 

6 amendment to the Tribal water code is 

7 submitted to the Secretary. 

8 (ii) EXTENSIONS.—The deadline de9 scribed in clause (i) may be extended by 

10 the Secretary, after consultation with the 

11 Fort Belknap Indian Community. 

12 (h) ADMINISTRATION.— 

13 (1) NO ALIENATION.—The Fort Belknap In14 dian Community shall not permanently alienate any 

15 portion of the Tribal water rights. 

16 (2) PURCHASES OR GRANTS OF LAND FROM IN17 DIANS.—An authorization provided by this Act for 

18 the allocation, distribution, leasing, or other ar19 rangement entered into pursuant to this Act shall be 

20 considered to satisfy any requirement for authoriza21 tion of the action required by Federal law. 

22 (3) PROHIBITION ON FORFEITURE.—The non23 use of all or any portion of the Tribal water rights 

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


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•HR 7240 IH

1 abandonment, relinquishment, or other loss of all or 

2 any portion of the Tribal water rights. 

3 (i) EFFECT.—Except as otherwise expressly provided 

4 in this section, nothing in this Act— 

5 (1) authorizes any action by an allottee against 

6 any individual or entity, or against the Fort Belknap 

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

8 local law; or 

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

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

11 United States Code. 

12 (j) PICK-SLOAN MISSOURI RIVER BASIN PROGRAM

13 POWER RATES.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, the Secretary, in cooperation with 

16 the Secretary of Energy, shall make available the 

17 Pick-Sloan Missouri River Basin Program irrigation 

18 project pumping power rates to the Fort Belknap 

19 Indian Community, the Fort Belknap Indian Irriga20 tion Project, and any projects funded under this Act. 

21 (2) AUTHORIZED PURPOSES.—The power rates 

22 made available under paragraph (1) shall be author23 ized for the purposes of wheeling, administration, 

24 and payment of irrigation project pumping power 

25 rates, including project use power for gravity power. 


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•HR 7240 IH

1 SEC. 6. EXCHANGE AND TRANSFER OF LAND. 

2 (a) EXCHANGE OF ELIGIBLE LAND AND STATE

3 LAND.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) ELIGIBLE LAND.—The term ‘‘eligible 

6 land’’ means— 

7 (i) public lands (as defined in section 

8 103 of the Federal Land Policy and Man9 agement Act of 1976 (43 U.S.C. 1702)) 

10 that are administered by the Secretary, 

11 acting through the Director of the Bureau 

12 of Land Management; and 

13 (ii) land in the National Forest Sys14 tem (as defined in section 11(a) of the 

15 Forest and Rangeland Resources Planning 

16 Act of 1974 (16 U.S.C. 1609(a)) that is 

17 administered by the Secretary of Agri18 culture, acting through the Chief of the 

19 Forest Service. 

20 (B) SECRETARY CONCERNED.—The term 

21 ‘‘Secretary concerned’’ means, as applicable— 

22 (i) the Secretary, with respect to the 

23 eligible land administered by the Bureau of 

24 Land Management; and 


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•HR 7240 IH

1 (ii) the Secretary of Agriculture, with 

2 respect to eligible land managed by the 

3 Forest Service. 

4 (2) NEGOTIATIONS AUTHORIZED.— 

5 (A) IN GENERAL.—The Secretary con6 cerned shall offer to enter into negotiations 

7 with the State for the purpose of exchanging el8 igible land described in paragraph (4) for the 

9 State land described in paragraph (3). 

10 (B) REQUIREMENTS.—Any exchange of 

11 land made pursuant to this subsection shall be 

12 subject to the terms and conditions of this sub13 section. 

14 (C) PRIORITY.— 

15 (i) IN GENERAL.—In carrying out this 

16 paragraph, the Secretary and the Sec17 retary of Agriculture shall, during the 5- 

18 year period beginning on the date of enact19 ment of this Act, give priority to an ex20 change of eligible land located within the 

21 State for State land. 

22 (ii) SECRETARY OF AGRICULTURE.— 

23 The responsibility of the Secretary of Agri24 culture under clause (i), during the 5-year 

25 period described in that clause, shall be 


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•HR 7240 IH

1 limited to negotiating with the State an ac2 ceptable package of land in the National 

3 Forest System (as defined in section 11(a) 

4 of the Forest and Rangeland Resources 

5 Planning Act of 1974 (16 U.S.C. 

6 1609(a))). 

7 (3) STATE LAND.—The Secretary is authorized 

8 to accept the following parcels of State land located 

9 on and off the Reservation: 

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

11 sec. 16. 

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

13 sec. 16. 

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

15 36. 

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

17 16. 

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

19 36. 

20 (F) 640 acres in T. 26 N., R. 26 E., sec. 

21 16. 

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

23 36. 

24 (H) 640 acres in T. 27 N., R. 23 E., sec. 

25 16. 


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•HR 7240 IH

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

2 36. 

3 (J) 640 acres in T. 28 N., R. 22 E., sec. 

4 36. 

5 (K) 640 acres in T. 28 N., R. 23 E., sec. 

6 16. 

7 (L) 640 acres in T. 28 N., R. 24 E., sec. 

8 36. 

9 (M) 640 acres in T. 28 N., R. 25 E., sec. 

10 16. 

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

12 36. 

13 (O) 640 acres in T. 28 N., R. 26 E., sec. 

14 16. 

15 (P) 94.96 acres in T. 28 N., R. 26 E., sec. 

16 36, under lease by the Fort Belknap Indian 

17 Community Council on the date of enactment of 

18 this Act, comprised of— 

19 (i) 30.68 acres in lot 5; 

20 (ii) 26.06 acres in lot 6; 

21 (iii) 21.42 acres in lot 7; and 

22 (iv) 16.8 acres in lot 8. 

23 (Q) 652.32 acres in T. 29 N., R. 22 E., 

24 sec. 16, excluding the 73.36 acres under lease 

25 by individuals who are not members of the Fort 


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•HR 7240 IH

1 Belknap Indian Community, on the date of en2 actment of this Act. 

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

4 36. 

5 (S) 640 acres in T. 29 N., R. 23 E., sec. 

6 16. 

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

8 16. 

9 (U) 640 acres in T. 29 N., R. 24 E., sec. 

10 36. 

11 (V) 640 acres in T. 29 N., R. 25 E., sec. 

12 16. 

13 (W) 640 acres in T. 29 N., R. 25 E., sec. 

14 36. 

15 (X) 640 acres in T. 29 N., R. 26 E., sec. 

16 16. 

17 (Y) 663.22 acres in T. 30 N., R. 22 E., 

18 sec. 16, excluding the 58.72 acres under lease 

19 by individuals who are not members of the Fort 

20 Belknap Indian Community on the date of en21 actment of this Act. 

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

23 36. 

24 (AA) 640 acres in T. 30 N., R. 23 E., sec. 

25 16. 


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•HR 7240 IH

1 (BB) 640 acres in T. 30 N., R. 23 E., sec. 

2 36. 

3 (CC) 640 acres in T. 30 N., R. 24 E., sec. 

4 16. 

5 (DD) 640 acres in T. 30 N., R. 24 E., sec. 

6 36. 

7 (EE) 640 acres in T. 30 N., R. 25 E., sec. 

8 16. 

9 (FF) 275.88 acres in T. 30 N., R. 26 E., 

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

11 Community Council on the date of enactment of 

12 this Act. 

13 (GG) 640 acres in T. 31 N., R. 22 E., sec. 

14 36. 

15 (HH) 640 acres in T. 31 N., R. 23 E., sec. 

16 16. 

17 (II) 640 acres in T. 31 N., R. 23 E., sec. 

18 36. 

19 (JJ) 34.04 acres in T. 31 N., R. 26 E., 

20 sec. 16, lot 4. 

21 (KK) 640 acres in T. 25 N., R. 22 E., sec. 

22 16. 

23 (4) ELIGIBLE LAND.— 

24 (A) IN GENERAL.—Subject to valid exist25 ing rights, the reservation of easements or 


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•HR 7240 IH

1 rights-of-way deemed necessary to be retained 

2 by the Secretary concerned, and the require3 ments of this subsection, the Secretary is au4 thorized and directed to convey to the State any 

5 eligible land within the State identified in the 

6 negotiations authorized by paragraph (2) and 

7 agreed to by the Secretary concerned. 

8 (B) EXCEPTIONS.—The Secretary con9 cerned shall exclude from any conveyance any 

10 parcel of eligible land that is— 

11 (i) included within the National Land12 scape Conservation System established by 

13 section 2002(a) of the Omnibus Public 

14 Land Management Act of 2009 (16 U.S.C. 

15 7202(a)), without regard to whether that 

16 land has been identified as available for 

17 disposal in a land use plan; 

18 (ii) designated as wilderness by Con19 gress; 

20 (iii) within a component of the Na21 tional Wild and Scenic Rivers System; or 

22 (iv) designated in the Forest Land 

23 and Resource Management Plan as a Re24 search Natural Area. 


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•HR 7240 IH

1 (C) ADMINISTRATIVE RESPONSIBILITY.— 

2 The Secretary shall be responsible for meeting 

3 all substantive and any procedural requirements 

4 necessary to complete the exchange and the 

5 conveyance of the eligible land. 

6 (5) LAND INTO TRUST.—On completion of the 

7 land exchange authorized by this subsection, the 

8 Secretary shall, as soon as practicable after the en9 forceability date, take the land received by the 

10 United States pursuant to this subsection into trust 

11 for the benefit of the Fort Belknap Indian Commu12 nity. 

13 (6) TERMS AND CONDITIONS.— 

14 (A) EQUAL VALUE.—The values of the eli15 gible land and State land exchanged under this 

16 subsection shall be equal, except that the Sec17 retary concerned may— 

18 (i) exchange land that is of approxi19 mately equal value if such an exchange 

20 complies with the requirements of section 

21 206(h) of the Federal Land Policy and 

22 Management Act of 1976 (43 U.S.C. 

23 1716(h)) (and any regulations imple24 menting that section) without regard to 


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•HR 7240 IH

1 the monetary limitation described in para2 graph (1)(A) of that section; and 

3 (ii) make or accept an equalization 

4 payment, or waive an equalization pay5 ment, if such a payment or waiver of a 

6 payment complies with the requirements of 

7 section 206(b) of that Act (43 U.S.C. 

8 1716(b)) (and any regulations imple9 menting that section). 

10 (B) IMPACTS ON LOCAL GOVERNMENTS.— 

11 In identifying eligible land to be exchanged with 

12 the State, the Secretary concerned and the 

13 State may— 

14 (i) consider the financial impacts of 

15 exchanging specific eligible land on local 

16 governments; and 

17 (ii) attempt to minimize the financial 

18 impact of the exchange on local govern19 ments. 

20 (C) EXISTING AUTHORIZATIONS.— 

21 (i) ELIGIBLE LAND CONVEYED TO

22 THE STATE.— 

23 (I) IN GENERAL.—Any eligible 

24 land conveyed to the State under this 

25 subsection shall be subject to any 


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•HR 7240 IH

1 valid existing rights, contracts, leases, 

2 permits, and rights-of-way, unless the 

3 holder of the right, contract, lease, 

4 permit, or right-of-way requests an 

5 earlier termination in accordance with 

6 existing law. 

7 (II) ASSUMPTION BY STATE.— 

8 The State shall assume all benefits 

9 and obligations of the Forest Service 

10 or the Bureau of Land Management, 

11 as applicable, under the existing 

12 rights, contracts, leases, permits, and 

13 rights-of-way described in subclause 

14 (I). 

15 (ii) STATE LAND CONVEYED TO THE

16 UNITED STATES.— 

17 (I) IN GENERAL.—Any State 

18 land conveyed to the United States 

19 under this subsection and taken into 

20 trust for the benefit of the Fort 

21 Belknap Indian Community subject 

22 shall be to any valid existing rights, 

23 contracts, leases, permits, and rights24 of-way, unless the holder of the right, 

25 contract, lease, permit, or right-of-way 


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•HR 7240 IH

1 requests an earlier termination in ac2 cordance with existing law. 

3 (II) ASSUMPTION BY BUREAU OF

4 INDIAN AFFAIRS.—The Bureau of In5 dian Affairs shall— 

6 (aa) assume all benefits and 

7 obligations of the State under the 

8 existing rights, contracts, leases, 

9 permits, and rights-of-way de10 scribed in subclause (I); and 

11 (bb) disburse to the Fort 

12 Belknap Indian Community any 

13 amounts that accrue to the 

14 United States from those rights, 

15 contracts, leases, permits, and 

16 rights-of-way, after the date of 

17 transfer from any sale, bonus, 

18 royalty, or rental relating to that 

19 land in the same manner as 

20 amounts received from other land 

21 held by the Secretary in trust for 

22 the benefit of the Fort Belknap 

23 Indian Community. 

24 (D) PERSONAL PROPERTY.— 


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•HR 7240 IH

1 (i) IN GENERAL.—Any improvements 

2 constituting personal property, as defined 

3 by State law, belonging to the holder of a 

4 right, contract, lease, permit, or right-of5 way on land transferred to the United 

6 States under this subsection shall— 

7 (I) remain the property of the 

8 holder; and 

9 (II) be removed not later than 90 

10 days after the date on which the 

11 right, contract, lease, permit, or right12 of-way expires, unless the Fort 

13 Belknap Indian Community and the 

14 holder agree otherwise. 

15 (ii) REMAINING PROPERTY.—Any per16 sonal property described in clause (i) re17 maining with the holder described in that 

18 clause beyond the 90-day period described 

19 in subclause (II) of that clause shall— 

20 (I) become the property of the 

21 Fort Belknap Indian Community; and 

22 (II) be subject to removal and 

23 disposition at the discretion of the 

24 Fort Belknap Indian Community. 


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•HR 7240 IH

1 (iii) LIABILITY OF PREVIOUS HOLD2 ER.—The holder of personal property de3 scribed in clause (i) shall be liable for costs 

4 incurred by the Fort Belknap Indian Com5 munity in removing and disposing of the 

6 personal property under clause (ii)(II). 

7 (7) TECHNICAL CORRECTIONS.—Notwith8 standing the descriptions of the parcels of land 

9 owned by the State under paragraph (3), the State 

10 may, with the consent of the Fort Belknap Indian 

11 Community, make technical corrections to the legal 

12 land descriptions to more specifically identify the 

13 State parcels to be exchanged. 

14 (8) ASSISTANCE.—The Secretary shall provide 

15 $10,000,000 of financial or other assistance to the 

16 State and the Fort Belknap Indian Community as 

17 may be necessary to obtain the appraisals, and to 

18 satisfy administrative requirements, necessary to ac19 complish the exchanges under paragraph (2). 

20 (b) FEDERAL LAND TRANSFERS.— 

21 (1) IN GENERAL.—Subject to valid existing 

22 rights and the requirements of this subsection, all 

23 right, title, and interest of the United States in and 

24 to the land described in paragraph (2) shall be held 

25 by the United States in trust for the benefit of the 


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•HR 7240 IH

1 Fort Belknap Indian Community as part of the Res2 ervation on the enforceability date. 

3 (2) FEDERAL LAND.— 

4 (A) BUREAU OF LAND MANAGEMENT PAR5 CELS.— 

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

7 sec. 4, comprised of— 

8 (I) 19.55 acres in lot 10; 

9 (II) 19.82 acres in lot 11; and 

10 (III) 20.09 acres in lot 16. 

(ii) 324.24 acres in the N1 11 ⁄2 of T. 25 

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

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

14 E., sec. 9, comprised of— 

15 (I) 20.39 acres in lot 2; 

16 (II) 20.72 acres in lot 7; 

17 (III) 21.06 acres in lot 8; 

18 (IV) 40.00 acres in lot 9; 

19 (V) 40.00 acres in lot 10; 

20 (VI) 40.00 acres in lot 11; 

21 (VII) 40.00 acres in lot 12; 

22 (VIII) 21.39 acres in lot 13; and 

(IX) 160 acres in SW1 23 ⁄4. 

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

25 E., sec. 13, comprised of— 


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•HR 7240 IH

1 (I) 18.06 acres in lot 5; 

2 (II) 18.25 acres in lot 6; 

3 (III) 18.44 acres in lot 7; and 

4 (IV) 15.88 acres in lot 8. 

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

6 sec. 14, comprised of— 

7 (I) 17.65 acres in lot 5; 

8 (II) 17.73 acres in lot 6; 

9 (III) 17.83 acres in lot 7; and 

10 (IV) 17.91 acres in lot 8. 

11 (vi) 103.29 acres in T. 25 N., R. 22 

12 E., sec. 15, comprised of— 

13 (I) 21.56 acres in lot 6; 

14 (II) 29.50 acres in lot 7; 

15 (III) 17.28 acres in lot 8; 

16 (IV) 17.41 acres in lot 9; and 

17 (V) 17.54 acres in lot 10. 

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

19 sec. 1, comprised of— 

(I) 80 acres in the S1 20 ⁄2 of the 

NW1 21 ⁄4 ; and 

(II) 80 acres in the W1 22 ⁄2 of the 

SW1 23 ⁄4. 

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

25 E., sec. 2, comprised of— 


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•HR 7240 IH

(I) 82.54 acres in the E1 1 ⁄2 of the 

NW1 2 ⁄4; 

(II) 164.96 acres in the NE1 3 ⁄4; 

4 and 

(III) 320 acres in the S1 5 ⁄2. 

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

7 sec. 3, comprised of— 

(I) 40 acres in the SE1 8 ⁄4 of the 

NW1 9 ⁄4; 

(II) 160 acres in the SW1 10 ⁄4; and 

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

SE1 12 ⁄4. 

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

14 sec. 4, comprised of— 

(I) 80 acres in the E1 15 ⁄2 of the 

SE1 16 ⁄4; and 

(II) 40 acres in the NW1 17 ⁄4 of the 

SE1 18 ⁄4. 

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

20 sec. 5, comprised of— 

(I) 160 acres in the SW1 21 ⁄4; and 

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

NW1 23 ⁄4. 

(xii) 40 acres in the SE1 24 ⁄4 of the 

SE1 25 ⁄4 of T. 26 N., R. 21 E., sec. 6. 


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•HR 7240 IH

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

2 sec. 8, comprised of— 

(I) 40 acres in the NE1 3 ⁄4 of the 

SW1 4 ⁄4; 

(II) 160 acres in the NW1 5 ⁄4; and 

(III) 40 acres in the NW1 6 ⁄4 of 

the SE1 7 ⁄4. 

(xiv) 320 acres in the E1 8 ⁄2 of T. 26 

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

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

11 sec. 10. 

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

13 sec. 11, comprised of— 

(I) 320 acres in the N1 14 ⁄2; 

(II) 80 acres in the N1 15 ⁄2 of the 

SE1 16 ⁄4; 

(III) 160 acres in the SW1 17 ⁄4; and 

(IV) 40 acres in the SW1 18 ⁄4 of the 

SE1 19 ⁄4. 

20 (xvii) 525.81 acres in T. 26 N., R. 22 

21 E., sec. 21, comprised of— 

22 (I) 6.62 acres in lot 1; 

23 (II) 5.70 acres in lot 2; 

24 (III) 56.61 acres in lot 5; 

25 (IV) 56.88 acres in lot 6; 


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•HR 7240 IH

(V) 320 acres in the W1 1 ⁄2; and 

(VI) 80 acres in the W1 2 ⁄2 of the 

SE1 3 ⁄4. 

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

5 E., sec. 28. 

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

7 sec. 29, comprised of— 

(I) 320 acres in the N1 8 ⁄2; 

(II) 160 acres in the N1 9 ⁄2 of the 

S1 10 ⁄2; and 

(III) 80 acres in the S1 11 ⁄2 of the 

SE1 12 ⁄4. 

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

14 sec. 32, comprised of— 

(I) 320 acres in the S1 15 ⁄2; and 

(II) 80 acres in the S1 16 ⁄2 of the 

NW1 17 ⁄4. 

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

19 E., sec. 33, comprised of— 

20 (I) 58.25 acres in lot 3; 

21 (II) 58.5 acres in lot 4; 

22 (III) 58.76 acres in lot 5; 

(IV) 40 acres in the NW1 23 ⁄4 of the 

NE1 24 ⁄4; 

(V) 160 acres in the SW1 25 ⁄4; and 


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•HR 7240 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) 80 acres in T. 27 N., R. 21 E., 

10 sec. 3, comprised of— 

11 (I) 40 acres in lot 11; and 

12 (II) 40 acres in lot 12. 

13 (xxiv) 80 acres in T. 27 N., R. 21 E., 

14 sec. 11, comprised of— 

(I) 40 acres in the NW1 15 ⁄4 of the 

SW1 16 ⁄4; and 

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

NW1 18 ⁄4. 

19 (xxv) 200 acres in T. 27 N., R. 21 E., 

20 sec. 12, comprised of— 

(I) 80 acres in the E1 21 ⁄2 of the 

SW1 22 ⁄4; 

(II) 40 acres in the NW1 23 ⁄4 of the 

NW1 24 ⁄4; and 


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•HR 7240 IH

(III) 80 acres in the S1 1 ⁄2 of the 

NW1 2 ⁄4. 

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

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

5 (xxvii) 320 acres in T. 27 N., R. 21 

6 E., sec. 24, comprised of— 

(I) 80 acres in the E1 7 ⁄2 of the 

NW1 8 ⁄4; 

(II) 160 acres in the NE1 9 ⁄4; 

(III) 40 acres in the NE1 10 ⁄4 of the 

SE1 11 ⁄4; and 

(IV) 40 acres in the SW1 12 ⁄4 of the 

SW1 13 ⁄4. 

14 (xxviii) 120 acres in T. 27 N., R. 21 

15 E., sec. 25, comprised of— 

(I) 80 acres in the S1 16 ⁄2 of the 

NE1 17 ⁄4; and 

(II) 40 acres in the SE1 18 ⁄4 of the 

NW1 19 ⁄4. 

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

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

(xxx) 160 acres in the NW1 22 ⁄4 of T. 27 

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

(xxxi) 40 acres in the SW1 24 ⁄4 of the 

SW1 25 ⁄4 of T. 27 N., R. 21 E., sec. 29. 


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•HR 7240 IH

(xxxii) 40 acres in the SW1 1 ⁄4 of the 

NE1 2 ⁄4 of T. 27 N., R. 21 E., sec 30. 

3 (xxxiii) 120 acres in T. 27 N., R. 21 

4 E., sec. 33, comprised of— 

(I) 40 acres in the SE1 5 ⁄4 of the 

NE1 6 ⁄4; and 

(II) 80 acres in the N1 7 ⁄2 of the 

SE1 8 ⁄4. 

9 (xxxiv) 440 acres in T. 27 N., R. 21 

10 E., sec. 34, comprised of— 

(I) 160 acres in the N1 11 ⁄2 of the 

S1 12 ⁄2; 

(II) 160 acres in the NE1 13 ⁄4; 

(III) 80 acres in the S1 14 ⁄2 of the 

NW1 15 ⁄4; and 

(IV) 40 acres in the SE1 16 ⁄4 of the 

SE1 17 ⁄4. 

18 (xxxv) 133.44 acres in T. 27 N., R. 

19 22 E., sec. 4, comprised of— 

20 (I) 28.09 acres in lot 5; 

21 (II) 25.35 acres in lot 6; 

22 (III) 40 acres in lot 10; and 

23 (IV) 40 acres in lot 15. 

24 (xxxvi) 160 acres in T. 27 N., R. 22 

25 E., sec. 7, comprised of— 


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•HR 7240 IH

(I) 40 acres in the NE1 1 ⁄4 of the 

NE1 2 ⁄4; 

(II) 40 acres in the NW1 3 ⁄4 of the 

SW1 4 ⁄4; and 

(III) 80 acres in the W1 5 ⁄2 of the 

NW1 6 ⁄4. 

7 (xxxvii) 120 acres in T. 27 N., R. 22 

8 E., sec. 8, comprised of— 

(I) 80 acres in the E1 9 ⁄2 of the 

NW1 10 ⁄4; and 

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

SW1 12 ⁄4. 

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

NW1 14 ⁄4 of T. 27 N., R. 22 E., sec. 9. 

(xxxix) 40 acres in the NE1 15 ⁄4 of the 

SW1 16 ⁄4 of T. 27 N., R. 22 E., sec. 17. 

(xl) 40 acres in the NW1 17 ⁄4 of the 

NW1 18 ⁄4 of T. 27 N., R. 22 E., sec. 19. 

(xli) 40 acres in the SE1 19 ⁄4 of the 

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

(xlii) 80 acres in the W1⁄2 of the SE1 21 ⁄4

22 of T. 27 N., R. 22 E., sec. 31. 

(xliii) 52.36 acres in the SE1 23 ⁄4 of the 

SE1 24 ⁄4 of T. 27 N., R. 22 E., sec. 33. 


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

SW1 2 ⁄4 of T. 28 N., R. 22 E., sec. 29. 

(xlv) 40 acres in the NE1 3 ⁄4 of the 

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

(xlvi) 40 acres in the SW1 5 ⁄4 of the 

NW1 6 ⁄4 of T. 26 N., R. 21 E., sec. 12. 

(xlvii) 42.38 acres in the NW1 7 ⁄4 of the 

NE1 8 ⁄4 of T. 26 N., R. 22 E., sec. 6. 

(xlviii) 320 acres in the E1 9 ⁄2 of T. 26 

10 N., R. 22 E., sec. 17. 

(xlix) 80 acres in the E1 11 ⁄2 of the 

NE1 12 ⁄4 of T. 26 N., R. 22 E., sec. 20. 

13 (l) 240 acres in T. 26 N., R. 22 E., 

14 sec. 30, comprised of— 

(I) 80 acres in the E1 15 ⁄2 of the 

NE1 16 ⁄4; 

(II) 80 acres in the N1 17 ⁄2 of the 

SE1 18 ⁄4; 

(III) 40 acres in the SE1 19 ⁄4 of the 

NW1 20 ⁄4; and 

(IV) 40 acres in the SW1 21 ⁄4 of the 

NE1 22 ⁄4. 

23 (B) BUREAU OF INDIAN AFFAIRS.—The 

24 parcels of approximately 3,519.3 acres of trust 

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•HR 7240 IH

1 cially foreclosed on, acquired by the Depart2 ment of Agriculture, and transferred to the Bu3 reau of Indian Affairs, described in clauses (i) 

4 through (iii). 

5 (i) PARCEL 1.—The land described in 

6 this clause is 640 acres in T. 29 N., R. 26 

7 E., comprised of— 

(I) 160 acres in the SW1 8 ⁄4 of sec. 

9 27; 

(II) 160 acres in the NE1 10 ⁄4 of 

11 sec. 33; and 

(III) 320 acres in the W1 12 ⁄2 of 

13 sec. 34. 

14 (ii) PARCEL 2.—The land described in 

this clause is 320 acres in the N1 15 ⁄2 of T. 

16 30 N., R. 23 E., sec. 28. 

17 (iii) PARCEL 3.—The land described 

18 in this clause is 2,559.3 acres, comprised 

19 of— 

20 (I) T. 28 N., R. 24 E., includ21 ing— 

22 (aa) of sec. 16— 

23 (AA) 5 acres in the 

E1⁄2, W1⁄2, E1⁄2, W1⁄2, W1 24 ⁄2, 

NE1 25 ⁄4; 


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1 (BB) 10 acres in the 

E1⁄2 , E1⁄2, W1⁄2, W1 2 ⁄2, 

NE1 3 ⁄4; 

4 (CC) 40 acres in the 

E1⁄2, W1⁄2, NE1 5 ⁄4; 

6 (DD) 40 acres in the 

W1⁄2, E1⁄2, NE1 7 ⁄4; 

8 (EE) 20 acres in the 

W1⁄2, E1⁄2, E1⁄2, NE1 9 ⁄4; 

10 (FF) 5 acres in the 

W1⁄2, W1⁄2, E1⁄2, E1⁄2, E1 11 ⁄2, 

NE1 12 ⁄4; and 

13 (GG) 160 acres in the 

SE1 14 ⁄4; 

15 (bb) 640 acres in sec. 21; 

(cc) 320 acres in the S1 16 ⁄2 of 

17 sec. 22; and 

(dd) 320 acres in the W1 18 ⁄2

19 of sec. 27; 

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

21 including— 

(aa) 320 acres in the S1 22 ⁄2 of 

23 sec. 1; and 

(bb) 320 acres in the N1 24 ⁄2 of 

25 sec. 12; 


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

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

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

4 including— 

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

6 2; 

(bb) 40 acres in the SW1 7 ⁄4

of the SW1 8 ⁄4 of sec. 4; 

(cc) 80 acres in the E1 9 ⁄2 of 

the SE1 10 ⁄4 of sec. 5; 

(dd) 80 acres in the S1 11 ⁄2 of 

the SE1 12 ⁄4 of sec. 7; and 

(ee) 40 acres in the N1 13 ⁄2, 

N1⁄2, NE1 14 ⁄4 of sec. 18; and 

15 (V) 40 acres in T. 31 N., R. 26 

E., PMM, the NW1⁄4 of the SE1 16 ⁄4 of 

17 sec. 31. 

18 (3) TERMS AND CONDITIONS.— 

19 (A) EXISTING AUTHORIZATIONS.— 

20 (i) IN GENERAL.—Federal land trans21 ferred under this subsection shall be con22 veyed and taken into trust subject to valid 

23 existing rights, contracts, leases, permits, 

24 and rights-of-way, unless the holder of the 

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1 of-way requests an earlier termination in 

2 accordance with existing law. 

3 (ii) ASSUMPTION BY BUREAU OF IN4 DIAN AFFAIRS.—The Bureau of Indian Af5 fairs shall— 

6 (I) assume all benefits and obli7 gations of the previous land manage8 ment agency under the existing rights, 

9 contracts, leases, permits, and rights10 of-way described in clause (i); and 

11 (II) disburse to the Fort Belknap 

12 Indian Community any amounts that 

13 accrue to the United States from 

14 those rights, contracts, leases, per15 mits, and rights-of-ways after the date 

16 of transfer from any sale, bonus, roy17 alty, or rental relating to that land in 

18 the same manner as amounts received 

19 from other land held by the Secretary 

20 in trust for the Fort Belknap Indian 

21 Community. 

22 (B) PERSONAL PROPERTY.— 

23 (i) IN GENERAL.—Any improvements 

24 constituting personal property, as defined 

25 by State law, belonging to the holder of a 


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1 right, contract, lease, permit, or right-of2 way on land transferred under this sub3 section shall— 

4 (I) remain the property of the 

5 holder; and 

6 (II) be removed from the land 

7 not later than 90 days after the date 

8 on which the right, contract, lease, 

9 permit, or right-of-way expires, unless 

10 the Fort Belknap Indian Community 

11 and the holder agree otherwise. 

12 (ii) REMAINING PROPERTY.—Any per13 sonal property described in clause (i) re14 maining with the holder described in that 

15 clause beyond the 90-day period described 

16 in subclause (II) of that clause shall— 

17 (I) become the property of the 

18 Fort Belknap Indian Community; and 

19 (II) be subject to removal and 

20 disposition at the discretion of the 

21 Fort Belknap Indian Community. 

22 (iii) LIABILITY OF PREVIOUS HOLD23 ER.—The holder of personal property de24 scribed in clause (i) shall be liable to the 

25 Fort Belknap Indian Community for costs 


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•HR 7240 IH

1 incurred by the Fort Belknap Indian Com2 munity in removing and disposing of the 

3 property under clause (ii)(II). 

4 (C) EXISTING ROADS.—If any road within 

5 the Federal land transferred under this sub6 section is necessary for customary access to pri7 vate land, the Bureau of Indian Affairs shall 

8 offer the owner of the private land to apply for 

9 a right-of-way along the existing road, at the 

10 expense of the landowner. 

11 (D) LIMITATION ON THE TRANSFER OF

12 WATER RIGHTS.—Water rights that transfer 

13 with the land described in paragraph (2) shall 

14 not become part of the Tribal water rights, un15 less those rights are recognized and ratified in 

16 the Compact. 

17 (4) WITHDRAWAL OF FEDERAL LAND.— 

18 (A) IN GENERAL.—Subject to valid exist19 ing rights, effective on the date of enactment of 

20 this Act, all Federal land within the parcels de21 scribed in paragraph (2) is withdrawn from all 

22 forms of— 

23 (i) entry, appropriation, or disposal 

24 under the public land laws; 


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1 (ii) location, entry, and patent under 

2 the mining laws; and 

3 (iii) disposition under all laws per4 taining to mineral and geothermal leasing 

5 or mineral materials. 

6 (B) EXPIRATION.—The withdrawals pursu7 ant to subparagraph (A) shall terminate on the 

8 date that the Secretary takes the land into 

9 trust for the benefit of the Fort Belknap Indian 

10 Community pursuant to paragraph (1). 

11 (C) NO NEW RESERVATION OF FEDERAL

12 WATER RIGHTS.—Nothing in this paragraph es13 tablishes a new reservation in favor of the 

14 United States or the Fort Belknap Indian Com15 munity with respect to any water or water right 

16 on the land withdrawn by this paragraph. 

17 (5) TECHNICAL CORRECTIONS.—Notwith18 standing the descriptions of the parcels of Federal 

19 land in paragraph (2), the United States may, with 

20 the consent of the Fort Belknap Indian Community, 

21 make technical corrections to the legal land descrip22 tions to more specifically identify the parcels. 

23 (6) SURVEY.— 

24 (A) IN GENERAL.—Unless the United 

25 States or the Fort Belknap Indian Community 


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1 request an additional survey for the transferred 

2 land or a technical correction is made under 

3 paragraph (5), the description of land under 

4 this subsection shall be controlling. 

5 (B) ADDITIONAL SURVEY.—If the United 

6 States or the Fort Belknap Indian Community 

7 requests an additional survey, that survey shall 

8 control the total acreage to be transferred into 

9 trust under this subsection. 

10 (C) ASSISTANCE.—The Secretary shall 

11 provide such financial or other assistance as 

12 may be necessary— 

13 (i) to conduct additional surveys 

14 under this subsection; and 

15 (ii) to satisfy administrative require16 ments necessary to accomplish the land 

17 transfers under this subsection. 

18 (7) DATE OF TRANSFER.—The Secretary shall 

19 complete all land transfers under this subsection and 

20 shall take the land into trust for the benefit of the 

21 Fort Belknap Indian Community as expeditiously as 

22 practicable after the enforceability date, but not 

23 later than 10 years after the enforceability date. 

24 (c) TRIBALLY OWNED FEE LAND.—Not later than 

25 10 years after the enforceability date, the Secretary shall 


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1 take into trust for the benefit of the Fort Belknap Indian 

2 Community all fee land owned by the Fort Belknap Indian 

3 Community on or adjacent to the Reservation to become 

4 part of the Reservation, provided that— 

5 (1) the land is free from any liens, encum6 brances, or other infirmities; and 

7 (2) no evidence exists of any hazardous sub8 stances on, or other environmental liability with re9 spect to, the land. 

10 (d) DODSON LAND.— 

11 (1) IN GENERAL.—Subject to paragraph (2), as 

12 soon as practicable after the enforceability date, but 

13 not later than 10 years after the enforceability date, 

14 the Dodson Land described in paragraph (3) shall 

15 be taken into trust by the United States for the ben16 efit of the Fort Belknap Indian Community as part 

17 of the Reservation. 

18 (2) RESTRICTIONS.—The land taken into trust 

19 under paragraph (1) shall be subject to a perpetual 

20 easement, reserved by the United States for use by 

21 the Bureau of Reclamation, its contractors, and its 

22 assigns for— 

23 (A) the right of ingress and egress for 

24 Milk River Project purposes; 

25 (B) the right to— 


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1 (i) seep, flood, and overflow the trans2 ferred land for Milk River Project pur3 poses; 

4 (ii) conduct routine and non-routine 

5 operation, maintenance, and replacement 

6 activities on the Milk River Project facili7 ties, including modification to the 

8 headworks at the upstream end of the 

9 Dodson South Canal in support of Dodson 

10 South Canal enlargement, to include all as11 sociated access, construction, and material 

12 storage necessary to complete those activi13 ties; and 

14 (iii) prohibit the construction of per15 manent structures on the transferred land, 

16 except— 

17 (I) as provided in the cooperative 

18 agreement under paragraph (4); and 

19 (II) to meet the requirements of 

20 the Milk River Project. 

21 (3) DESCRIPTION OF DODSON LAND.— 

22 (A) IN GENERAL.—The Dodson Land re23 ferred to in paragraphs (1) and (2) is the ap24 proximately 2,500 acres of land owned by the 

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1 ment of this Act, under the jurisdiction of the 

2 Bureau of Reclamation and located at the 

3 northeastern corner of the Reservation (which 

4 extends to the point in the middle of the main 

5 channel of the Milk River), where the Milk 

6 River Project facilities, including the Dodson 

7 Diversion Dam, headworks to the Dodson 

8 South Canal, and Dodson South Canal, are lo9 cated, and more particularly described as fol10 lows: 

11 (i) Supplemental Plat of T. 30 N., R. 

12 26 E., PMM, secs. 1 and 2. 

13 (ii) Supplemental Plat of T. 31 N., R. 

14 25 E., PMM, sec. 13. 

15 (iii) Supplemental Plat of T. 31 N., 

16 R. 26 E., PMM, secs. 18, 19, 20, and 29. 

17 (iv) Supplemental Plat of T. 31 N., R. 

18 26 E., PMM, secs. 26, 27, 35, and 36. 

19 (B) CLARIFICATION.—The supplemental 

20 plats described in clauses (i) through (iv) of 

21 subparagraph (A) are official plats, as docu22 mented by retracement boundary surveys of the 

23 General Land Office, approved on March 11, 

24 1938, and on record at the Bureau of Land 

25 Management. 


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1 (C) TECHNICAL CORRECTIONS.—Notwith2 standing the descriptions of the parcels of Fed3 eral land in subparagraph (A), the United 

4 States may, with the consent of the Fort 

5 Belknap Indian Community, make technical 

6 corrections to the legal land descriptions to 

7 more specifically identify the parcels to be 

8 transferred. 

9 (4) COOPERATIVE AGREEMENT.—Not later 

10 than 3 years after the enforceability date, the Bu11 reau of Reclamation, the Malta Irrigation District, 

12 the Bureau of Indian Affairs, and the Fort Belknap 

13 Indian Community shall negotiate and enter into a 

14 cooperative agreement that identifies the uses to 

15 which the Fort Belknap Indian Community may put 

16 the land described in paragraph (3), provided that 

17 the cooperative agreement may be amended by mu18 tual agreement of the Fort Belknap Indian Commu19 nity, Bureau of Reclamation, the Malta Irrigation 

20 District, and the Bureau of Indian Affairs, including 

21 to modify the perpetual easement to narrow the 

22 boundaries of the easement or to terminate the per23 petual easement and cooperative agreement. 


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1 (e) LAND STATUS.—All land held in trust by the 

2 United States for the benefit of the Fort Belknap Indian 

3 Community under this section shall be— 

4 (1) beneficially owned by the Fort Belknap In5 dian Community; and 

6 (2) part of the Reservation and administered in 

7 accordance with the laws and regulations generally 

8 applicable to land held in trust by the United States 

9 for the benefit of an Indian Tribe. 

10 SEC. 7. STORAGE ALLOCATION FROM LAKE ELWELL. 

11 (a) STORAGE ALLOCATION OF WATER TO FORT

12 BELKNAP INDIAN COMMUNITY.—The Secretary shall allo13 cate to the Fort Belknap Indian Community 20,000 acre14 feet per year of water stored in Lake Elwell for use by 

15 the Fort Belknap Indian Community for any beneficial 

16 purpose on or off the Reservation, under a water right 

17 held by the United States and managed by the Bureau 

18 of Reclamation for the benefit of the Fort Belknap Indian 

19 Community, as measured and diverted at the outlet works 

20 of the Tiber Dam or through direct pumping from Lake 

21 Elwell. 

22 (b) TREATMENT.— 

23 (1) IN GENERAL.—The allocation to the Fort 

24 Belknap Indian Community under subsection (a) 


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1 shall be considered to be part of the Tribal water 

2 rights. 

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

4 allocation to the Fort Belknap Indian Community 

5 under subsection (a) shall be the priority date of the 

6 Lake Elwell water right held by the Bureau of Rec7 lamation. 

8 (3) ADMINISTRATION.—The Fort Belknap In9 dian Community shall administer the water allocated 

10 under subsection (a) in accordance with the Com11 pact and this Act. 

12 (c) ALLOCATION AGREEMENT.— 

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

14 the allocation under this section, the Fort Belknap 

15 Indian Community shall enter into an agreement 

16 with the Secretary to establish the terms and condi17 tions of the allocation, in accordance with the Com18 pact and this Act. 

19 (2) INCLUSIONS.—The agreement under para20 graph (1) shall include provisions establishing that— 

21 (A) the agreement shall be without limit as 

22 to term; 

23 (B) the Fort Belknap Indian Community, 

24 and not the United States, shall be entitled to 

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1 dian Community under any lease, contract, ex2 change, or agreement entered into by the Fort 

3 Belknap Indian Community pursuant to sub4 section (d); 

5 (C) the United States shall have no obliga6 tion to monitor, administer, or account for— 

7 (i) any funds received by the Fort 

8 Belknap Indian Community as consider9 ation under any lease, contract, exchange, 

10 or agreement entered into by the Fort 

11 Belknap Indian Community pursuant to 

12 subsection (d); or 

13 (ii) the expenditure of those funds; 

14 (D) if the capacity or function of Lake 

15 Elwell facilities are significantly reduced, or are 

16 anticipated to be significantly reduced, for an 

17 extended period of time, the Fort Belknap In18 dian Community shall have the same storage 

19 rights as other storage contractors with respect 

20 to the allocation under this section; 

21 (E) the costs associated with the construc22 tion of the storage facilities at Tiber Dam allo23 cable to the Fort Belknap Indian Community 

24 shall be nonreimbursable; 


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1 (F) no water service capital charge shall be 

2 due or payable for any water allocated to the 

3 Fort Belknap Indian Community under this 

4 section or the allocation agreement, regardless 

5 of whether that water is delivered for use by the 

6 Fort Belknap Indian Community or under a 

7 lease, contract, exchange, or by agreement en8 tered into by the Fort Belknap Indian Commu9 nity pursuant to subsection (d); 

10 (G) the Fort Belknap Indian Community 

11 shall not be required to make payments to the 

12 United States for any water allocated to the 

13 Fort Belknap Indian Community under this 

14 section or the allocation agreement, except for 

15 each acre-foot of stored water leased or trans16 ferred for industrial purposes as described in 

17 subparagraph (H); and 

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

19 leased or transferred by the Fort Belknap In20 dian Community for industrial purposes— 

21 (i) the Fort Belknap Indian Commu22 nity shall pay annually to the United 

23 States an amount necessary to cover the 

24 proportional share of the annual oper25 ations, maintenance, and replacement costs 


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•HR 7240 IH

1 allocable to the quantity of water leased or 

2 transferred by the Fort Belknap Indian 

3 Community for industrial purposes; and 

4 (ii) the annual payments of the Fort 

5 Belknap Indian Community shall be re6 viewed and adjusted, as appropriate, to re7 flect the actual operations, maintenance, 

8 and replacement costs for Tiber Dam. 

9 (d) AGREEMENT BY FORT BELKNAP INDIAN COMMU10 NITY.—The Fort Belknap Indian Community may use, 

11 lease, contract, exchange, or enter into other agreements 

12 for the use of the water allocated to the Fort Belknap 

13 Indian Community under subsection (a) if— 

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

15 an agreement occurs within the Missouri River 

16 Basin; and 

17 (2) the agreement does not permanently alien18 ate any water allocated to the Fort Belknap Indian 

19 Community under that subsection. 

20 (e) EFFECTIVE DATE.—The allocation under sub21 section (a) takes effect on the enforceability date. 

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

23 subsection (a) shall not be increased by any year-to-year 

24 carryover storage. 


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1 (g) DEVELOPMENT AND DELIVERY COSTS.—The 

2 United States shall not be required to pay the cost of de3 veloping or delivering any water allocated under this sec4 tion. 

5 SEC. 8. MILK RIVER PROJECT MITIGATION. 

6 (a) IN GENERAL.—In complete satisfaction of the 

7 Milk River Project mitigation requirements provided for 

8 in Article VI.B. of the Compact, the Secretary, acting 

9 through the Commissioner— 

10 (1) in cooperation with the State and the 

11 Blackfeet Tribe, shall carry out appropriate activi12 ties concerning the restoration of the St. Mary 

13 Canal and associated facilities, including activities 

14 relating to the— 

15 (A) planning and design to restore the St. 

16 Mary Canal and appurtenances to convey 850 

17 cubic-feet per second; and 

18 (B) rehabilitating, constructing, and re19 pairing of the St. Mary Canal and appur20 tenances; and 

21 (2) in cooperation with the State and the Fort 

22 Belknap Indian Community, shall carry out appro23 priate activities concerning the enlargement of 

24 Dodson South Canal and associated facilities, includ25 ing activities relating to the— 


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1 (A) planning and design to enlarge Dodson 

2 South Canal and headworks at the upstream 

3 end of Dodson South Canal to divert and con4 vey 700 cubic-feet per second; and 

5 (B) rehabilitating, constructing, and en6 larging the Dodson South Canal and headworks 

7 at the upstream end of Dodson South Canal to 

8 divert and convey 700 cubic-feet per second. 

9 (b) FUNDING.—The total amount of obligations in10 curred by the Secretary, prior to any adjustments provided 

11 for in section 14(b), shall not exceed $300,000,000 to 

12 carry out activities described in subsection (c)(1). 

13 (c) SATISFACTION OF MITIGATION REQUIREMENT.— 

14 Notwithstanding any provision of the Compact, the miti15 gation required by Article VI.B. of the Compact shall be 

16 deemed satisfied if— 

17 (1) the Secretary has— 

18 (A) restored the St. Mary Canal and asso19 ciated facilities to convey 850 cubic-feet per sec20 ond; and 

21 (B) enlarged the Dodson South Canal and 

22 headworks at the upstream end of Dodson 

23 South Canal to divert and convey 700 cubic-feet 

24 per second; or 

25 (2) the Secretary— 


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1 (A) has expended all of the available fund2 ing provided pursuant to section 14(a)(1)(D) to 

3 rehabilitate the St. Mary Canal and enlarge the 

4 Dodson South Canal; and 

5 (B) despite diligent efforts, could not com6 plete the activities described in subsection (a). 

7 (d) NONREIMBURSABILITY OF COSTS.—The costs to 

8 the Secretary of carrying out this section shall be nonreim9 bursable. 

10 SEC. 9. FORT BELKNAP INDIAN IRRIGATION PROJECT SYS11 TEM. 

12 (a) IN GENERAL.—Subject to the availability of ap13 propriations, the Secretary shall rehabilitate, modernize, 

14 and expand the Fort Belknap Indian Irrigation Project, 

15 as generally described in the document of Natural Re16 sources Consulting Engineers, Inc., entitled ‘‘Fort 

17 Belknap Indian Community Comprehensive Water Devel18 opment Plan’’ and dated February 2019, which shall in19 clude— 

20 (1) planning, studies, and designing of the ex21 isting and expanded Milk River unit, including the 

22 irrigation system, Pumping Plant, delivery pipe and 

23 canal, Fort Belknap Dam and Reservoir, and Peo24 ples Creek Flood Protection Project; 


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1 (2) the rehabilitation, modernization, and con2 struction of the existing Milk River unit; and 

3 (3) construction of the expanded Milk River 

4 unit, including the irrigation system, Pumping 

5 Plant, delivery pipe and canal, Fort Belknap Dam 

6 and Reservoir, and Peoples Creek Flood Protection 

7 Project. 

8 (b) LEAD AGENCY.—The Bureau of Indian Affairs, 

9 in coordination with the Bureau of Reclamation, shall 

10 serve as the lead agency with respect to any activities car11 ried out under this section. 

12 (c) CONSULTATION WITH THE FORT BELKNAP IN13 DIAN COMMUNITY.—The Secretary shall consult with the 

14 Fort Belknap Indian Community on appropriate changes 

15 to the final design and costs of any activity under this 

16 section. 

17 (d) FUNDING.—The total amount of obligations in18 curred by the Secretary in carrying out this section, prior 

19 to any adjustment provided for in section 14(b), shall not 

20 exceed $415,832,153. 

21 (e) NONREIMBURSABILITY OF COSTS.—All costs in22 curred by the Secretary in carrying out this section shall 

23 be nonreimbursable. 

24 (f) ADMINISTRATION.—The Secretary and the Fort 

25 Belknap Indian Community shall negotiate the cost of any 


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1 oversight activity carried out by the Bureau of Indian Af2 fairs or the Bureau of Reclamation under any agreement 

3 entered into under subsection (j), subject to the condition 

4 that the total cost for the oversight shall not exceed 3 per5 cent of the total project costs for each project. 

6 (g) PROJECT MANAGEMENT COMMITTEE.—Not later 

7 than 1 year after the date of enactment of this Act, the 

8 Secretary shall facilitate the formation of a project man9 agement committee composed of representatives of the 

10 Bureau of Indian Affairs, the Bureau of Reclamation, and 

11 the Fort Belknap Indian Community— 

12 (1) to review and make recommendations relat13 ing to cost factors, budgets, and implementing the 

14 activities for rehabilitating, modernizing, and ex15 panding the Fort Belknap Indian Irrigation Project; 

16 and 

17 (2) to improve management of inherently gov18 ernmental activities through enhanced communica19 tion. 

20 (h) PROJECT EFFICIENCIES.—If the total cost of 

21 planning, studies, design, rehabilitation, modernization, 

22 and construction activities relating to the projects de23 scribed in subsection (a) results in cost savings and is less 

24 than the amounts authorized to be obligated, the Sec25 retary, at the request of the Fort Belknap Indian CommuVerDate Sep 11 2014 04:32 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H7240.IH H7240

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1 nity, shall deposit those savings in the Fort Belknap In2 dian Community Water Resources and Water Rights Ad3 ministration, Operation, and Maintenance Account estab4 lished under section 12(b)(2). 

5 (i) TREATMENT.—Any activities carried out pursuant 

6 to this section that result in improvements, additions, or 

7 modifications to the Fort Belknap Indian Irrigation 

8 Project shall— 

9 (1) become a part of the Fort Belknap Indian 

10 Irrigation Project; and 

11 (2) be recorded in the inventory of the Sec12 retary relating to the Fort Belknap Indian Irrigation 

13 Project. 

14 (j) APPLICABILITY OF ISDEAA.—At the request of 

15 the Fort Belknap Indian Community, and in accordance 

16 with the Indian Self-Determination and Education Assist17 ance Act (25 U.S.C. 5301 et seq.), the Secretary shall 

18 enter into agreements with the Fort Belknap Indian Com19 munity to carry out all or a portion of this section. 

20 (k) EFFECT.—Nothing in this section— 

21 (1) alters any applicable law under which the 

22 Bureau of Indian Affairs collects assessments or car23 ries out the operations and maintenance of the Fort 

24 Belknap Indian Irrigation Project; or 


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1 (2) impacts the availability of amounts under 

2 section 14. 

3 (l) SATISFACTION OF FORT BELKNAP INDIAN IRRI4 GATION PROJECT SYSTEM REQUIREMENT.—The obliga5 tions of the Secretary under subsection (a) shall be 

6 deemed satisfied if the Secretary— 

7 (1) has rehabilitated, modernized, and expanded 

8 the Fort Belknap Indian Irrigation Project in ac9 cordance with subsection (a); or 

10 (2)(A) has expended all of the available funding 

11 provided pursuant to paragraphs (1)(C) and 

12 (2)(A)(iv) of section 14(a); and 

13 (B) despite diligent efforts, could not complete 

14 the activities described in subsection (a). 

15 SEC. 10. SATISFACTION OF CLAIMS. 

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

17 Act shall be in complete replacement of, complete substi18 tution for, and full satisfaction of any claim of the Fort 

19 Belknap Indian Community against the United States 

20 that is waived and released by the Fort Belknap Indian 

21 Community under section 11(a). 

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

23 allottees under this Act shall be in complete replacement 

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


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

2 States (acting as trustee for the allottees) under sec3 tion 11(a)(2); and 

4 (2) any claims of the allottees against the 

5 United States similar to the claims described in sec6 tion 11(a)(2) that the allottee asserted or could have 

7 asserted. 

8 SEC. 11. WAIVERS AND RELEASES OF CLAIMS. 

9 (a) IN GENERAL.— 

10 (1) WAIVER AND RELEASE OF CLAIMS BY THE

11 FORT BELKNAP INDIAN COMMUNITY AND UNITED

12 STATES AS TRUSTEE FOR THE FORT BELKNAP IN13 DIAN COMMUNITY.—Subject to the reservation of 

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

15 as consideration for recognition of the Tribal water 

16 rights and other benefits described in the Compact 

17 and this Act, the Fort Belknap Indian Community, 

18 acting on behalf of the Fort Belknap Indian Com19 munity and members of the Fort Belknap Indian 

20 Community (but not any member of the Fort 

21 Belknap Indian Community as an allottee), and the 

22 United States, acting as trustee for the Fort 

23 Belknap Indian Community and the members of the 

24 Fort Belknap Indian Community (but not any mem25 ber of the Fort Belknap Indian Community as an alVerDate Sep 11 2014 04:32 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H7240.IH H7240

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1 lottee), shall execute a waiver and release of all 

2 claims for water rights within the State that the 

3 Fort Belknap Indian Community, or the United 

4 States acting as trustee for the Fort Belknap Indian 

5 Community, asserted or could have asserted in any 

6 proceeding, including a State stream adjudication, 

7 on or before the enforceability date, except to the ex8 tent that such rights are recognized in the Compact 

9 and this Act. 

10 (2) WAIVER AND RELEASE OF CLAIMS BY THE

11 UNITED STATES AS TRUSTEE FOR ALLOTTEES.— 

12 Subject to the reservation of rights and the retention 

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

14 recognition of the Tribal water rights and other ben15 efits described in the Compact and this Act, the 

16 United States, acting as trustee for the allottees, 

17 shall execute a waiver and release of all claims for 

18 water rights within the Reservation that the United 

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

20 could have asserted in any proceeding, including a 

21 State stream adjudication, on or before the enforce22 ability date, except to the extent that such rights are 

23 recognized in the Compact and this Act. 

24 (3) WAIVER AND RELEASE OF CLAIMS BY THE

25 FORT BELKNAP INDIAN COMMUNITY AGAINST THE


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1 UNITED STATES.—Subject to the reservation of 

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

3 the Fort Belknap Indian Community, acting on be4 half of the Fort Belknap Indian Community and 

5 members of the Fort Belknap Indian Community 

6 (but not any member of the Fort Belknap Indian 

7 Community as an allottee), shall execute a waiver 

8 and release of all claims against the United States 

9 (including any agency or employee of the United 

10 States)— 

11 (A) first arising before the enforceability 

12 date relating to— 

13 (i) water rights within the State that 

14 the United States, acting as trustee for the 

15 Fort Belknap Indian Community, asserted 

16 or could have asserted in any proceeding, 

17 including a general stream adjudication in 

18 the State, except to the extent that such 

19 rights are recognized as Tribal water 

20 rights under this Act; 

21 (ii) foregone benefits from nontribal 

22 use of water, on and off the Reservation 

23 (including water from all sources and for 

24 all uses); 


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1 (iii) damage, loss, or injury to water, 

2 water rights, land, or natural resources 

3 due to loss of water or water rights, in4 cluding damages, losses, or injuries to 

5 hunting, fishing, gathering, or cultural 

6 rights due to loss of water or water rights, 

7 claims relating to interference with, diver8 sion of, or taking of water, or claims relat9 ing to a failure to protect, acquire, replace, 

10 or develop water, water rights, or water in11 frastructure) within the State; 

12 (iv) a failure to establish or provide a 

13 municipal rural or industrial water delivery 

14 system on the Reservation; 

15 (v) damage, loss, or injury to water, 

16 water rights, land, or natural resources 

17 due to construction, operation, and man18 agement of the Fort Belknap Indian Irri19 gation Project and other Federal land and 

20 facilities (including damages, losses, or in21 juries to Tribal fisheries, fish habitat, wild22 life, and wildlife habitat); 

23 (vi) a failure to provide for operation 

24 and maintenance, or deferred maintenance, 

25 for the Fort Belknap Indian Irrigation 


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1 Project or any other irrigation system or 

2 irrigation project; 

3 (vii) the litigation of claims relating to 

4 any water rights of the Fort Belknap In5 dian Community in the State; 

6 (viii) the negotiation, execution, or 

7 adoption of the Compact (including appen8 dices) and this Act; 

9 (ix) the taking or acquisition of land 

10 or resources of the Fort Belknap Indian 

11 Community for the construction or oper12 ation of the Fort Belknap Indian Irriga13 tion Project or the Milk River Project; and 

14 (x) the allocation of water of the Milk 

15 River and the St. Mary River (including 

16 tributaries) between the United States and 

17 Canada pursuant to the International 

18 Boundary Waters Treaty of 1909 (36 Stat. 

19 2448); and 

20 (B) relating to damage, loss, or injury to 

21 water, water rights, land, or natural resources 

22 due to mining activities in the Little Rockies 

23 Mountains prior to the date of trust acquisition, 

24 including damages, losses, or injuries to hunt25 ing, fishing, gathering, or cultural rights. 


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1 (b) EFFECTIVENESS.—The waivers and releases 

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

3 date. 

4 (c) OBJECTIONS IN MONTANA WATER COURT.— 

5 Nothing in this Act or the Compact prohibits the Fort 

6 Belknap Indian Community, a member of the Fort 

7 Belknap Indian Community, an allottee, or the United 

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

9 water right filed in any general stream adjudication in the 

10 Montana Water Court. 

11 (d) RESERVATION OF RIGHTS AND RETENTION OF

12 CLAIMS.—Notwithstanding the waivers and releases under 

13 subsection (a), the Fort Belknap Indian Community, act14 ing on behalf of the Fort Belknap Indian Community and 

15 members of the Fort Belknap Indian Community, and the 

16 United States, acting as trustee for the Fort Belknap In17 dian Community and the allottees shall retain— 

18 (1) all claims relating to— 

19 (A) the enforcement of water rights recog20 nized under the Compact, any final court decree 

21 relating to those water rights, or this Act or to 

22 water rights accruing on or after the enforce23 ability date; 

24 (B) the quality of water under— 


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1 (i) CERCLA, including damages to 

2 natural resources; 

3 (ii) the Safe Drinking Water Act (42 

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

5 (iii) the Federal Water Pollution Con6 trol Act (33 U.S.C. 1251 et seq.); and 

7 (iv) any regulations implementing the 

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

9 (C) damage, loss, or injury to land or nat10 ural resources that are— 

11 (i) not due to loss of water or water 

12 rights (including hunting, fishing, gath13 ering, or cultural rights); and 

14 (ii) not described in subsection (a)(3); 

15 and 

16 (D) an action to prevent any person or 

17 party (as defined in sections 29 and 30 of Arti18 cle II of the Compact) from interfering with the 

19 enjoyment of the Tribal water rights; 

20 (2) all claims relating to off-Reservation hunt21 ing rights, fishing rights, gathering rights, or other 

22 rights; 

23 (3) all claims relating to the right to use and 

24 protect water rights acquired after the date of enact25 ment of this Act; 


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1 (4) all claims relating to the allocation of 

2 waters of the Milk River and the Milk River Project 

3 between the Fort Belknap Indian Community and 

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

5 of the Blackfeet Water Rights Settlement Act (Pub6 lic Law 114–322; 130 Stat. 1818); 

7 (5) all claims relating to the enforcement of this 

8 Act, including the required transfer of land under 

9 section 6; and 

10 (6) all rights, remedies, privileges, immunities, 

11 and powers not specifically waived and released pur12 suant to this Act or the Compact. 

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

14 Compact or this Act— 

15 (1) affects the authority of the Fort Belknap 

16 Indian Community to enforce the laws of the Fort 

17 Belknap Indian Community, including with respect 

18 to environmental protections; 

19 (2) affects the ability of the United States, act20 ing as sovereign, to carry out any activity authorized 

21 by law, including— 

22 (A) the Federal Water Pollution Control 

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

24 (B) the Safe Drinking Water Act (42 

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


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1 (C) CERCLA; and 

2 (D) any regulations implementing the Acts 

3 described in subparagraphs (A) through (C); 

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

5 act as trustee for any other Indian Tribe or an allot6 tee of any other Indian Tribe; 

7 (4) confers jurisdiction on any State court— 

8 (A) to interpret Federal law relating to 

9 health, safety, or the environment; 

10 (B) to determine the duties of the United 

11 States or any other party under Federal law re12 lating to health, safety, or the environment; or 

13 (C) to conduct judicial review of any Fed14 eral agency action; 

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

16 Belknap Indian Community in an individual capacity 

17 that does not derive from a right of the Fort 

18 Belknap Indian Community; 

19 (6) revives any claim adjudicated in the decision 

20 in Gros Ventre Tribe v. United States, 469 F.3d 

21 801 (9th Cir. 2006); or 

22 (7) revives any claim released by an allottee or 

23 member of the Fort Belknap Indian Community in 

24 the settlement in Cobell v. Salazar, No. 

25 1:96CV01285–JR (D.D.C. 2012). 


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1 (f) ENFORCEABILITY DATE.—The enforceability date 

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

3 Federal Register a statement of findings that— 

4 (1) the eligible members of the Fort Belknap 

5 Indian Community have voted to approve this Act 

6 and the Compact by a majority of votes cast on the 

7 day of the vote; 

8 (2)(A) the Montana Water Court has approved 

9 the Compact in a manner from which no further ap10 peal may be taken; or 

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

12 lack jurisdiction, the appropriate district court of the 

13 United States has approved the Compact as a con14 sent decree from which no further appeal may be 

15 taken; 

16 (3) all of the amounts authorized to be appro17 priated under section 14 have been appropriated and 

18 deposited in the designated accounts; 

19 (4) the Secretary and the Fort Belknap Indian 

20 Community have executed the allocation agreement 

21 described in section 7(c)(1); 

22 (5) the State has provided the required funding 

23 into the Fort Belknap Indian Community Tribal Ir24 rigation and Other Water Resources Development 


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1 Account of the Trust Fund pursuant to section 

2 14(a)(3); and 

3 (6) the waivers and releases under subsection 

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

5 Community and the Secretary. 

6 (g) TOLLING OF CLAIMS.— 

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

8 limitation and time-based equitable defense relating 

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

10 the period beginning on the date of enactment of 

11 this Act and ending on the enforceability date. 

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

13 subsection revives any claim or tolls any period of 

14 limitations or time-based equitable defense that ex15 pired before the date of enactment of this Act. 

16 (h) EXPIRATION.— 

17 (1) IN GENERAL.—This Act shall expire in any 

18 case in which— 

19 (A) the amounts authorized to be appro20 priated by this Act have not been made avail21 able to the Secretary by not later than— 

22 (i) January 21, 2034; and 

23 (ii) such alternative later date as is 

24 agreed to by the Fort Belknap Indian 

25 Community and the Secretary; or 


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1 (B) the Secretary fails to publish a state2 ment of findings under subsection (f) by not 

3 later than— 

4 (i) January 21, 2035; and 

5 (ii) such alternative later date as is 

6 agreed to by the Fort Belknap Indian 

7 Community and the Secretary, after pro8 viding reasonable notice to the State. 

9 (2) CONSEQUENCES.—If this Act expires under 

10 paragraph (1)— 

11 (A) the waivers and releases under sub12 section (a) shall— 

13 (i) expire; and 

14 (ii) have no further force or effect; 

15 (B) the authorization, ratification, con16 firmation, and execution of the Compact under 

17 section 4 shall no longer be effective; 

18 (C) any action carried out by the Sec19 retary, and any contract or agreement entered 

20 into, pursuant to this Act shall be void; 

21 (D) any unexpended Federal funds appro22 priated or made available to carry out the ac23 tivities authorized by this Act, together with 

24 any interest earned on those funds, and any 

25 water rights or contracts to use water and title 


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1 to other property acquired or constructed with 

2 Federal funds appropriated or made available 

3 to carry out the activities authorized by this Act 

4 shall be returned to the Federal Government, 

5 unless otherwise agreed to by the Fort Belknap 

6 Indian Community and the United States and 

7 approved by Congress; and 

8 (E) except for Federal funds used to ac9 quire or construct property that is returned to 

10 the Federal Government under subparagraph 

11 (D), the United States shall be entitled to offset 

12 any Federal funds made available to carry out 

13 this Act that were expended or withdrawn, or 

14 any funds made available to carry out this Act 

15 from other Federal authorized sources, together 

16 with any interest accrued on those funds, 

17 against any claims against the United States— 

18 (i) relating to— 

19 (I) water rights in the State as20 serted by— 

21 (aa) the Fort Belknap In22 dian Community; or 

23 (bb) any user of the Tribal 

24 water rights; or 


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1 (II) any other matter described 

2 in subsection (a)(3); or 

3 (ii) in any future settlement of water 

4 rights of the Fort Belknap Indian Commu5 nity or an allottee. 

6 SEC. 12. AANIIIH NAKODA SETTLEMENT TRUST FUND. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

8 a trust fund for the Fort Belknap Indian Community, to 

9 be known as the ‘‘Aaniiih Nakoda Settlement Trust 

10 Fund’’, to be managed, invested, and distributed by the 

11 Secretary and to remain available until expended, with12 drawn, or reverted to the general fund of the Treasury, 

13 consisting of the amounts deposited in the Trust Fund 

14 under subsection (c), together with any investment earn15 ings, including interest, earned on those amounts, for the 

16 purpose of carrying out this Act. 

17 (b) ACCOUNTS.—The Secretary shall establish in the 

18 Trust Fund the following accounts: 

19 (1) The Fort Belknap Indian Community Trib20 al Irrigation and Other Water Resources Develop21 ment Account. 

22 (2) The Fort Belknap Indian Community 

23 Water Resources and Water Rights Administration, 

24 Operation, and Maintenance Account. 


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1 (3) The Fort Belknap Indian Community Clean 

2 and Safe Domestic Water and Sewer Systems, and 

3 Lake Elwell Project Account. 

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

5 (1) in the Fort Belknap Indian Community 

6 Tribal Irrigation and Other Water Resources Devel7 opment Account established under subsection (b)(1), 

8 the amounts made available pursuant to paragraphs 

9 (1)(A) and (2)(A)(i) of section 14(a); 

10 (2) in the Fort Belknap Indian Community 

11 Water Resources and Water Rights Administration, 

12 Operation, and Maintenance Account established 

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

14 pursuant to section 14(a)(2)(A)(ii); and 

15 (3) in the Fort Belknap Indian Community 

16 Clean and Safe Domestic Water and Sewer Systems, 

17 and Lake Elwell Project Account established under 

18 subsection (b)(3), the amounts made available pur19 suant to paragraphs (1)(B) and (2)(A)(iii) of section 

20 14(a). 

21 (d) MANAGEMENT AND INTEREST.— 

22 (1) MANAGEMENT.—On receipt and deposit of 

23 the funds into the accounts in the Trust Fund pur24 suant to subsection (c), the Secretary shall manage, 

25 invest, and distribute all amounts in the Trust Fund 


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1 in accordance with the investment authority of the 

2 Secretary under— 

3 (A) the first section of the Act of June 24, 

4 1938 (25 U.S.C. 162a); 

5 (B) the American Indian Trust Fund Man6 agement Reform Act of 1994 (25 U.S.C. 4001 

7 et seq.); and 

8 (C) this section. 

9 (2) INVESTMENT EARNINGS.—In addition to 

10 the amounts deposited under subsection (c), any in11 vestment earnings, including interest, credited to 

12 amounts held in the Trust Fund shall be available 

13 for use in accordance with subsections (e) and (g). 

14 (e) AVAILABILITY OF AMOUNTS.— 

15 (1) IN GENERAL.—Amounts appropriated to, 

16 and deposited in, the Trust Fund, including any in17 vestment earnings, including interest, earned on 

18 those amounts shall be made available— 

19 (A) to the Fort Belknap Indian Commu20 nity by the Secretary beginning on the enforce21 ability date; and 

22 (B) subject to the uses and restrictions in 

23 this section. 

24 (2) EXCEPTIONS.—Notwithstanding paragraph 

25 (1)— 


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1 (A) amounts deposited in the Fort Belknap 

2 Indian Community Tribal Irrigation and Other 

3 Water Resources Development Account estab4 lished under subsection (b)(1) shall be available 

5 to the Fort Belknap Indian Community on the 

6 date on which the amounts are deposited for 

7 uses described in subparagraph (A) and (B) of 

8 subsection (g)(1); 

9 (B) amounts deposited in the Fort 

10 Belknap Indian Community Water Resources 

11 and Water Rights Administration, Operation, 

12 and Maintenance Account established under 

13 subsection (b)(2) shall be made available to the 

14 Fort Belknap Indian Community on the date on 

15 which the amounts are deposited and the Fort 

16 Belknap Indian Community has satisfied the re17 quirements of section 11(f)(1), for the uses de18 scribed in subsection (g)(2)(A); and 

19 (C) amounts deposited in the Fort Belknap 

20 Indian Community Clean and Safe Domestic 

21 Water and Sewer Systems, and Lake Elwell 

22 Project Account established under subsection 

23 (b)(3) shall be available to the Fort Belknap In24 dian Community on the date on which the 


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1 amounts are deposited for the uses described in 

2 subsection (g)(3)(A). 

3 (f) WITHDRAWALS.— 

4 (1) AMERICAN INDIAN TRUST FUND MANAGE5 MENT REFORM ACT OF 1994.— 

6 (A) IN GENERAL.—The Fort Belknap In7 dian Community may withdraw any portion of 

8 the funds in the Trust Fund on approval by the 

9 Secretary of a Tribal management plan sub10 mitted by the Fort Belknap Indian Community 

11 in accordance with the American Indian Trust 

12 Fund Management Reform Act of 1994 (25 

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

14 (B) REQUIREMENTS.—In addition to the 

15 requirements under the American Indian Trust 

16 Fund Management Reform Act of 1994 (25 

17 U.S.C. 4001 et seq.), the Tribal management 

18 plan under this paragraph shall require that the 

19 Fort Belknap Indian Community spend all 

20 amounts withdrawn from the Trust Fund, and 

21 any investment earnings accrued through the 

22 investments under the Tribal management plan, 

23 in accordance with this Act. 

24 (C) ENFORCEMENT.—The Secretary may 

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1 tions as the Secretary determines to be nec2 essary— 

3 (i) to enforce the Tribal management 

4 plan; and 

5 (ii) to ensure that amounts withdrawn 

6 from the Trust Fund by the Fort Belknap 

7 Indian Community under this paragraph 

8 are used in accordance with this Act. 

9 (2) WITHDRAWALS UNDER EXPENDITURE

10 PLAN.— 

11 (A) IN GENERAL.—The Fort Belknap In12 dian Community may submit to the Secretary a 

13 request to withdraw funds from the Trust Fund 

14 pursuant to an approved expenditure plan. 

15 (B) REQUIREMENTS.—To be eligible to 

16 withdraw funds under an expenditure plan 

17 under this paragraph, the Fort Belknap Indian 

18 Community shall submit to the Secretary for 

19 approval an expenditure plan for any portion of 

20 the Trust Fund that the Fort Belknap Indian 

21 Community elects to withdraw pursuant to this 

22 paragraph, subject to the condition that the 

23 funds shall be used for the purposes described 

24 in this Act. 


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1 (C) INCLUSIONS.—An expenditure plan 

2 under this paragraph shall include a description 

3 of the manner and purpose for which the 

4 amounts proposed to be withdrawn from the 

5 Trust Fund will be used by the Fort Belknap 

6 Indian Community in accordance with sub7 sections (e) and (g). 

8 (D) APPROVAL.—On receipt of an expendi9 ture plan under this paragraph, the Secretary 

10 shall approve the expenditure plan if the Sec11 retary determines that the expenditure plan— 

12 (i) is reasonable; and 

13 (ii) is consistent with, and will be used 

14 for, the purposes of this Act. 

15 (E) ENFORCEMENT.—The Secretary may 

16 carry out such judicial and administrative ac17 tions as the Secretary determines to be nec18 essary to enforce an expenditure plan under 

19 this paragraph to ensure that amounts dis20 bursed under this paragraph are used in ac21 cordance with this Act. 

22 (g) USES.—Amounts from the Trust Fund shall be 

23 used by the Fort Belknap Indian Community for the fol24 lowing purposes: 


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1 (1) FORT BELKNAP INDIAN COMMUNITY TRIBAL

2 IRRIGATION AND OTHER WATER RESOURCES DEVEL3 OPMENT ACCOUNT.—Amounts in the Fort Belknap 

4 Indian Community Tribal Irrigation and Other 

5 Water Resources Development Account established 

6 under subsection (b)(1) shall be used to pay the cost 

7 of activities relating to— 

8 (A) planning, studies, and design of the 

9 Southern Tributary Irrigation Project and the 

10 Peoples Creek Irrigation Project, including the 

11 Upper Peoples Creek Dam and Reservoir, as 

12 generally described in the document of Natural 

13 Resources Consulting Engineers, Inc., entitled 

14 ‘‘Fort Belknap Indian Community Comprehen15 sive Water Development Plan’’ and dated Feb16 ruary 2019; 

17 (B) environmental compliance; 

18 (C) construction of the Southern Tributary 

19 Irrigation Project and the Peoples Creek Irriga20 tion Project, including the Upper Peoples Creek 

21 Dam and Reservoir; 

22 (D) wetlands restoration and development; 

23 (E) stock watering infrastructure; and 

24 (F) on farm development support and re25 acquisition of fee lands within the Fort Belknap 


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1 Indian Irrigation Project and Fort Belknap In2 dian Community irrigation projects within the 

3 Reservation. 

4 (2) FORT BELKNAP INDIAN COMMUNITY WATER

5 RESOURCES AND WATER RIGHTS ADMINISTRATION, 

6 OPERATION, AND MAINTENANCE ACCOUNT.— 

7 Amounts in the Fort Belknap Indian Community 

8 Water Resources and Water Rights Administration, 

9 Operation, and Maintenance Account established 

10 under subsection (b)(2), the principal and invest11 ment earnings, including interest, may only be used 

12 by the Fort Belknap Indian Community to pay the 

13 costs of activities described in subparagraphs (A) 

14 through (C) as follows: 

15 (A) $9,000,000 shall be used for the estab16 lishment, operation, and capital expenditures in 

17 connection with the administration of the Tribal 

18 water resources and water rights development, 

19 including the development or enactment of a 

20 Tribal water code. 

21 (B) Only investment earnings, including 

22 interest, on $29,299,059 shall be used and be 

23 available to pay the costs of activities for ad24 ministration, operations, and regulation of the 

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1 ment, in accordance with the Compact and this 

2 Act. 

3 (C) Only investment earnings, including in4 terest, on $28,331,693 shall be used and be 

5 available to pay the costs of activities relating 

6 to a portion of the annual assessment costs for 

7 the Fort Belknap Indian Community and Tribal 

8 members, including allottees, under the Fort 

9 Belknap Indian Irrigation Project and Fort 

10 Belknap Indian Community irrigation projects 

11 within the Reservation. 

12 (3) FORT BELKNAP INDIAN COMMUNITY CLEAN

13 AND SAFE DOMESTIC WATER AND SEWER SYSTEMS, 

14 AND LAKE ELWELL PROJECT ACCOUNT.—Amounts 

15 in the Fort Belknap Indian Community Clean and 

16 Safe Domestic Water and Sewer Systems, and Lake 

17 Elwell Project Account established under subsection 

18 (b)(3), the principal and investment earnings, in19 cluding interest, may only be used by the Fort 

20 Belknap Indian Community to pay the costs of ac21 tivities relating to— 

22 (A) planning, studies, design, and environ23 mental compliance of domestic water supply, 

24 and sewer collection and treatment systems, as 

25 generally described in the document of Natural 


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1 Resources Consulting Engineers, Inc., entitled 

2 ‘‘Fort Belknap Indian Community Comprehen3 sive Water Development Plan’’ and dated Feb4 ruary 2019, including the Lake Elwell Project 

5 water delivery to the southern part of the Res6 ervation; 

7 (B) construction of domestic water supply, 

8 sewer collection, and treatment systems; 

9 (C) construction, in accordance with appli10 cable law, of infrastructure for delivery of Lake 

11 Elwell water diverted from the Missouri River 

12 to the southern part of the Reservation; and 

13 (D) planning, studies, design, environ14 mental compliance, and construction of a Tribal 

15 wellness center for a work force health and 

16 well-being project. 

17 (h) LIABILITY.—The Secretary shall not be liable for 

18 any expenditure or investment of amounts withdrawn from 

19 the Trust Fund by the Fort Belknap Indian Community 

20 pursuant to subsection (f). 

21 (i) PROJECT EFFICIENCIES.—If the total cost of the 

22 activities described in subsection (g) results in cost savings 

23 and is less than the amounts authorized to be obligated 

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1 retary, at the request of the Fort Belknap Indian Commu2 nity, shall deposit those savings in the Trust Fund to be 

3 used in accordance with that subsection. 

4 (j) ANNUAL REPORT.—The Fort Belknap Indian 

5 Community shall submit to the Secretary an annual ex6 penditure report describing accomplishments and amounts 

7 spent from use of withdrawals under a Tribal management 

8 plan or an expenditure plan described in this section. 

9 (k) NO PER CAPITA PAYMENTS.—No principal or in10 terest amount in any account established by this section 

11 shall be distributed to any member of the Fort Belknap 

12 Indian Community on a per capita basis. 

13 (l) EFFECT.—Nothing in this Act entitles the Fort 

14 Belknap Indian Community to judicial review of a deter15 mination of the Secretary regarding whether to approve 

16 a Tribal management plan under subsection (f)(1) or an 

17 expenditure plan under subsection (f)(2), except as pro18 vided under subchapter II of chapter 5, and chapter 7, 

19 of title 5, United States Code (commonly known as the 

20 ‘‘Administrative Procedure Act’’). 

21 SEC. 13. FORT BELKNAP INDIAN COMMUNITY WATER SET22 TLEMENT IMPLEMENTATION FUND. 

23 (a) ESTABLISHMENT.—There is established in the 

24 Treasury of the United States a non-trust, interest-bear25 ing account to be known as the ‘‘Fort Belknap Indian 


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1 Community Water Settlement Implementation Fund’’, to 

2 be managed and distributed by the Secretary, for use by 

3 the Secretary for carrying out this Act. 

4 (b) ACCOUNTS.—The Secretary shall establish in the 

5 Implementation Fund the following accounts: 

6 (1) The Fort Belknap Indian Irrigation Project 

7 System Account. 

8 (2) The Milk River Project Mitigation Account. 

9 (c) DEPOSITS.—The Secretary shall deposit— 

10 (1) in the Fort Belknap Indian Irrigation 

11 Project System Account established under subsection 

12 (b)(1), the amount made available pursuant to para13 graphs (1)(C) and (2)(A)(iv) of section 14(a); and 

14 (2) in the Milk River Project Mitigation Ac15 count established under subsection (b)(2), the 

16 amount made available pursuant to section 

17 14(a)(1)(D). 

18 (d) USES.— 

19 (1) FORT BELKNAP INDIAN IRRIGATION

20 PROJECT SYSTEM ACCOUNT.—The Fort Belknap In21 dian Irrigation Project Rehabilitation Account estab22 lished under subsection (b)(1) shall be used to carry 

23 out section 9, except as provided in subsection (h) 

24 of that section. 


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1 (2) MILK RIVER PROJECT MITIGATION AC2 COUNT.—The Milk River Project Mitigation Account 

3 established under subsection (b)(2) may only be used 

4 to carry out section 8. 

5 (e) MANAGEMENT.— 

6 (1) IN GENERAL.—Amounts in the Implementa7 tion Fund shall not be available to the Secretary for 

8 expenditure until the enforceability date. 

9 (2) EXCEPTION.—Notwithstanding paragraph 

10 (1), amounts deposited in the Fort Belknap Indian 

11 Irrigation Project System Account established under 

12 subsection (b)(1) shall be available to the Secretary 

13 on the date on which the amounts are deposited for 

14 uses described in paragraphs (1) and (2) of section 

15 9(a). 

16 (f) INTEREST.—In addition to the deposits under 

17 subsection (c), any interest credited to amounts unex18 pended in the Implementation Fund are authorized to be 

19 appropriated to be used in accordance with the uses de20 scribed in subsection (d). 

21 SEC. 14. FUNDING. 

22 (a) FUNDING.— 

23 (1) AUTHORIZATION OF APPROPRIATIONS.— 

24 Subject to subsection (b), there are authorized to be 

25 appropriated to the Secretary— 


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1 (A) for deposit in the Fort Belknap Indian 

2 Community Tribal Irrigation and Other Water 

3 Resources Development Account of the Trust 

4 Fund established under section 12(b)(1), 

5 $89,643,100, to be retained until expended, 

6 withdrawn, or reverted to the general fund of 

7 the Treasury; 

8 (B) for deposit in the Fort Belknap Indian 

9 Community Clean and Safe Domestic Water 

10 and Sewer Systems, and Lake Elwell Project 

11 Account of the Trust Fund established under 

12 section 12(b)(3), $331,885,220, to be retained 

13 until expended, withdrawn, or reverted to the 

14 general fund of the Treasury; 

15 (C) for deposit in the Fort Belknap Indian 

16 Irrigation Project System Account of the Imple17 mentation Fund established under section 

18 13(b)(1), such sums as are necessary, but not 

19 more than $187,124,469, for the Secretary to 

20 carry out section 9, to be retained until ex21 pended, withdrawn, or reverted to the general 

22 fund of the Treasury; and 

23 (D) for deposit in the Milk River Project 

24 Mitigation Account of the Implementation Fund 

25 established under section 13(b)(2), such sums 


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1 as are necessary, but not more than 

2 $300,000,000, for the Secretary to carry out 

3 obligations of the Secretary under section 8, to 

4 be retained until expended, withdrawn, or re5 verted to the general fund of the Treasury. 

6 (2) MANDATORY APPROPRIATIONS.— 

7 (A) IN GENERAL.—Out of any funds in the 

8 Treasury not otherwise appropriated, the Sec9 retary of the Treasury shall deposit— 

10 (i) in the Fort Belknap Indian Com11 munity Tribal Irrigation and Other Water 

12 Resources Development Account of the 

13 Trust Fund established under section 

14 12(b)(1), $29,881,034, to be retained until 

15 expended, withdrawn, or reverted to the 

16 general fund of the Treasury; 

17 (ii) in the Fort Belknap Indian Com18 munity Water Resources and Water Rights 

19 Administration, Operation, and Mainte20 nance Account of the Trust Fund estab21 lished under section 12(b)(2), 

22 $66,630,752; 

23 (iii) in the Fort Belknap Indian Com24 munity Clean and Safe Domestic Water 

25 and Sewer Systems, and Lake Elwell 


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1 Project Account of the Trust Fund estab2 lished under section 12(b)(3), 

3 $110,628,407; and 

4 (iv) in the Fort Belknap Indian Irri5 gation Project System Account of the Im6 plementation Fund established under sec7 tion 13(b)(1), $228,707,684. 

8 (B) AVAILABILITY.—Amounts deposited in 

9 the accounts under subparagraph (A) shall be 

10 available without further appropriation. 

11 (3) STATE COST SHARE.—The State shall con12 tribute $5,000,000, plus any earned interest, pay13 able to the Secretary for deposit in the Fort Belknap 

14 Indian Community Tribal Irrigation and Other 

15 Water Resources Development Account of the Trust 

16 Fund established under section 12(b)(1) on approval 

17 of a final decree by the Montana Water Court for 

18 the purpose of activities relating to the Upper Peo19 ples Creek Dam and Reservoir under subparagraphs 

20 (A) through (C) of section 12(g)(1). 

21 (b) FLUCTUATION IN COSTS.— 

22 (1) IN GENERAL.—The amounts authorized to 

23 be appropriated under paragraphs (1) and (2) of 

24 subsection (a) and this subsection shall be— 


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1 (A) increased or decreased, as appropriate, 

2 by such amounts as may be justified by reason 

3 of ordinary fluctuations in costs occurring after 

4 the date of enactment of this Act as indicated 

5 by the Bureau of Reclamation Construction 

6 Cost Index—Composite Trend; and 

7 (B) adjusted to address construction cost 

8 changes necessary to account for unforeseen 

9 market volatility that may not otherwise be cap10 tured by engineering cost indices as determined 

11 by the Secretary, including repricing applicable 

12 to the types of construction and current indus13 try standards involved. 

14 (2) REPETITION.—The adjustment process 

15 under paragraph (1) shall be repeated for each sub16 sequent amount appropriated until the amount au17 thorized to be appropriated under subsection (a), as 

18 adjusted, has been appropriated. 

19 (3) PERIOD OF INDEXING.— 

20 (A) TRUST FUND.—With respect to the 

21 Trust Fund, the period of indexing adjustment 

22 under paragraph (1) for any increment of fund23 ing shall end on the date on which the funds 

24 are deposited into the Trust Fund. 


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1 (B) IMPLEMENTATION FUND.—With re2 spect to the Implementation Fund, the period 

3 of adjustment under paragraph (1) for any in4 crement of funding shall be annually. 

5 SEC. 15. MISCELLANEOUS PROVISIONS. 

6 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

7 UNITED STATES.—Except as provided in subsections (a) 

8 through (c) of section 208 of the Department of Justice 

9 Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 

10 Act waives the sovereign immunity of the United States. 

11 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

12 Nothing in this Act quantifies or diminishes any land or 

13 water right, or any claim or entitlement to land or water, 

14 of an Indian Tribe, band, or community other than the 

15 Fort Belknap Indian Community. 

16 (c) ELIMINATION OF DEBTS OR LIENS AGAINST AL17 LOTMENTS OF THE FORT BELKNAP INDIAN COMMUNITY

18 MEMBERS WITHIN THE FORT BELKNAP INDIAN IRRIGA19 TION PROJECT.—On the date of enactment of this Act, 

20 the Secretary shall cancel and eliminate all debts or liens 

21 against the allotments of land held by the Fort Belknap 

22 Indian Community and the members of the Fort Belknap 

23 Indian Community due to construction assessments and 

24 annual operation and maintenance charges relating to the 

25 Fort Belknap Indian Irrigation Project. 


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1 (d) EFFECT ON CURRENT LAW.—Nothing in this Act 

2 affects any provision of law (including regulations) in ef3 fect on the day before the date of enactment of this Act 

4 with respect to pre-enforcement review of any Federal en5 vironmental enforcement action. 

6 (e) EFFECT ON RECLAMATION LAWS.—The activities 

7 carried out by the Commissioner under this Act shall not 

8 establish a precedent or impact the authority provided 

9 under any other provision of the reclamation laws, includ10 ing— 

11 (1) the Reclamation Rural Water Supply Act of 

12 2006 (43 U.S.C. 2401 et seq.); and 

13 (2) the Omnibus Public Land Management Act 

14 of 2009 (Public Law 111–11; 123 Stat. 991). 

15 (f) ADDITIONAL FUNDING.—Nothing in this Act pro16 hibits the Fort Belknap Indian Community from seek17 ing— 

18 (1) additional funds for Tribal programs or 

19 purposes; or 

20 (2) funding from the United States or the State 

21 based on the status of the Fort Belknap Indian 

22 Community as an Indian Tribe. 

23 (g) RIGHTS UNDER STATE LAW.—Except as pro24 vided in section 1 of Article III of the Compact (relating 

25 to the closing of certain water basins in the State to new 


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1 appropriations in accordance with the laws of the State), 

2 nothing in this Act or the Compact precludes the acquisi3 tion or exercise of a right arising under State law (as de4 fined in section 6 of Article II of the Compact) to the use 

5 of water by the Fort Belknap Indian Community, or a 

6 member or allottee of the Fort Belknap Indian Commu7 nity, outside the Reservation by— 

8 (1) purchase of the right; or 

9 (2) submitting to the State an application in 

10 accordance with State law. 

11 (h) WATER STORAGE AND IMPORTATION.—Nothing 

12 in this Act or the Compact prevents the Fort Belknap In13 dian Community from participating in any project to im14 port water to, or to add storage in, the Milk River Basin. 

15 SEC. 16. ANTIDEFICIENCY. 

16 The United States shall not be liable for any failure 

17 to carry out any obligation or activity authorized by this 

18 Act, including any obligation or activity under the Com19 pact, if— 

20 (1) adequate appropriations are not provided by 

21 Congress expressly to carry out the purposes of this 

22 Act; or 

23 (2) there are not enough funds available in the 

24 Reclamation Water Settlements Fund established by 

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1 agement Act of 2009 (43 U.S.C. 407(a)) to carry 

2 out the purposes of this Act. 

Æ 


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