II 

113TH CONGRESS 

1ST SESSION S. 1394 

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

Indian Community, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2013 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To provide for the settlement of the water rights claims 

of the Fort Belknap Indian Community, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

6 Indian Community Water Rights Settlement Act of 

7 2013’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Findings and purposes. 

Sec. 3. Definitions. 

Sec. 4. Approval of compact and judicial decree. 

Sec. 5. Tribal water rights. 

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

Sec. 7. Lake Elwell. 

Sec. 8. Milk River Project. 

Sec. 9. Settlement in satisfaction of claims. 

Sec. 10. Waivers and releases of claims. 

Sec. 11. Fort Belknap Indian Community Settlement Fund. 

Sec. 12. Miscellaneous provisions. 

Sec. 13. Antideficiency. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) to fulfill the trust responsibility of the 

4 United States to Indian tribes and to promote tribal 

5 sovereignty and economic self-sufficiency, it is the 

6 policy of the United States to settle water rights 

7 claims of Indian tribes without lengthy and costly 

8 litigation; 

9 (2) the Fort Belknap Reservation was estab10 lished in the State of Montana as a homeland for 

11 the Gros Ventre and Assiniboine Tribes; 

12 (3) an adequate water supply for the Fort 

13 Belknap Indian Community is important to a per14 manent, sustainable, and sovereign homeland for the 

15 Gros Ventre and Assiniboine Tribes and the mem16 bers of those Indian tribes; 

17 (4) the sovereignty of the Fort Belknap Indian 

18 Community and the economy of the Reservation de19 pend on the development of the water and other re20 sources of the Reservation; 


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1 (5) the planning, design, and construction of 

2 the facilities needed to use Reservation water sup3 plies and other resources effectively are necessary 

4 for— 

5 (A) the development of a viable Reserva6 tion economy; and 

7 (B) the implementation of the water rights 

8 compact between the Fort Belknap Indian 

9 Community and the State of Montana; 

10 (6) recognizing that a final resolution of the ad11 judications of the Fort Belknap Indian Community 

12 water rights pending in Federal and State courts 

13 will require many years and great expense to all par14 ties of the adjudications, prolong uncertainty regard15 ing the availability of water supplies, and seriously 

16 impair the long-term economic planning and develop17 ment of the parties, the Fort Belknap Indian Com18 munity and the State entered into the Fort Belknap19 Montana Water Rights Compact on April 16, 2001; 

20 (7) the allocation of water resources from Lake 

21 Elwell to the Fort Belknap Indian Community under 

22 this Act is uniquely suited to the geographical, so23 cial, and economic characteristics of the area and 

24 situation; 


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1 (8) changes in the administration of the Milk 

2 River Project are necessary to satisfy the water 

3 rights of the Fort Belknap Indian Community; 

4 (9) the Fort Belknap Indian Community has 

5 held sacred certain land within and adjacent to the 

6 present boundaries of the Fort Belknap Reservation 

7 that is now held in State, public, and fee ownership 

8 status; 

9 (10) the land described in paragraph (9) is 

10 within the ancestral territory of the Fort Belknap 

11 Indian Community and has historical, cultural, and 

12 spiritual significance for the Fort Belknap Indian 

13 Community; and 

14 (11) the exchange, acquisition, and transfer to 

15 trust status of the Federal and State land described 

16 in paragraph (9) for the benefit of the Fort Belknap 

17 Indian Community will— 

18 (A) enable the Fort Belknap Indian Com19 munity to consolidate and restore the trust land 

20 ownership of the Reservation; and 

21 (B) restore the sacred, political, and legal 

22 bond the Fort Belknap Indian Community has 

23 maintained to that land since time immemorial. 

24 (b) PURPOSES.—The purposes of this Act are— 


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1 (1) to achieve a fair, equitable, and final settle2 ment of all claims to water rights in the State of 

3 Montana for— 

4 (A) the Fort Belknap Indian Community, 

5 the members of the Fort Belknap Indian Com6 munity, and allottees of the Fort Belknap In7 dian Community living on the Reservation; and 

8 (B) the United States for the benefit of 

9 the Fort Belknap Indian Community, the mem10 bers of the Fort Belknap Indian Community, 

11 and allottees of the Fort Belknap Indian Com12 munity; 

13 (2) to authorize, approve, and confirm the Fort 

14 Belknap Indian Community-Montana Water Rights 

15 Compact entered into by the Fort Belknap Indian 

16 Community and the State of Montana on April 16, 

17 2001; 

18 (3) to authorize and direct the Secretary— 

19 (A) to execute the Fort Belknap Indian 

20 Community-Montana Water Rights Compact; 

21 (B) to make available funding from the 

22 Reclamation Water Settlement Fund estab23 lished by section 10501 of the Omnibus Public 

24 Land Management Act of 2009 (43 U.S.C. 

25 407); and 


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1 (C) to take any other action the Secretary 

2 determines to be necessary to implement the 

3 Compact in accordance with this Act; 

4 (4) to authorize certain economic development 

5 initiatives and projects on the Reservation— 

6 (A) to implement the Compact; 

7 (B) to maximize the benefits of the water 

8 rights memorialized in the Compact; and 

9 (C) to ensure that the cultural, economic, 

10 and social needs of the Fort Belknap Indian 

11 Community are addressed in a manner that 

12 promotes self-sufficiency and sovereignty; 

13 (5) to authorize certain modifications to— 

14 (A) the purposes and operation of the 

15 projects of the Bureau of Reclamation for Tiber 

16 Dam and Lake Elwell on the Marias River in 

17 the State in order to provide the Fort Belknap 

18 Indian Community with an allocation of water 

19 from Lake Elwell; and 

20 (B) the operations and facilities of the 

21 Milk River Project in order to implement the 

22 Compact; 

23 (6) to ensure the availability of amounts nec24 essary for the implementation of the Compact and 

25 this Act; and 


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1 (7) to authorize the exchange, acquisition, and 

2 transfer of certain Federal and State land. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

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

6 individual Indian (or the successor of an individual 

7 Indian) who owns or holds a trust allotment or in8 terest in a trust allotment on the Reservation under 

9 the Act of March 3, 1921 (41 Stat. 1355, chapter 

10 135), subject to the terms and conditions of that 

11 Act. 

12 (2) COMMISSIONER.—The term ‘‘Commis13 sioner’’ means the Commissioner of Reclamation. 

14 (3) COMPACT.—The term ‘‘Compact’’ means 

15 the water rights agreement between the Fort 

16 Belknap Indian Community and the State contained 

17 in section 85–20–1001 of the Montana Code Anno18 tated (2011), including any exhibit, part, or amend19 ment to the Compact. 

20 (4) ENFORCEABILITY DATE.—The term ‘‘en21 forceability date’’ means the date on which the Sec22 retary publishes in the Federal Register the state23 ment of findings described in section 10(d). 


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1 (5) FINAL.—The term ‘‘final’’, with respect to 

2 the approval of the decree described in section 4(c), 

3 means the completion of— 

4 (A) a direct appeal to the Montana Su5 preme Court of a decree by the Montana Water 

6 Court, including the expiration of time for filing 

7 of a direct appeal; or 

8 (B) an appeal to the appropriate court of 

9 the United States, including the expiration of 

10 time in which a petition for certiorari may be 

11 filed in the Supreme Court, denial of such a pe12 tition, or issuance of a final judgment of the 

13 Supreme Court, whichever occurs last. 

14 (6) FORT BELKNAP INDIAN COMMUNITY COUN15 CIL.—The term ‘‘Fort Belknap Indian Community 

16 Council’’ means the governing body of the Fort 

17 Belknap Indian Community. 

18 (7) FORT BELKNAP INDIAN COMMUNITY.—The 

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

20 Gros Ventre and Assiniboine Tribes and members 

21 and allottees of those Tribes, including the respec22 tive successors, heirs, and assigns of the members 

23 and allottees, of the Fort Belknap Reservation of 

24 Montana. 


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1 (8) FRESNO RESERVOIR.—The term ‘‘Fresno 

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

3 River Project, located on the Milk River 14 miles 

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

5 of June 16, 1933 (48 Stat. 195, chapter 90) (com6 monly known as the ‘‘National Industrial Recovery 

7 Act’’). 

8 (9) FUND.—The term ‘‘Fund’’ means the Fort 

9 Belknap Indian Community Settlement Fund estab10 lished by section 11(a). 

11 (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

13 Indian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 450b). 

15 (11) JOINT BOARD.—The term ‘‘Joint Board’’ 

16 means the joint board of control for the Milk River 

17 Project established in accordance with State law. 

18 (12) MALTA IRRIGATION DISTRICT.—The term 

19 ‘‘Malta Irrigation District’’ means the public cor20 poration— 

21 (A) created on December 28, 1923, pursu22 ant to the laws of the State relating to irriga23 tion districts; and 

24 (B) headquartered in Malta, Montana. 


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1 (13) MILK RIVER COORDINATING COM2 MITTEE.—The term ‘‘Milk River Coordinating Com3 mittee’’ means the committee established by article 

4 IV.C of the Compact. 

5 (14) MILK RIVER PROJECT.— 

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

7 Project’’ means the Bureau of Reclamation 

8 project conditionally approved by the Secretary 

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

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

11 commencing at Lake Sherburne Reservoir and 

12 providing water through a point approximately 

13 6 miles east of Nashua, Montana. 

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

15 Project’’ includes the Milk River Project works 

16 below the eastern crossing on the Milk River, 

17 including— 

18 (i) the Fresno Dam; and 

19 (ii) the Dodson pumping unit. 

20 (15) MISSOURI RIVER BASIN.—The term ‘‘Mis21 souri River Basin’’ means the hydrologic basin of 

22 the Missouri River (including tributaries), except as 

23 limited by the 1909 Boundary Waters Treaty be24 tween Canada and United States. 


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

3 Program’’ means the Pick-Sloan Missouri River 

4 Basin Program (authorized by section 9 of the Act 

5 of December 22, 1944 (commonly known as the 

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

7 665)). 

8 (17) RESERVATION.— 

9 (A) IN GENERAL.—The term ‘‘Reserva10 tion’’ means the area of the Fort Belknap Res11 ervation in the State, as defined in the Com12 pact. 

13 (B) INCLUSIONS.—The term ‘‘Reserva14 tion’’ includes all land and interest in land that 

15 is held in trust by the United States for the 

16 benefit of the Gros Ventre and Assiniboine 

17 Tribes, including the land within the boundary 

18 established by the Treaty ratified by the Act of 

19 May 1, 1888 (25 Stat. 113, chapter 212), as 

20 modified by the Grinnell Agreement of October 

21 9, 1895 (ratified by the Act of June 10, 1896) 

22 (29 Stat. 350, chapter 398), and amended by 

23 the Act of March 3, 1911 (36 Stat. 1080, chap24 ter 218), and the Act of March 3, 1921 (41 

25 Stat. 1355, chapter 135). 


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

2 means the Secretary of the Interior. 

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

4 State of Montana. 

5 (20) TRIBAL WATER CODE.—Notwithstanding 

6 the requirements of Article IV, section A.2. of the 

7 Compact, the term ‘‘Tribal Water Code’’ means a 

8 water code adopted by the Fort Belknap Indian 

9 Community in accordance with section 5(c). 

10 (21) TRIBAL WATER RIGHTS.—The term ‘‘tribal 

11 water rights’’ means— 

12 (A) the water rights of the Fort Belknap 

13 Indian Community established in Article III of 

14 the Compact; 

15 (B) the allocation of water to the Fort 

16 Belknap Indian Community from Lake Elwell 

17 under section 7; and 

18 (C) the water rights of allottees. 

19 SEC. 4. APPROVAL OF COMPACT AND JUDICIAL DECREE. 

20 (a) APPROVAL OF COMPACT.— 

21 (1) IN GENERAL.—Except as otherwise pro22 vided in this Act and to the extent the Compact does 

23 not conflict with this Act, the Compact is author24 ized, approved, and confirmed. 


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1 (2) AMENDMENTS TO COMPACT.—If amend2 ments are executed to make the Compact consistent 

3 with this Act, those amendments are authorized, ap4 proved, and confirmed to the extent those amend5 ments are consistent with this Act. 

6 (b) EXECUTION OF COMPACT.—On the approval of 

7 the Compact by a majority of those eligible members of 

8 the Fort Belknap Indian Community casting votes on the 

9 day of the vote on the Compact, the Secretary shall— 

10 (1) promptly execute and implement the Com11 pact, including all exhibits to or parts of the Com12 pact requiring the signature of the Secretary; and 

13 (2) take such other actions as are necessary to 

14 implement the Compact, including approving modi15 fications to appendices and exhibits to the Compact 

16 not inconsistent with this Act, to the extent those 

17 modifications do not otherwise require Congressional 

18 approval pursuant to section 2116 of the Revised 

19 Statutes (25 U.S.C. 177) or other applicable Federal 

20 law. 

21 (c) APPROVAL OF JUDICIAL DECREE.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date on which the Compact is approved 

24 under subsection (b) or the date of enactment of this 

25 Act, whichever is later, the United States, the Fort 


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1 Belknap Indian Community, and the State shall sub2 mit to the Montana Water Court, individually or 

3 jointly, a petition to approve the decree agreed to by 

4 the United States, the Fort Belknap Indian Commu5 nity, and the State, identified as Appendix 1 to the 

6 Compact (including any amendment to the decree). 

7 (2) FEDERAL UNITED STATES COURT.—If the 

8 circumstances described in article VII.C.2 of the 

9 Compact occur, the United States, the Fort Belknap 

10 Indian Community, or the State may submit to the 

11 United States district court with appropriate juris12 diction a petition to enter as a consent decree in the 

13 United States district court the decree described in 

14 paragraph (1). 

15 (3) EFFECT OF FAILURE OF APPROVAL.— 

16 (A) IN GENERAL.—If a circumstance de17 scribed in subparagraph (B) occurs— 

18 (i) the approval of the Compact under 

19 subsection (a) shall be void; and 

20 (ii) the authority under this Act shall 

21 terminate. 

22 (B) CIRCUMSTANCE.—A circumstance re23 ferred to in subparagraph (A) is that— 

24 (i) the Montana Water Court and the 

25 United States district court of jurisdiction, 


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1 as applicable, fail to approve the decree de2 scribed in paragraph (1) during the 5-year 

3 period beginning on the date on which the 

4 decree is filed in the court; 

5 (ii) the decree is approved but subse6 quently set aside by the Montana Water 

7 Court or the United States district court; 

8 or 

9 (iii) the decree is set aside on direct 

10 appeal. 

11 (d) FILING FOR APPOINTMENT OF WATER COMMIS12 SIONER.—On submission of a petition described in para13 graph (1) or (2) of subsection (b), the United States, the 

14 Fort Belknap Indian Community, and the State shall 

15 jointly petition the appropriate court for appointment of 

16 a water commissioner in accordance with article VII.B.3 

17 of the Compact, who shall be appointed not later than 180 

18 days after the date on which the final decree is issued. 

19 SEC. 5. TRIBAL WATER RIGHTS. 

20 (a) TREATMENT.— 

21 (1) HOLDING IN TRUST.—The tribal water 

22 rights— 

23 (A) shall be held in trust by the United 

24 States for the use and benefit of the Fort 


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1 Belknap Indian Community and allottees in ac2 cordance with this section; and 

3 (B) shall not be subject to forfeiture or 

4 abandonment. 

5 (2) ALLOTTEES.—Each allottee shall be pro6 vided tribal water rights that are equivalent to or ex7 ceed the tribal water rights that allottees have on 

8 the day before the date of enactment of this Act, 

9 taking into consideration— 

10 (A) the potential risks, cost, and time 

11 delay associated with litigation that would be 

12 resolved by the Compact and this Act; 

13 (B) the availability of funding under this 

14 Act and from other sources; 

15 (C) the availability of water from the tribal 

16 water rights; and 

17 (D) the applicability of section 7 of the Act 

18 of February 8, 1887 (25 U.S.C. 381) and this 

19 Act to protect the interests of allottees. 

20 (b) RIGHT TO USE.—Each right to Federal reserved 

21 water of a member of the Fort Belknap Indian Commu22 nity, an allottee, or an owner of fee land located within 

23 the Reservation— 

24 (1) shall be considered to be satisfied by the 

25 tribal water rights; and 


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1 (2) shall be governed by the terms and condi2 tions of the Compact, this Act, and the Tribal Water 

3 Code. 

4 (c) TRIBAL WATER CODE.— 

5 (1) ENACTMENT.—Not later than 3 years after 

6 the date on which the decree is approved by the ap7 propriate court under section 4(c), the Fort Belknap 

8 Indian Community shall enact a Tribal Water Code, 

9 subject to applicable laws, that— 

10 (A) regulates the tribal water rights to 

11 provide for irrigation, domestic, commercial, 

12 municipal, industrial, cultural, recreational, and 

13 other uses; and 

14 (B) includes a due process system— 

15 (i) for the consideration and deter16 mination of any request by an allottee, or 

17 any successor in interest to an allottee, for 

18 an allocation of water under the tribal 

19 water rights for any lawful purpose on al20 lotted land, including a process for— 

21 (I) appeal and adjudication of de22 nied or disputed distributions of 

23 water; and 


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1 (II) resolution of contested ad2 ministrative decisions relating to the 

3 tribal water rights; 

4 (ii) to protect the interest of allottees 

5 when entering into any lease under sub6 section (e); 

7 (iii) by which an owner of fee land 

8 within the Reservation may apply for any 

9 lawful use of water under the tribal water 

10 rights; and 

11 (iv) for the establishment and man12 agement of a controlled groundwater area 

13 in cooperation with the establishment of a 

14 contiguous controlled groundwater area off 

15 the Reservation established pursuant to 

16 section B.2. of Article IV of the Compact 

17 and State law. 

18 (2) ACTION BY SECRETARY.— 

19 (A) IN GENERAL.—The Secretary shall ad20 minister the tribal water rights until the Tribal 

21 Water Code is enacted in accordance with para22 graph (1) and approved under subparagraph 

23 (B). 

24 (B) APPROVAL.— 


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1 (i) IN GENERAL.—Subject to clause 

2 (ii), the Tribal Water Code shall not be 

3 valid unless the Tribal Water Code is ap4 proved (including each amendment to the 

5 Tribal Water Code that affects the rights 

6 of an allottee) by the Secretary not later 

7 than 90 days after the date on which the 

8 Secretary receives the Tribal Water Code. 

9 (ii) NO ACTION.—If the Secretary 

10 does not approve or disapprove the Tribal 

11 Water Code in the 90-day period described 

12 in clause (i), the Tribal Water Code shall 

13 be considered to be approved. 

14 (d) EXHAUSTION OF REMEDIES.—A member of the 

15 Fort Belknap Indian Community, an allottee, or an owner 

16 of fee land within the Reservation shall not bring a claim 

17 relating to water under the tribal water rights against the 

18 United States under section 7 of the Act of February 8, 

19 1887 (25 U.S.C. 381), or any other applicable law, or oth20 erwise request relief from the Secretary, until the member, 

21 allottee, or fee land owner exhausts each applicable rem22 edy under the Tribal Water Code or other applicable tribal 

23 law. 

24 (e) TEMPORARY TRANSFER OF TRIBAL WATER

25 RIGHTS.— 


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1 (1) IN GENERAL.—On approval of the Sec2 retary and the State as required under article 

3 IV.A.5 of the Compact, the Fort Belknap Indian 

4 Community may temporarily transfer by service con5 tract, lease, exchange, or other agreement, certain 

6 portions of the tribal water rights, in accordance 

7 with article IV.A.5 of the Compact, for use off the 

8 Reservation within the Missouri River Basin, except 

9 as limited by the 1909 Boundary Waters Treaty be10 tween Canada and United States. 

11 (2) REQUIREMENTS.—An agreement under 

12 paragraph (1)— 

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

14 100 years; 

15 (B) may include provisions for renewal of 

16 the agreement for an additional term of not 

17 more than 100 years; and 

18 (C) shall not permanently alienate any por19 tion of the tribal water rights. 

20 (f) PICK-SLOAN MISSOURI RIVER BASIN PROGRAM

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

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

23 power pumping preferred rates established as of the date 

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

25 Program pumping power to not more than 27,000 net 


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1 acres under irrigation pursuant to projects of the Fort 

2 Belknap Indian Community. 

3 (g) MILK RIVER WATER RIGHTS.— 

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

5 Community— 

6 (A) may continue to use Milk River water 

7 rights in a manner that is consistent with his8 torical uses and uses in existence on the date of 

9 enactment of this Act; but 

10 (B) shall not carry out any new uses, new 

11 storage, or marketing activities until the later 

12 of— 

13 (i) the date on which the Fort 

14 Belknap Indian Community has entered 

15 into an agreement described in paragraph 

16 (2); and 

17 (ii) the date on which the Secretary 

18 acts pursuant to paragraph (4). 

19 (2) TRIBAL SHARING AGREEMENT.— 

20 (A) IN GENERAL.—The Fort Belknap In21 dian Community and the Blackfeet Tribe of the 

22 Blackfeet Reservation shall enter into an agree23 ment relating to the manner by which the Fort 

24 Belknap Indian Community and the Blackfeet 


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1 Tribe shall exercise their respective Milk River 

2 water rights on their respective reservations. 

3 (B) CONSULTATION.—In carrying out sub4 paragraph (A), the Fort Belknap Indian Com5 munity and the Blackfeet Tribe shall consult 

6 with the Bureau of Reclamation and the Bu7 reau of Indian Affairs. 

8 (C) CONSIDERATIONS.—The agreement de9 veloped under this paragraph shall take into 

10 consideration— 

11 (i) the fact that the Fort Belknap In12 dian Community and the Blackfeet Tribe 

13 have the same priority date for Milk River 

14 water rights; 

15 (ii) the quantity of Milk River water 

16 supplies; 

17 (iii) the water needs for historically ir18 rigated trust land, which include— 

19 (I) for the Fort Belknap Indian 

20 Irrigation Project, 125 cubic feet per 

21 second, or 10,425 acre-feet; and 

22 (II) for the Blackfeet Tribe, 560 

23 acre-feet, subject to the condition that 

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1 termined to be historically irrigated 

2 trust land; 

3 (iv) after the satisfaction of the water 

4 needs described in clause (iii), the water 

5 needs of future irrigated trust land for 

6 each reservation shall be allocated equi7 tably; and 

8 (v) any other beneficial uses identified 

9 by the Fort Belknap Indian Community 

10 and the Blackfeet Tribe. 

11 (3) SECRETARIAL APPROVAL OF AGREEMENT.— 

12 (A) IN GENERAL.—Not later than 180 

13 days after the date on which the agreement de14 scribed in paragraph (2) is submitted to the 

15 Secretary, the Secretary shall review and ap16 prove or disapprove the agreement. 

17 (B) DETERMINATION.—The Secretary 

18 shall approve the agreement described in para19 graph (2) if the Secretary determines that the 

20 agreement— 

21 (i) equitably accommodates the re22 spective interests of the Fort Belknap In23 dian Community and the Blackfeet Tribe 

24 in the Milk River water rights; 


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1 (ii) adequately considers the factors 

2 described in paragraph (2)(C); 

3 (iii) ensures that an equitable alloca4 tion of the Milk River water rights of the 

5 Fort Belknap Indian Community and the 

6 Blackfeet Tribe under their respective 

7 water rights compacts are timely nego8 tiated; and 

9 (iv) is in accordance with other Fed10 eral law. 

11 (C) EXTENSION.—The time period de12 scribed in subparagraph (A) may be extended 

13 by the Secretary, after consultation with the 

14 Fort Belknap Indian Community and the 

15 Blackfeet Tribe. 

16 (4) SECRETARIAL DIVISION OF WATER

17 RIGHTS.— 

18 (A) IN GENERAL.—If the Fort Belknap In19 dian Community and the Blackfeet Tribe do not 

20 enter into an agreement that is approved by the 

21 Secretary by the date that is 3 years after the 

22 date of enactment of this Act, the Secretary 

23 shall, not later than 4 years after the date of 

24 enactment of this Act, determine the division of 

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1 dian tribes, after consultation with the Fort 

2 Belknap Indian Community and the Blackfeet 

3 Tribe, and taking into consideration the factors 

4 described in paragraph (2)(C). 

5 (B) NO APPEAL.—The decision of the Sec6 retary under subparagraph (A) shall be final 

7 and binding on the Fort Belknap Indian Com8 munity and the Blackfeet Tribe. 

9 (5) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to the Sec11 retary to provide technical, legal, and other related 

12 services necessary to finalize the agreement de13 scribed in paragraph (2), $500,000, to be divided 

14 equally between the Fort Belknap Indian Commu15 nity and the Blackfeet Tribe. 

16 SEC. 6. EXCHANGE, ACQUISITION, AND TRANSFER OF PUB17 LIC LAND INTO TRUST. 

18 (a) EXCHANGE OF STATE LAND.— 

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

20 claims relating to Indian water rights covered by 

21 this Act, the Fort Belknap Indian Community shall 

22 request and agree to the exchange and transfer of 

23 land in accordance with this subsection. 

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

25 enter into negotiations with the State for the purVerDate Mar 15 2010 23:10 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1394.IS S1394

emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

1 pose of exchanging Federal land described in para2 graph (3) for the following parcels of land owned by 

3 the State, located on and off the Reservation: 

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

5 sec. 16. 

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

7 sec. 16. 

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

9 36. 

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

11 16. 

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

13 36. 

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

15 16. 

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

17 36. 

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

19 16. 

20 (I) 640 acres in T. 27 N., R. 23 E., sec. 

21 16. 

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

23 36. 

24 (K) 640 acres in T. 28 N., R. 22 E., sec. 

25 36. 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

1 (L) 640 acres in T. 28 N., R. 23 E., sec. 

2 16. 

3 (M) 640 acres in T. 28 N., R. 24 E., sec. 

4 36. 

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

6 16. 

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

8 36. 

9 (P) 640 acres in T. 28 N., R. 26 E., sec. 

10 16. 

11 (Q) 94.96 acres in T. 28 N., R. 26 E., sec. 

12 36, under lease by the Fort Belknap Commu13 nity Council on the date of enactment of this 

14 Act. 

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

16 sec. 16, excluding the 73.36 acres under lease 

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

18 of this Act. 

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

20 36. 

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

22 16. 

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

24 16. 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

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

2 36. 

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

4 16. 

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

6 36. 

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

8 16. 

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

10 sec. 16, excluding the 58.72 acres under lease 

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

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

14 36. 

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

16 16. 

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

18 36. 

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

20 16. 

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

22 36. 

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

24 16. 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

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

2 sec. 36, under lease by the Fort Belknap Com3 munity Council on the date of enactment of this 

4 Act. 

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

6 36. 

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

8 16. 

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

10 36. 

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

12 sec. 16, lot 4. 

13 (LL) 640 acres in T. 25 N., R. 22 E., sec. 

14 16. 

15 (MM) 600 acres in T. 27 N., R. 20 E., 

16 sec. 36. 

17 (NN) 640 acres in T. 27 N., R. 21 E., sec. 

18 16. 

19 (OO) 640 acres in T. 28 N., R. 21 E., sec. 

20 27. 

21 (PP) 639.04 acres in T. 28 N., R. 22 E., 

22 sec. 16. 

23 (QQ) 543.84 acres in T. 28 N., R. 26 E., 

24 sec. 36, comprised of— 

25 (i) 9.15 acres in lot 1; 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

1 (ii) 13.69 acres in lot 2; 

2 (iii) 18.23 acres in lot 3; 

3 (iv) 22.77 acres in lot 4; 

(v) 40 acres in the NE1 4 ⁄4 of the 

NE1 5 ⁄4; 

(vi) 40 acres in the NE1 6 ⁄4 of the 

NW1 7 ⁄4; 

(vii) 40 acres in the NE1 8 ⁄4 of the 

SE1 9 ⁄4; 

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

SW1 11 ⁄4; 

(ix) 40 acres in the NW1 12 ⁄4 of the 

NE1 13 ⁄4; 

(x) 40 acres in the NW1 14 ⁄4 of the 

SE1 15 ⁄4; 

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

NE1 17 ⁄4; 

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

NW1 19 ⁄4; 

(xiii) 40 acres in the SE1 20 ⁄4 of the 

SE1 21 ⁄4; 

(xiv) 40 acres in the SE1 22 ⁄4 of the 

SW1 23 ⁄4; 

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

NE1 25 ⁄4; and 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

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

SE1 2 ⁄4. 

3 (RR) 73.36 acres in T. 29 N., R. 22 E., 

4 sec. 16, comprised of— 

5 (i) 18.09 acres in lot 1; 

6 (ii) 18.25 acres in lot 2; 

7 (iii) 18.43 acres in lot 3; and 

8 (iv) 18.59 acres in lot 4. 

9 (SS) 58.72 acres in T. 30 N., R. 22 E., 

10 sec. 16, comprised of— 

11 (i) 14.49 acres in lot 9; 

12 (ii) 14.61 acres in lot 10; 

13 (iii) 14.75 acres in lot 11; and 

14 (iv) 14.87 acres in lot 12. 

15 (TT) 369.36 acres in T. 30 N., R. 26 E., 

16 sec. 36, comprised of— 

17 (i) 45.82 acres in lot 1; 

18 (ii) 10.16 acres in lot 2; 

19 (iii) 14.52 acres in lot 3; 

20 (iv) 18.86 acres in lot 4; 

(v) 40 acres in the NE1 21 ⁄4 of the 

NE1 22 ⁄4; 

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

NE1 24 ⁄4; 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

(vii) 40 acres in the SE1 1 ⁄4 of the 

NE1 2 ⁄4; 

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

SE1 4 ⁄4; 

(ix) 40 acres in the NW1 5 ⁄4 of the 

SE1 6 ⁄4; 

(x) 40 acres in the SE1⁄4 of the SE1 7 ⁄4; 

8 and 

(xi) 40 acres in the SW1 9 ⁄4 of the 

SE1 10 ⁄4. 

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

12 8. 

13 (VV) 400 acres in T. 29 N., R. 22 E., sec. 

14 17, comprised of— 

(i) 320 acres in the N1 15 ⁄2; and 

(ii) 80 acres in the N1⁄2 of the SW1 16 ⁄4. 

17 (WW) 120 acres in T. 29 N., R. 22 E., 

18 sec. 18, comprised of— 

(i) 80 acres in the E1⁄2 of the NE1 19 ⁄4; 

20 and 

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

SE1 22 ⁄4. 

23 (3) FEDERAL LAND.— 

24 (A) IN GENERAL.—Notwithstanding any 

25 other provision of law, for purposes of a land 


emcdonald on DSK67QTVN1PROD with BILLS
33 

•S 1394 IS

1 exchange under this subsection, the Secretary 

2 may exchange any Federal land not identified 

3 for disposal pursuant to a resource manage4 ment plan developed under the Federal Land 

5 Policy and Management Act of 1976 (43 U.S.C. 

6 1701 et seq.), including any Bureau of Rec7 lamation land located in section 1, 2, 11, or 12 

8 of T. 31 N., R. 32 E. 

9 (B) COMPLETION.—A land transfer under 

10 subparagraph (A) shall be completed not later 

11 than 10 years after the date of enactment of 

12 this Act. 

13 (4) REQUIREMENTS.— 

14 (A) VALUE.—The Secretary shall ensure 

15 that the value of any Federal land exchanged 

16 for State land under this subsection is equal to 

17 or greater than the value of the State land. 

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

19 State specifically agree otherwise, each land ex20 change under this subsection shall be on a 

21 whole-estate for whole-estate basis. 

22 (5) TOTAL QUANTITY OF STATE LAND TO BE

23 EXCHANGED.— 

24 (A) ON RESERVATION.—The total quantity 

25 of State land located within the boundaries of 


emcdonald on DSK67QTVN1PROD with BILLS
34 

•S 1394 IS

1 the Reservation that may be exchanged under 

2 this subsection is 20,296.1 acres. 

3 (B) OFF RESERVATION.—The total quan4 tity of State land located outside of the bound5 aries of the Reservation that may be trans6 ferred under this subsection is 7,413.24 acres. 

7 (b) FEDERAL LAND TRANSFERS.— 

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

9 claims relating to Indian water rights covered by 

10 this Act, the Fort Belknap Indian Community shall 

11 request and agree to the exchange and transfer of 

12 land in accordance with this subsection. 

13 (2) TRANSFERS.—On selection and request by 

14 the Fort Belknap Indian Community, the Secretary 

15 shall transfer to the United States, to be held in 

16 trust for the Fort Belknap Indian Community, all 

17 Federal land within the parcels described in para18 graph (3)— 

19 (A) with the exception of any land subject 

20 to valid existing private rights, including land 

21 subject to sections 2318 through 2352 of the 

22 Revised Statutes (commonly known as the 

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

24 and 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

1 (B) subject to the condition that any road 

2 that is necessary for customary access to fee 

3 parcels by fee owners or other private rights 

4 within the parcels shall be continued with guar5 anteed access through easements at the cost 

6 and expense of the fee owners. 

7 (3) DESCRIPTION OF PARCELS.—The parcels 

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

9 (A) BUREAU OF LAND MANAGEMENT PAR10 CELS.— 

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

12 sec. 4, comprised of— 

13 (I) 19.55 acres in lot 10; 

14 (II) 19.82 acres in lot 11; and 

15 (III) 20.09 acres in lot 16. 

(ii) 324.24 acres in the N1 16 ⁄2 of T. 25 

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

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

19 E., sec. 9, comprised of— 

(I) 41.11 acres of the E1 20 ⁄4 of the 

NE1 21 ⁄4; and 

(II) 362.45 acres of the S1 22 ⁄2. 

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

24 E., sec. 13. 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

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

2 sec. 14. 

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

4 E., sec. 15. 

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

6 sec. 1, comprised of— 

(I) 80 acres of the S1 7 ⁄2 of the 

NW1 8 ⁄4; and 

(II) 80 acres of the W1 9 ⁄2 of the 

SW1 10 ⁄4. 

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

12 E., sec. 2, comprised of— 

(I) 82.54 acres of the E1 13 ⁄2 of the 

NW1 14 ⁄4; 

(II) 164.96 acres of the NE1 15 ⁄4; 

16 and 

(III) 320 acres of the S1 17 ⁄2. 

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

19 sec. 3, comprised of— 

(I) 40 acres of the SE1 20 ⁄4 of the 

NW1 21 ⁄4; 

(II) 160 acres of the SW1 22 ⁄4; and 

(III) 40 acres of the SW1 23 ⁄4 of the 

SE1 24 ⁄4. 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

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

2 sec. 4, comprised of— 

(I) 80 acres of the E1 3 ⁄2 of the 

SE1 4 ⁄4; and 

(II) 40 acres of the NW1 5 ⁄4 of the 

SE1 6 ⁄4. 

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

8 sec. 5, comprised of— 

(I) 160 acres of the SW1 9 ⁄4; and 

(II) 40 acres of the SW1 10 ⁄4 of the 

NW1 11 ⁄4. 

(xii) 40 acres in the SE1 12 ⁄4 of the 

SE1 13 ⁄4 of T. 26 N., R. 21 E., sec. 6. 

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

15 sec. 8, comprised of— 

(I) 40 acres of the NE1 16 ⁄4 of the 

SW1 17 ⁄4; 

(II) 160 acres of the NW1 18 ⁄4; and 

(III) 40 acres of the NW1 19 ⁄4 of 

the SE1 20 ⁄4. 

(xiv) 320 acres in the E1 21 ⁄2 of T. 26 

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

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

24 sec. 10. 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

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

2 sec. 11, comprised of— 

(I) 320 acres of the N1 3 ⁄2; 

(II) 80 acres of the N1 4 ⁄2 of the 

SE1 5 ⁄4; 

(III) 160 acres of the SW1 6 ⁄4; and 

(IV) 40 acres of the SW1 7 ⁄4 of the 

SE1 8 ⁄4. 

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

10 E., sec. 21, comprised of— 

(I) 160 acres of the NW1 11 ⁄4; and 

(II) 353.49 acres of the S1 12 ⁄2. 

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

14 E., sec. 28. 

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

16 sec. 29, comprised of— 

(I) 320 acres of the N1 17 ⁄2; 

(II) 160 acres of the N1 18 ⁄2 of the 

S1 19 ⁄2; and 

(III) 80 acres of the S1 20 ⁄2 of the 

SE1 21 ⁄4. 

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

23 sec. 32, comprised of— 

(I) 320 acres of the S1 24 ⁄2; and 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

(II) 80 acres of the S1 1 ⁄2 of the 

NW1 2 ⁄4. 

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

4 E., sec. 33, comprised of— 

5 (I) 58.25 acres in lot 3, 58.5 

6 acres in lot 4, and 58.76 acres in lot 

7 5; 

(II) 40 acres of the NW1 8 ⁄4 of the 

NE1 9 ⁄4; 

(III) 160 acres of the SW1 10 ⁄4; and 

(IV) 80 acres of the W1 11 ⁄2 of the 

SE1 12 ⁄4. 

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

14 E., sec. 1, comprised of— 

15 (I) 24.36 acres in lot 1 and 

16 24.35 acres in lot 2; and 

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

SW1 18 ⁄4. 

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

20 E., sec. 2, comprised of 24.34 acres in lot 

21 1, 24.35 acres in lot 2, 24.35 acres in lot 

22 3, and 24.36 acres in lot 4. 

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

24 E., sec. 3, comprised of— 

25 (I) 24.36 acres in lot 1; 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

1 (II) 24.36 acres in lot 2; 

2 (III) 40 acres in lot 8; 

3 (IV) 40 acres in lot 11; and 

4 (V) 40 acres in lot 12. 

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

6 sec. 11, comprised of— 

(I) 40 acres of the NW1 7 ⁄4 of the 

SW1 8 ⁄4; and 

(II) 40 acres of the SW1 9 ⁄4 of the 

NW1 10 ⁄4. 

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

12 E., sec. 12, comprised of— 

(I) 80 acres of the E1 13 ⁄2 of the 

SW1 14 ⁄4; 

(II) 40 acres of the NW1 15 ⁄4 of the 

NW1 16 ⁄4; and 

(III) 40 acres of the S1 17 ⁄2 of the 

NW1 18 ⁄4. 

(xxvii) 38.87 acres in the NW1 19 ⁄4 of 

the SW1 20 ⁄4 of T. 27 N., R. 21 E., sec. 19. 

(xxviii) 40 acres in the SE1 21 ⁄4 of the 

NE1 22 ⁄4 of T. 27 N., R. 21 E., sec. 23. 

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

24 E., sec. 24, comprised of— 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

(I) 80 acres of the E1 1 ⁄2 of the 

NW1 2 ⁄4; 

(II) 160 acres of the NE1 3 ⁄4; 

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

SE1 5 ⁄4; and 

(IV) 40 acres of the SW1 6 ⁄4 of the 

SW1 7 ⁄4. 

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

9 sec. 25, comprised of— 

(I) 80 acres of the S1 10 ⁄2 of the 

NE1 11 ⁄4; and 

(II) 40 acres of the SE1 12 ⁄4 of the 

NW1 13 ⁄4. 

(xxxi) 40 acres in the NE1 14 ⁄4 of the 

SE1 15 ⁄4 of T. 27 N., R. 21 E., sec. 26. 

(xxxii) 160 acres in the NW1 16 ⁄4 of T. 

17 27 N., R. 21 E., sec. 27. 

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

SW1 19 ⁄4 of T. 27 N., R. 21 E., sec. 29. 

(xxxiv) 40 acres in the SW1 20 ⁄4 of the 

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

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

23 E., sec. 33, comprised of 40 acres in the 

SE1⁄4 of the NE1 24 ⁄4 and 80 acres in the 

N1⁄2 of the SE1 25 ⁄4. 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

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

2 E., sec. 34, comprised of— 

(I) 160 acres of the N1 3 ⁄2 of the 

S1 4 ⁄2; 

(II) 160 acres of the NE1 5 ⁄4; 

(III) 80 acres of the S1 6 ⁄2 of the 

NW1 7 ⁄4; and 

(IV) 40 acres of the SE1 8 ⁄4 of the 

SE1 9 ⁄4. 

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

11 22 E., sec. 4, comprised of— 

12 (I) 28.09 acres in lot 5 and 

13 25.35 acres in lot 6; 

14 (II) 40 acres in lot 10; and 

15 (III) 40 acres in lot 15. 

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

17 E., sec. 7, comprised of— 

(I) 40 acres of the NE1 18 ⁄4 of the 

NE1 19 ⁄4; 

(II) 80 acres of the NW1 20 ⁄4 of the 

SW1 21 ⁄4; and 

(III) 80 acres of the W1 22 ⁄2 of the 

NW1 23 ⁄4. 

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

25 E., sec. 8, comprised of— 


emcdonald on DSK67QTVN1PROD with BILLS
43 

•S 1394 IS

(I) 80 acres of the E1 1 ⁄2 of the 

NW1 2 ⁄4; and 

(II) 40 acres of the NE1 3 ⁄4 of the 

SW1 4 ⁄4. 

(xl) 40 acres in the SW1 5 ⁄4 of the 

NW1 6 ⁄4 of T. 27 N., R. 22 E., sec. 9. 

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

SW1 8 ⁄4 of T. 27 N., R. 22 E., sec. 17. 

(xlii) 40 acres in the NW1 9 ⁄4 of the 

NW1 10 ⁄4 of T. 27 N., R. 22 E., sec. 19. 

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

NW1 12 ⁄4 of T. 27 N., R22 E., sec. 20. 

(xliv) 80 acres in the W1 13 ⁄2 of the 

SE1 14 ⁄4 of T. 27 N., R. 22 E., sec. 31. 

(xlv) 52.36 acres in the SE1 15 ⁄4 of the 

SE1 16 ⁄4 of T. 27 N., R. 22 E., sec. 33. 

(xlvi) 40 acres in the NE1 17 ⁄4 of the 

SW1 18 ⁄4 of T. 28 N., R. 22 E., sec. 29. 

(xlvii) 40 acres in the NE1 19 ⁄4 of the 

NE1 20 ⁄4 of T. 26 N., R. 21 E., sec. 7. 

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

NW1 22 ⁄4 of T. 26 N., R. 21 E., sec. 12. 

(xlix) 42.38 acres in the NW1 23 ⁄4 of the 

NE1 24 ⁄4 of T. 26 N., R. 22 E., sec. 6. 


emcdonald on DSK67QTVN1PROD with BILLS
44 

•S 1394 IS

(l) 320 acres in the E1 1 ⁄2 of T. 26 N., 

2 R. 22 E., sec. 17. 

(li) 80 acres in the E1⁄2 of the NE1 3 ⁄4

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

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

6 sec. 30, comprised of— 

(I) 80 acres of the E1 7 ⁄2 of the 

NE1 8 ⁄4; 

(II) 80 acres of the N1 9 ⁄2 of the 

SE1 10 ⁄4; 

(III) 40 acres of the SE1 11 ⁄4 of the 

NW1 12 ⁄4; and 

(IV) 40 acres of the SW1 13 ⁄4 of the 

NE1 14 ⁄4. 

15 (B) DEPARTMENT OF AGRICULTURE PAR16 CELS.—The parcels of approximately 3,519.3 

17 acres of trust land that has been converted to 

18 fee land, judicially foreclosed on, and acquired 

19 by the Department of Agriculture described in 

20 clauses (i) through (iii). 

21 (i) BENJAMIN KIRKALDIE.—640 acres 

22 in T. 29 N., R. 26 E., Principal Meridian, 

23 Montana (PMM), comprised of— 

(I) the SW1 24 ⁄4 of sec. 27; 

(II) the NE1 25 ⁄4 of sec. 33; and 


emcdonald on DSK67QTVN1PROD with BILLS
45 

•S 1394 IS

(III) the W1 1 ⁄2 of sec. 34. 

2 (ii) EMMA LAMEBULL.—320 acres in 

the N1 3 ⁄2 of T. 30 N., R. 23 E., sec. 28, 

4 PMM. 

5 (iii) ALFRED MINUGH.—2,559.3 acres 

6 comprised of— 

7 (I) T. 28 N., R. 24 E., PMM, in8 cluding— 

(aa) the E1⁄2, W1⁄2, E1 9 ⁄2, 

W1⁄2, W1⁄2, NE1⁄4, the E1⁄2, E1 10 ⁄2, 

W1⁄2, W1⁄2, NE1⁄4, the E1⁄2, W1 11 ⁄2, 

NE1⁄4, the W1⁄2, E1⁄2, NE1 12 ⁄4, the 

W1⁄2, E1⁄2, E1⁄2, NE1⁄4, the W1 13 ⁄2, 

W1⁄2, E1⁄2, E1⁄2, E1⁄2, NE1 14 ⁄4, and 

the SE1 15 ⁄4 of sec. 16; 

16 (bb) all of sec. 21; 

(cc) the S1 17 ⁄2 of sec. 22; and 

(dd) the W1 18 ⁄2 of sec. 27; 

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

20 including— 

(aa) the S1 21 ⁄2 of sec. 1; and 

(bb) the N1 22 ⁄2 of sec. 12; 

23 (III) T. 29 N., R. 26 E., PMM, 

24 sec. 6, lot 2; 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

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

2 including— 

3 (aa) sec. 3, lot 2; 

(bb) the SW1⁄4 of the SW1 4 ⁄4

5 of sec. 4; 

(cc) the E1⁄2 of the SE1 6 ⁄4 of 

7 sec. 5; 

(dd) the S1⁄2 of the SE1 8 ⁄4 of 

9 sec. 7; and 

(ee) the N1⁄2, N1⁄2, NE1 10 ⁄4 of 

11 sec. 18; and 

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

the NW1⁄4 of the SE1 13 ⁄4 of sec. 31. 

14 (C) GRINNELL LANDS.—The following par15 cels, known as the ‘‘Grinnell Lands’’: 

16 (i) 275.55 acres in T. 25 N., R. 24 

17 E., sec. 11, exterior to CERCLA boundary. 

18 (ii) 547.20 acres in T. 25 N., R. 24 

19 E., sec. 1, exterior to CERCLA boundary, 

20 comprised of— 

21 (I) lots 1 through 12; and 

(II) 160 acres of the SW1 22 ⁄4. 

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

24 E., sec. 2, comprised of— 

25 (I) lots 1 through 12; 


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•S 1394 IS

1 (II) 40 acres in each of– 

2 (aa) the SESW; 

3 (bb) the SWSW; 

4 (cc) the NESW; and 

5 (dd) the NWSW; and 

(III) 135.73 acres of the SE1 6 ⁄4. 

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

8 E., sec. 3, comprised of— 

9 (I) lots 5 through 15; and 

(II) 160 acres of the SE1 10 ⁄4. 

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

12 E., sec. 10, comprised of— 

13 (I) lot 5; and 

(II) 80 acres of the N1 14 ⁄2 of the 

NE1 15 ⁄4. 

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

17 E., sec. 12, exterior to CERCLA boundary, 

18 comprised of— 

19 (I) lots 14 and 15; and 

(II) 80 acres of the N1 20 ⁄2 of the 

NW1 21 ⁄4. 

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

23 E., sec. 16, comprised of— 

24 (I) lots 9 through 12; and 


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•S 1394 IS

(II) 160 acres of the S1 1 ⁄2 of the 

S1 2 ⁄2. 

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

4 E., sec. 17, comprised of— 

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

(II) 40 acres of the NW1 6 ⁄4 of the 

SE1 7 ⁄4; 

(III) 80 acres of the N1 8 ⁄2 of the 

SW1 9 ⁄4; and 

(IV) 160 acres of the S1 10 ⁄2 of the 

S1 11 ⁄2. 

(ix) 320 acres in the W1 12 ⁄2 of T. 25 N., 

13 R. 24 E., sec. 21, exterior to CERCLA 

14 boundary. 

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

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

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

18 E., sec. 3, comprised of— 

19 (I) lots 4 through 17; 

20 (II) 40 acres of the NW1⁄4 of the 

SE1 21 ⁄4; and 

(III) 160 acres of the SW1 22 ⁄4. 

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

24 E., sec. 4, comprised of— 

25 (I) lots 1 through 12; and 


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•S 1394 IS

(II) 320 acres of the S1 1 ⁄2. 

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

3 E., sec. 5, comprised of— 

4 (I) lots 1 through 12; and 

(II) 320 acres of the S1 5 ⁄2. 

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

7 E., sec. 6, exterior to CERCLA boundary, 

8 comprised of— 

9 (I) lots 1 through 12; and 

(II) 160 acres of the SE1 10 ⁄4. 

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

12 sec. 8, exterior to CERCLA boundary, 

13 comprised of— 

(I) 320 acres of the N1 14 ⁄2; and 

(II) 160 acres of the SE1 15 ⁄4. 

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

17 sec. 9. 

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

19 E., sec. 10, comprised of— 

20 (I) lots 6 through 10; and 

(II) 80 acres of the W1 21 ⁄2 of the 

NW1 22 ⁄4. 

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

24 E., sec. 22. 


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•S 1394 IS

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

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

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

4 E., sec. 25, comprised of— 

5 (I) lots 5 through 10; 

(II) 160 acres of the SW1 6 ⁄4; 

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

NW1 8 ⁄4; and 

(IV) 80 acres of the W1 9 ⁄2 of the 

SE1 10 ⁄2. 

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

12 E., sec. 26, comprised of— 

13 (I) lots 2 through 5; 

(II) 320 acres of the S1 14 ⁄2; and 

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

N1 16 ⁄2. 

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

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

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

20 24 E., sec. 34, comprised of— 

21 (I) lots 5 through 8; 

(II) 160 acres of the E1 22 ⁄2 of the 

E1 23 ⁄2; and 

(III) 40 acres of the SW1 24 ⁄4 of the 

SE1 25 ⁄4. 


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•S 1394 IS

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

2 E., sec. 35. 

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

4 sec. 36. 

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

6 sec. 25. 

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

8 25 E., sec. 26, comprised of lots 6 through 

9 15. 

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

11 25 E., sec. 27, comprised of lots 5 through 

12 12. 

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

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

15 12. 

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

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

18 12. 

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

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

21 13. 

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

23 25 E., sec. 31, comprised of— 

24 (I) lots 1 through 4; 

(II) 320 acres of the E1 25 ⁄2; and 


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•S 1394 IS

(III) 160 acres of the E1 1 ⁄2 of the 

W1 2 ⁄2. 

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

4 E., sec. 32. 

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

6 E., sec. 33. 

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

8 E., sec. 34. 

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

10 25 E., sec. 35, comprised of— 

11 (I) lots 5 through 10; 

(II) 80 acres of the N1 12 ⁄2 of the 

SW1 13 ⁄4; 

(III) 160 acres of the NW1 14 ⁄4; and 

(IV) 40 acres of the SW1 15 ⁄4 of the 

SW1 16 ⁄4. 

17 (D) DODSON LAND.— 

18 (i) IN GENERAL.—Subject to clause 

19 (ii), the approximately 2,573.79 acres of 

20 land owned by the United States on the 

21 northeast corner of the Reservation and 

22 described in clause (iii) shall be transferred 

23 by the United States to the Fort Belknap 

24 Indian Community without charge, to be 

25 held in trust by the United States for the 


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•S 1394 IS

1 benefit of the Fort Belknap Indian Com2 munity. 

3 (ii) RESTRICTIONS.— 

4 (I) IN GENERAL.—A transfer 

5 under this subparagraph shall not 

6 occur unless and until a cooperative 

7 agreement has been negotiated among 

8 the Bureau of Reclamation, the Bu9 reau of Indian Affairs, and the Fort 

10 Belknap Indian Community— 

11 (aa) to ensure that the Bu12 reau of Reclamation and any suc13 cessor in interest, including the 

14 Malta Irrigation District, shall 

15 retain adequate rights-of-way to 

16 operate and maintain, consistent 

17 with all applicable laws and any 

18 delivery contracts in effect on the 

19 date of enactment of this Act, 

20 the Milk River Project and facili21 ties of the Milk River Project, in22 cluding the Dodson Diversion 

23 Dam and the Dodson South 

24 Canal within the Dodson land; 


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•S 1394 IS

1 (bb) to manage and imple2 ment the planning, design, and 

3 construction activities described 

4 in this section; and 

5 (cc) to agree on the uses to 

6 which the Fort Belknap Indian 

7 Community may put the land de8 scribed in clause (iii). 

9 (II) MILK RIVER PROJECT.—The 

10 transfer of the Dodson land shall be 

11 subject to— 

12 (aa) the right of ingress and 

13 egress by personnel of the Bu14 reau of Reclamation, the Malta 

15 Irrigation District, and other au16 thorized personnel for Milk River 

17 Project purposes; 

18 (bb) all existing rights-of19 way of record or in use for Milk 

20 River Project facilities and for 

21 access to those facilities for Milk 

22 River Project purposes, as deter23 mined by the Bureau of Reclama24 tion, the Malta Irrigation DisVerDate Mar 15 2010 23:10 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1394.IS S1394

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•S 1394 IS

1 trict, and authorized personnel; 

2 and 

3 (cc) the right of the Bureau 

4 of Reclamation and Malta Irriga5 tion District— 

6 (AA) to seep, flood, and 

7 overflow the transferred land 

8 for Milk River Project pur9 poses; and 

10 (BB) to prohibit the 

11 construction of permanent 

12 structures on the transferred 

13 land, except as provided for 

14 in the cooperative agreement 

15 to be executed under this 

16 clause and except to meet 

17 the requirements of the irri18 gation project. 

19 (iii) DESCRIPTION OF LAND.—The 

20 Dodson land to be transferred is comprised 

21 of— 

22 (I) 343.98 acres in T. 30 N., R. 

23 26 E., sec. 1, comprised of— 

24 (aa) 10.15 acres in lot 10; 

25 (bb) 37.96 acres in lot 11; 


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•S 1394 IS

1 (cc) 37.90 acres in the 

NE1⁄4 of the SW1 2 ⁄4; 

3 (dd) 10.06 acres in the 

NW1⁄4 of the NW1 4 ⁄4; 

(ee) 40 acres in the NW1 5 ⁄4

of the SE1 6 ⁄4; 

(ff) 2.18 acres in the SE1 7 ⁄4

of the NW1 8 ⁄4; 

9 (gg) 30.20 acres in the 

SE1⁄4 of the SE1 10 ⁄4; 

11 (hh) 34.54 acres in the 

SE1⁄4 of the SW1 12 ⁄4; 

(ii) 23.30 acres in the SW1 13 ⁄4

of the NE1 14 ⁄4; 

(jj) 15.76 acres in the SW1 15 ⁄4

of the NW1 16 ⁄4; 

17 (kk) 32.17 acres in the 

SW1⁄4 of the SE1 18 ⁄4; and 

(ll) 33 acres in the SW1 19 ⁄4 of 

the SW1 20 ⁄4; 

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

22 26 E., sec. 2, comprised of— 

23 (aa) 15.79 acres in the 

NE1⁄4 of the NE1 24 ⁄4; and 


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•S 1394 IS

(bb) 0.02 acres in the SE1 1 ⁄4

of the NE1 2 ⁄4; 

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

4 25 14 E., sec. 13, lot 5; 

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

6 26 E., sec. 17, comprised of— 

7 (aa) 7.72 acres in lot 7; 

8 (bb) 6.98 acres in lot 8; 

9 (cc) 11.40 acres in lot 9; 

10 (dd) 2.34 acres in lot 10; 

11 (ee) 27.49 acres in lot 11; 

12 (ff) 30.60 acres in lot 12; 

13 (gg) 13.26 acres in lot 13; 

14 and 

15 (hh) 34.22 acres in lot 14; 

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

17 26 E., sec. 18, comprised of— 

18 (aa) 26.64 acres in lot 9; 

19 (bb) 21.16 acres in lot 10; 

20 (cc) 12.12 acres in lot 11; 

21 (dd) 21 acres in lot 13; 

22 (ee) 28.76 acres in lot 14; 

23 (ff) 12.92 acres in the 

NW1⁄4 of the SW1 24 ⁄4; 


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•S 1394 IS

1 (gg) 23.80 acres in the 

SE1⁄4 of the SW1 2 ⁄4; and 

(hh) 3.67 acres in the SW1 3 ⁄4

of the SW1 4 ⁄4; 

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

6 26 E., sec. 19, comprised of— 

7 (aa) 27.66 acres in the 

NE1⁄4 of the NE1 8 ⁄4; 

(bb) 4.67 acres in the NW1 9 ⁄4

of the NE1 10 ⁄4; and 

(cc) 27.97 acres in the SE1 11 ⁄4

of the NE1 12 ⁄4; 

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

14 R. 26 E., sec. 20, comprised of— 

15 (aa) 39.29 acres in lot 2; 

16 (bb) 39.03 acres in lot 3; 

17 (cc) 37.21 acres in lot 4; 

18 (dd) 17.17 acres in the 

NE1⁄4 of the NW1 19 ⁄4; 

(ee) 40 acres in the NE1 20 ⁄4 of 

the SE1 21 ⁄4; 

(ff) 24.34 acres in the NE1 22 ⁄4

of the SW1 23 ⁄4; 

(gg) 8.54 acres in the NW1 24 ⁄4

of the NW1 25 ⁄4; 


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•S 1394 IS

1 (hh) 37.20 acres in the 

NW1⁄4 of the SE1 2 ⁄4; 

(ii) 18.94 acres in the SE1 3 ⁄4

of the NW1 4 ⁄4; 

(jj) 40 acres in the SE1 5 ⁄4 of 

the SE1 6 ⁄4; 

7 (kk) 38.65 acres in the 

SW1⁄4 of the NE1 8 ⁄4; 

(ll) 40 acres in the SW1 9 ⁄4 of 

the NW1 10 ⁄4; and 

(mm) 40 acres in the SW1 11 ⁄4

of the SE1 12 ⁄4; 

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

14 R. 26 E., sec. 21, comprised of— 

15 (aa) 19.29 acres in lot 4; 

16 (bb) 11.12 acres in lot 7; 

17 (cc) 20.08 acres in lot 8; 

18 (dd) 19.11 acres in lot 10; 

19 (ee) 29.72 acres in lot 11; 

20 (ff) 39 acres in lot 12; 

21 (gg) 26.93 acres in lot 13; 

(hh) 40 acres in the NW1 22 ⁄4

of the SW1 23 ⁄4; 

(ii) 40 acres in the SE1 24 ⁄4 of 

the SW1 25 ⁄4; 


emcdonald on DSK67QTVN1PROD with BILLS
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•S 1394 IS

(jj) 40 acres in the SW1 1 ⁄4 of 

the SW1 2 ⁄4; and 

(kk) 40 acres in the SW1 3 ⁄4

of the SE1 4 ⁄4; 

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

6 26 E., sec. 22, comprised of— 

7 (aa) 25.87 acres in lot 5; 

8 (bb) 32.01 acres in lot 6; 

9 (cc) 27.49 acres in lot 7; 

10 and 

11 (dd) 12.68 acres in lot 8; 

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

13 26 E., sec. 26, comprised of— 

14 (aa) 35.32 acres in lot 3; 

15 (bb) 24.34 acres in lot 6; 

(cc) 40 acres in the NW1 16 ⁄4

of the SW1 17 ⁄4; 

18 (dd) 16.60 acres in the 

SE1⁄4 of the SW1 19 ⁄4; 

20 (ee) 24.20 acres in the 

SW1⁄4 of the SE1 21 ⁄4; 

(ff) 0.12 acres in the SE1 22 ⁄4

of the SE1 23 ⁄4; and 

24 (gg) 15.63 acres in the 

SW1⁄4 of the SW1 25 ⁄4; 


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•S 1394 IS

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

2 R. 26 E., sec. 27, comprised of— 

3 (aa) 32.05 acres in lot 4; 

4 (bb) 39.32 acres in lot 5; 

5 (cc) 19.89 acres in lot 6; 

6 (dd) 39.97 acres in lot 7; 

7 (ee) 21.75 acres in lot 8; 

(ff) 40 acres in the NE1 8 ⁄4 of 

the SE1 9 ⁄4; 

(gg) 40 acres in the NE1 10 ⁄4

of the SW1 11 ⁄4; 

(hh) 40 acres in the NW1 12 ⁄4

of the SE1 13 ⁄4; 

(ii) 40 acres in the NW1 14 ⁄4 of 

the SW1 15 ⁄4; 

(jj) 40 acres in the SE1 16 ⁄4 of 

the NW1 17 ⁄4; 

18 (kk) 11.52 acres in the 

SE1⁄4 of the SE1 19 ⁄4; 

(ll) 3.38 acres in the SE1 20 ⁄4

of the SW1 21 ⁄4; 

22 (mm) 35.55 acres in the 

SW1⁄4 of the NW1 23 ⁄4; 

(nn) 7.48 acres in the SW1 24 ⁄4

of the SE1 25 ⁄4; and 


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•S 1394 IS

1 (oo) 30.08 acres in the 

SW1⁄4 of the SW1 2 ⁄4; 

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

4 R. 26 E., sec. 28, comprised of— 

5 (aa) 39.97 acres in lot 1; 

6 (bb) 11.63 acres in the 

NE1⁄4 of the NW1 7 ⁄4; 

8 (cc) 30.76 acres in the 

NE1⁄4 of the SE1 9 ⁄4; 

10 (dd) 34.26 acres in the 

NW1⁄4 of the NE1 11 ⁄4; 

12 (ee) 13.04 acres in the 

NW1⁄4 of the SE1 13 ⁄4; 

(ff) 12.36 acres in the SE1 14 ⁄4

of the NE1 15 ⁄4; 

(gg) 7.29 acres in the SE1 16 ⁄4

of the NE1 17 ⁄4; 

(hh) 2.98 acres in the SE1 18 ⁄4

of the SE1 19 ⁄4; and 

(ii) 17.29 acres in the SW1 20 ⁄4

of the NE1 21 ⁄4; 

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

23 R. 26 E., sec. 29, comprised of— 

24 (aa) 32.97 acres in the 

NE1⁄4 of the NE1 25 ⁄4; and 


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•S 1394 IS

1 (bb) 26.37 acres in the 

NW1⁄4 of the NE1 2 ⁄4; 

3 (XIV) 136.08 acres in T. 31 N., 

4 R. 26 E., sec. 35, comprised of— 

5 (aa) 24.59 acres in the 

NE1⁄4 of the NE1 6 ⁄4; 

7 (bb) 35.52 acres in the 

NE1⁄4 of the SE1 8 ⁄4; 

(cc) 1.54 acres in the NW1 9 ⁄4

of the SE1 10 ⁄4; 

(dd) 5.57 acres in the NW1 11 ⁄4

of the NE1 12 ⁄4; 

(ee) 40 acres in the SE1 13 ⁄4 of 

the NE1 14 ⁄4; 

(ff) 24.20 acres in the SE1 15 ⁄4

of the SE1 16 ⁄4; and 

(gg) 4.66 acres in the SW1 17 ⁄4

of the NE1 18 ⁄4; and 

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

20 26 E., sec. 36, comprised of— 

21 (aa) 15.43 acres in lot 10; 

22 (bb) 30.15 acres in lot 11; 

23 and 

24 (cc) 11.29 acres in the 

SW1⁄4 of the NW1 25 ⁄4. 


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•S 1394 IS

1 (4) EXISTING RIGHTS AND USES.— 

2 (A) USES.— 

3 (i) IN GENERAL.—Subject to clause 

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

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

6 on land transferred under this subsection, 

7 as in effect on the date of the transfer, 

8 shall remain in effect until the date on 

9 which the lease, permit, or right-of-way ex10 pires. 

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

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

13 right-of-way requests an earlier termi14 nation of the lease, permit, or right-of-way, 

15 in accordance with existing law. 

16 (B) IMPROVEMENTS.—Any improvements 

17 constituting personal property, as defined by 

18 State law, on the land by the holder of the 

19 lease, permit, or right-of-way shall remain the 

20 property of the holder and shall be removed not 

21 later than 90 days after the date on which the 

22 lease, permit, or right-of-way expires, unless the 

23 Fort Belknap Indian Community and the hold24 er agree otherwise. 


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•S 1394 IS

1 (C) PAYMENTS.—The Secretary shall dis2 burse to the Fort Belknap Indian Community 

3 any amounts that accrue to the United States 

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

5 described in subparagraphs (A), (B), (C), and 

6 (D) of paragraph (3) from any sale, bonus, roy7 alty, or rental relating to that land in the same 

8 manner as amounts received from other land 

9 held by the Secretary in trust for the Fort 

10 Belknap Indian Community. 

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

12 land under this subsection— 

13 (A) unless the United States or the Fort 

14 Belknap Indian Community request an addi15 tional survey for the transferred land, the de16 scription of land set forth in this section shall 

17 be controlling; 

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

19 and the Fort Belknap Indian Community shall 

20 jointly provide for the survey of the land, in21 cluding any mining claims; and 

22 (C) the descriptions set forth in this sec23 tion or any survey under subparagraph (B) 

24 shall control the total acreage to be transferred. 

25 (6) DATE OF TRANSFER.— 


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•S 1394 IS

1 (A) IN GENERAL.—A transfer of land to 

2 the United States to be held in trust for the 

3 Fort Belknap Indian Community under this 

4 subsection shall take effect on the issuance of 

5 a trust deed, which shall be issued as expedi6 tiously as practicable after notice of the en7 forceability date is published in the Federal 

8 Register, except that all transfers shall be com9 pleted not later than 10 years after the date of 

10 enactment of this Act. 

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

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

13 10 relating to land described in subparagraph 

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

15 of the land transfers for land described in sub16 paragraph (A) are complete. 

17 (7) TOTAL AMOUNT OF FEDERAL LAND TO BE

18 TRANSFERRED.—The total amount of Federal land, 

19 including the Grinnell land, to be transferred under 

20 subsections (A), (B), and (C) of paragraph (3) is 

21 28,265 acres. 

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

23 Reservation that has been or is foreclosed on by the 

24 United States shall be transferred to the United States 


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67 

•S 1394 IS

1 to be held in trust for the Fort Belknap Indian Commu2 nity. 

3 (d) IMPACTS ON LOCAL GOVERNMENTS.—The Sec4 retary may, at the discretion of the Secretary, try to en5 sure that land to be exchanged under this section is se6 lected in a manner that minimizes the financial impact 

7 of the exchange on local governments. 

8 (e) WATER RIGHTS.— 

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

10 the applicable transfer of land to the United States 

11 to be held in trust for the Fort Belknap Indian 

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

13 or fee land transferred under this section is subject 

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

15 transfer, the Fort Belknap Indian Community shall 

16 be the successor in interest with respect to the water 

17 right, in accordance with the terms and conditions 

18 that applied to the predecessor in interest. 

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

20 transferred under this section shall be the basis for 

21 any claim by the Fort Belknap Indian Community 

22 to any new, additional, or supplemental Federal re23 served water right. 

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

25 by the United States under this section shall be transVerDate Mar 15 2010 23:10 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1394.IS S1394

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•S 1394 IS

1 ferred, subject to applicable laws (including regulations), 

2 without charge, to the United States, to be held in trust 

3 for the Fort Belknap Indian Community, pursuant to such 

4 method of conveyance as the Secretary determines to be 

5 necessary. 

6 (g) JURISDICTION OF GRINNELL LAND.— 

7 (1) IN GENERAL.—Notwithstanding any other 

8 provision of Federal law, the Fort Belknap Indian 

9 Community Council shall have jurisdiction over 

10 hunting and fishing and natural resource manage11 ment on the Grinnell land described in subsection 

12 (b)(3)(C) on the date on which the conditions de13 scribed in paragraph (2) are met. 

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

15 paragraph (1) are that the Fort Belknap Indian 

16 Community Council shall adopt— 

17 (A) hunting and fishing regulations that 

18 grant nontribal members equivalent rights and 

19 privileges to those that nontribal members enjoy 

20 under the hunting and fishing laws (including 

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

22 date of enactment of this Act, including rights 

23 relating to permit fees and bag limits; and 

24 (B) public recreational access regulations 

25 that grant nontribal members equivalent rights 


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•S 1394 IS

1 of access for recreational purposes that non2 tribal members enjoy under Federal law (in3 cluding regulations), as in effect on the as of 

4 the date of enactment of this Act. 

5 (3) AMENDMENTS.—All regulations promul6 gated by the Fort Belknap Indian Community Coun7 cil under this subsection shall be approved by the 

8 Secretary after providing the State with notice and 

9 an opportunity to comment. 

10 (4) NOTIFICATION AFTER FEDERAL OR STATE

11 AMENDMENT.— 

12 (A) IN GENERAL.—If the Federal or State 

13 hunting and fishing or recreational access laws 

14 (including regulations) are amended after the 

15 date on which jurisdiction over those laws on 

16 the Grinnell land is transferred to the Fort 

17 Belknap Indian Community Council under this 

18 subsection, the head of the appropriate Federal 

19 or State agency, as applicable, shall promptly 

20 notify the Fort Belknap Indian Community 

21 Council of the amendment. 

22 (B) RESPONSE.— 

23 (i) IN GENERAL.—Not later than 60 

24 days after the date on which notification is 

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1 munity Council under subparagraph (A), 

2 the Fort Belknap Indian Community 

3 Council shall amend, subject to approval 

4 by the Secretary, the regulations of the 

5 Fort Belknap Indian Community Council 

6 to comply with the amended law. 

7 (ii) FAILURE TO RESPOND.—If the 

8 Fort Belknap Indian Community Council 

9 fails to comply with clause (i), regulatory 

10 jurisdiction shall revert to the United 

11 States under paragraph (1) until— 

12 (I) such time as the regulations 

13 of the Fort Belknap Indian Commu14 nity comply with the amended Federal 

15 or State law (including regulations); 

16 and 

17 (II) the date that is not more 

18 than 25 years after the date of enact19 ment of this Act. 

20 (5) REGULATION BY FORT BELKNAP INDIAN

21 COMMUNITY COUNCIL.—Notwithstanding any other 

22 provision of law, on the date that is 25 years after 

23 the date of enactment of this Act, the Fort Belknap 

24 Indian Community Council, subject to approval by 


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1 the Secretary, shall be free to regulate the Grinnell 

2 land according to tribal law. 

3 SEC. 7. LAKE ELWELL. 

4 (a) STORAGE ALLOCATION OF WATER TO FORT

5 BELKNAP INDIAN COMMUNITY.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the Secretary shall permanently al8 locate to the Fort Belknap Indian Community, 

9 20,000 acre-feet per year of stored water for use by 

10 the Fort Belknap Indian Community for any bene11 ficial purpose on or off the Reservation, under a 

12 water right held by the United States and managed 

13 by the Bureau of Reclamation, as measured— 

14 (A) at the outlet works of the Tiber Dam; 

15 or 

16 (B) through direct release to the Marias 

17 River from the Tiber Dam. 

18 (2) SOURCE OF ALLOCATION.— 

19 (A) IN GENERAL.—The Fort Belknap In20 dian Community shall take the allocation under 

21 paragraph (1) from the active pool or the inac22 tive conservation pool of the reservoir as needed 

23 to satisfy the complete annual allocation of the 

24 Fort Belknap Indian Community of Lake 

25 Elwell water. 


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1 (B) PRIORITY.—The Fort Belknap Indian 

2 Community allocation under paragraph (1) 

3 shall take priority over in-stream flow and rec4 reational uses. 

5 (b) TREATMENT.— 

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

7 Belknap Indian Community under subsection (a) 

8 shall be considered to be part of the tribal water 

9 right. 

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

11 allocation to the Fort Belknap Indian Community 

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

13 Lake Elwell water right held by the Bureau of Rec14 lamation. 

15 (3) ADMINISTRATION.— 

16 (A) IN GENERAL.—The Fort Belknap In17 dian Community shall administer the water al18 located under subsection (a) in accordance with 

19 the Compact and this Act. 

20 (B) TEMPORARY TRANSFER.—In accord21 ance with subsection (d), the Fort Belknap In22 dian Community may temporarily transfer by 

23 service contract, lease, exchange, or other 

24 agreement the water allocated under subsection 

25 (a) off the Reservation, subject to the approval 


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1 of the Secretary and the requirements of the 

2 Compact. 

3 (C) EXCEPTION.—Notwithstanding sub4 paragraph (A), paragraphs (1) through (3) of 

5 article IV(A)(5)(b) of the Compact shall not 

6 apply to the annual allocations under this sub7 section, except to the extent that article limits 

8 the use of the allocation to a location within the 

9 Missouri River Basin. 

10 (c) ALLOCATION AGREEMENT.— 

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

12 an allocation under this section, the Fort Belknap 

13 Indian Community shall enter into an agreement 

14 with the Secretary to establish the terms and condi15 tions of the allocation, in accordance with the Com16 pact and this Act. 

17 (2) INCLUSIONS.—The agreement under para18 graph (1) shall include provisions that— 

19 (A) the agreement shall be without limit as 

20 to term; 

21 (B) the Fort Belknap Indian Community, 

22 and not the United States, shall be entitled to 

23 all consideration due to the Fort Belknap In24 dian Community under any lease, contract, or 


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1 agreement entered into by the Fort Belknap In2 dian Community pursuant to subsection (d); 

3 (C) the United States shall have no obliga4 tion to monitor, administer, or account for— 

5 (i) any funds received by the Fort 

6 Belknap Indian Community as consider7 ation under any lease, contract, or agree8 ment entered into by the Fort Belknap In9 dian Community pursuant to subsection 

10 (d); or 

11 (ii) the expenditure of those funds; 

12 (D) if the capacity or function of Lake 

13 Elwell facilities are significantly reduced, or are 

14 anticipated to be significantly reduced, for an 

15 extended period of time, the Fort Belknap In16 dian Community shall have the same storage 

17 rights as other storage contractors with respect 

18 to the allocation under this section; 

19 (E) the costs associated with the construc20 tion of the storage facilities at Tiber Dam allo21 cable to the Fort Belknap Indian Community 

22 shall be— 

23 (i) nonreimbursable; and 


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1 (ii) excluded from any repayment obli2 gation of the Fort Belknap Indian Com3 munity; 

4 (F) the water service capital charge shall 

5 be due or payable for any water allocated to the 

6 Fort Belknap Indian Community pursuant to 

7 this section or the allocation agreement, regard8 less of whether that water is delivered for use 

9 by the Fort Belknap Indian Community or 

10 under a lease, contract, or by agreement en11 tered into by the Fort Belknap Indian Commu12 nity pursuant to subsection (b)(3); 

13 (G) the Fort Belknap Indian Community 

14 shall not be required to make payments to the 

15 United States for any water allocated to the 

16 Fort Belknap Indian Community under this Act 

17 or the allocation agreement, except for each 

18 acre-foot of stored water leased or sold for in19 dustrial purposes as described in subparagraph 

20 (H); and 

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

22 leased or sold by the Fort Belknap Indian Com23 munity for industrial purposes— 

24 (i) the Fort Belknap Indian Commu25 nity shall pay annually to the United 


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1 States an amount necessary to cover the 

2 proportional share of the annual operation, 

3 maintenance, and replacement costs allo4 cable to the quantity of water leased or 

5 sold by the Fort Belknap Indian Commu6 nity for industrial purposes; and 

7 (ii) the annual payments of the Fort 

8 Belknap Indian Community shall be re9 viewed and adjusted, as appropriate, to re10 flect the actual operation, maintenance, 

11 and replacement costs for Tiber Dam. 

12 (d) AGREEMENTS BY THE FORT BELKNAP INDIAN

13 COMMUNITY.—The Fort Belknap Indian Community may 

14 use, lease, contract, exchange, or enter into other agree15 ments for use of the water allocated to the Fort Belknap 

16 Indian Community under subsection (a) if— 

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

18 an agreement occurs within the Missouri River 

19 Basin; and 

20 (2) the agreement does not permanently alien21 ate any water allocated to the Fort Belknap Indian 

22 Community under subsection (a). 

23 (e) EFFECTIVE DATE.—The allocation under sub24 section (a) takes effect on the enforceability date. 


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1 (f) PROHIBITION ON INCREASE.—The allocation 

2 under subsection (a) shall not be increased by any year3 to-year carryover storage. 

4 (g) WATER DEVELOPMENT AND DELIVERY COSTS.— 

5 (1) OBLIGATION TO PROVIDE FACILITY FOR

6 TRANSPORT TO THE RESERVATION.—Except as oth7 erwise provided in this Act, the United States shall 

8 have no obligation under this Act to provide any fa9 cility for the transport to the Reservation or any 

10 other location of the water allocated under this sec11 tion to the Fort Belknap Indian Community related 

12 to the release of tribal water rights from Lake 

13 Elwell Dam and Reservoir in accordance with a re14 quest from the Fort Belknap Indian Community. 

15 (2) DEVELOPMENT AND DELIVERY COSTS.—Ex16 cept for the use of Federal amounts made available 

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

18 pay the cost of developing or delivering to the Res19 ervation any water allocated under subsection (a). 

20 (h) SECTION NOT PRECEDENTIAL.—The provisions 

21 of this section regarding the allocation of water resources 

22 from Lake Elwell to the Fort Belknap Indian Community 

23 shall not be construed as precedent in the litigation or set24 tlement of any other Indian water rights claim. 


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1 SEC. 8. MILK RIVER PROJECT. 

2 (a) MILK RIVER PROJECT MODIFICATIONS.— 

3 (1) PROCEDURES.— 

4 (A) IN GENERAL.—The Commissioner of 

5 Reclamation, in consultation with the Assistant 

6 Secretary for Indian Affairs, the Fort Belknap 

7 Indian Community, the Joint Board, and other 

8 affected stakeholders, shall modify the oper9 ating procedures of the Milk River Project as 

10 the Commissioner determines to be necessary to 

11 ensure that the Fresno Reservoir is operated in 

12 accordance with article III.A.2 and article IV.E 

13 of the Compact. 

14 (B) 1946 FRESNO RESERVOIR AGREE15 MENT.— 

16 (i) IN GENERAL.—The Commissioner 

17 shall carry out such actions as the Com18 missioner determines to be necessary to 

19 provide a more equitable accounting of the 

1 20 ⁄7 share of the Fort Belknap Indian Com21 munity to the Fresno Reservoir total quan22 tity of stored water available for use dur23 ing each irrigation season from the waters 

24 of the Milk River and tributaries of the 

25 Milk River, that are impounded and stored 

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1 ment between the Commissioner and the 

2 Bureau of Indian Affairs relating to the 

3 Milk River Project, numbered I–1–Ind. 

4 18725, and dated July 8, 1946, taking 

5 into consideration, and fully accounting 

6 for— 

7 (I) the right of the Fort Belknap 

8 Indian Community under the Winters 

9 decision to 645 cubic feet per second 

10 of water; and 

11 (II) the tribal water rights. 

12 (ii) DOWNSTREAM RELEASE.—Any 

13 water stored on behalf of the Fort Belknap 

14 Indian Community in the Fresno Reservoir 

15 that is available at the end of each irriga16 tion season shall be released downstream 

17 for storage as determined by the Fort 

18 Belknap Indian Community in the Fort 

19 Belknap Reservoir. 

20 (iii) AMENDMENTS.—The Commis21 sioner and the Assistant Secretary for In22 dian Affairs may jointly amend the agree23 ment referred to in clause (i) as the Com24 missioner and the Assistant Secretary de25 termine to be necessary to provide for an 


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•S 1394 IS

1 equitable accounting of the share of the 

2 Fort Belknap Indian Community described 

3 in clause (i). 

4 (2) FACILITIES.—The Secretary may make 

5 such modifications to the federally owned facilities of 

6 the Milk River Project as the Secretary determines 

7 to be necessary to satisfy the applicable mitigation 

8 requirements of the Compact. 

9 (b) MILK RIVER COORDINATING COMMITTEE.— 

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

11 through the Commissioner, the Director of the Bu12 reau of Indian Affairs, the Director of the United 

13 States Geological Survey, the Director of the United 

14 States Fish and Wildlife Service, and the Director of 

15 the Bureau of Land Management, may participate 

16 in the Milk River Coordinating Committee pursuant 

17 to article IV.C of the Compact. 

18 (2) INAPPLICABILITY OF FEDERAL ADVISORY

19 COMMITTEE ACT.—The Federal Advisory Committee 

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

21 River Coordinating Committee. 

22 (3) TECHNICAL SUPPORT.—The Secretary 

23 may— 

24 (A) maintain a publicly accessible database 

25 of diversions from the Milk River made— 


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1 (i) pursuant to the Milk River Project; 

2 (ii) under applicable contracts; and 

3 (iii) by the Fort Belknap Indian Com4 munity; and 

5 (B) provide such other technical support as 

6 the Milk River Coordinating Committee may re7 quest, including the maintenance of gages nec8 essary to account for daily diversions from the 

9 Milk River. 

10 (4) COORDINATION OF STORAGE AND RE11 LEASE.—Notwithstanding Article IV.C.11 of the 

12 Compact, the Secretary (acting through the Com13 missioner), and in consultation with the Milk River 

14 Coordinating Committee, may develop an accounting 

15 for the coordination of storage and release of water 

16 from Federal storage facilities within the federally 

17 owned portion of the Milk River Project. 

18 (c) MILK RIVER PROJECT MITIGATION.— 

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

20 with the Secretary, the Fort Belknap Indian Com21 munity, the Joint Board, and other affected stake22 holders, shall use funds made available under sub23 sections (d) and (e) to provide grants for projects 

24 for mitigation of the Milk River Project in accord25 ance with— 


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•S 1394 IS

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

2 (B) this Act. 

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

4 grant under this subsection, the owner or operator 

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

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

7 manner, and containing such information as the 

8 State may require. 

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

10 delegate any portion of the responsibility of the 

11 State under this subsection to any entity organized 

12 in accordance with applicable Federal and State 

13 laws. 

14 (4) COMPLIANCE WITH NEPA.—The Secretary 

15 shall ensure that each project that receives Federal 

16 funds under this subsection is carried out in accord17 ance with the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.). 

19 (d) STATE CONTRIBUTIONS.— 

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

21 a State contribution to mitigation of the Milk River 

22 Project— 

23 (A) the difference between— 

24 (i) the amount authorized by the bill 

25 of the Montana House of Representatives 


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•S 1394 IS

1 numbered 540 of the 59th Session (2005); 

2 and 

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

4 State under section (11)(i); and 

5 (B) any other funds allocated or previously 

6 expended by the State to carry out activities 

7 under subsection (a). 

8 (2) ADDITIONAL CONTRIBUTIONS.—The Sec9 retary shall request that the State provide, in addi10 tion to the amounts described in paragraph (1)— 

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

12 and watershed improvement activities described 

13 in the Compact; and 

14 (B) an amount equal to $4,000,000 of in15 kind contributions for technical, modeling, and 

16 other services for purposes of identifying, sup17 porting, and enhancing water use and manage18 ment in the Milk River Basin. 

19 (3) TREATMENT OF CONTRIBUTIONS.—A con20 tribution by the State under this subsection shall be 

21 considered to fulfill the obligation of the State under 

22 article VI.B of the Compact. 

23 (4) EXPENDITURE OF FUNDS.—Subject to ap24 plicable State law, amounts provided by the State 


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•S 1394 IS

1 under this subsection may be expended at any time 

2 after the date on which funds are provided. 

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

4 each year, the Secretary shall request that the State 

5 submit to the Fort Belknap Indian Community an 

6 accounting of any funds expended by the State 

7 under this subsection during the preceding calendar 

8 year. 

9 (e) FEDERAL CONTRIBUTIONS.— 

10 (1) STATE TRUST ACCOUNT.—The Secretary 

11 shall establish a trust account for the State, con12 sisting of amounts made available by the Secretary 

13 to carry out the mitigation and watershed improve14 ment activities described in the Compact. 

15 (2) TRANSFER.—Not later than 60 days after 

16 the date on which funds are appropriated pursuant 

17 to paragraph (4), the Secretary shall transfer the 

18 funds, at no charge to the State, to the State trust 

19 account established under paragraph (1). 

20 (3) ALLOCATIONS.— 

21 (A) INTEREST.—The State may expend 

22 the interest accruing on amounts in the State 

23 trust account under paragraph (1) as the State 

24 determines to be appropriate to fulfill the pur25 poses of the Compact. 


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1 (B) PRINCIPAL.—The State shall not ex2 pend the principal amount in the State trust 

3 account until— 

4 (i) the Fort Belknap Indian Commu5 nity has developed, or is in the process of 

6 developing, the tribal water rights in ac7 cordance with the Compact and this Act; 

8 and 

9 (ii) the State, in consultation with the 

10 Secretary, determines that a proposed ex11 penditure of the principal amount is nec12 essary to satisfy mitigation or watershed 

13 improvement obligations under the Com14 pact. 

15 (4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to the Sec17 retary to carry out this subsection $5,000,000 for 

18 each of fiscal years 2014 through 2017. 

19 SEC. 9. SETTLEMENT IN SATISFACTION OF CLAIMS. 

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

21 Act shall be considered to fully satisfy any claim of the 

22 Fort Belknap Indian Community against the United 

23 States that is waived and released by the Fort Belknap 

24 Indian Community under subsections (a)(1) and (b) of 

25 section 10. 


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

2 allottees under this Act shall fully satisfy— 

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

4 States (acting as trustee for the allottees) under sec5 tion 10(a)(2); and 

6 (2) any claims of the allottees against the 

7 United States that are similar to the claims de8 scribed in section 10(b). 

9 (c) NO RECOGNITION OF WATER RIGHTS.—Notwith10 standing subsections (a) and (b) and except as provided 

11 in section 5, nothing in this Act recognizes or establishes 

12 any right of a member of the Fort Belknap Indian Com13 munity or an allottee to water in the Reservation. 

14 SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 

15 (a) CLAIMS FOR WATER RIGHTS IN THE STATE AND

16 RESERVATION.—Subject to subsection (e), in return for 

17 recognition of the tribal water rights and other benefits 

18 provided under the Compact and this Act— 

19 (1) the Fort Belknap Indian Community and 

20 the United States (acting as trustee for the Fort 

21 Belknap Indian Community) shall execute a waiver 

22 and release of all claims for water rights within the 

23 State that the Fort Belknap Indian Community or 

24 the United States (acting as trustee for the Fort 

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1 serted, in any proceeding, before or on the enforce2 ability date, except to the extent that those rights 

3 are recognized in the Compact or this Act; and 

4 (2) the United States (acting as trustee for 

5 allottees) shall execute a waiver and release of all 

6 claims for water rights within the Reservation that 

7 the United States (acting as trustee for the 

8 allottees) has asserted or could have asserted, in any 

9 proceeding, before or on the enforceability date, ex10 cept to the extent that those rights are recognized 

11 in the Compact or this Act. 

12 (b) WAIVER AND RELEASE OF CLAIMS AGAINST THE

13 UNITED STATES.— 

14 (1) IN GENERAL.—Subject to subsection (e), 

15 the Fort Belknap Indian Community may execute a 

16 waiver and release of all claims described in para17 graph (2) against the United States (including an 

18 agency or employee of the United States). 

19 (2) DESCRIPTION OF CLAIMS.—The claims re20 ferred to in paragraph (1) are— 

21 (A) any claim for water rights within the 

22 State that the United States (acting as trustee 

23 for the Fort Belknap Indian Community) as24 serted, or could have asserted, in any pro25 ceeding, except to the extent that those rights 


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1 are recognized as the tribal water rights in this 

2 Act; 

3 (B) any claim relating to a damage to, loss 

4 of, or injury to water, water rights, land, or 

5 natural resources due to the loss of water or 

6 water rights in the State that first accrued be7 fore or on the enforceability date, including 

8 claims relating to— 

9 (i) damage, loss, or injury to hunting, 

10 fishing, gathering, or cultural rights due to 

11 the loss of water or water rights; 

12 (ii) interference with, diversion or tak13 ing of water; or 

14 (iii) the failure to protect, acquire, re15 place, or develop water, water rights, or 

16 water infrastructure; 

17 (C) any pending litigation in the State re18 lating to the water rights of the Fort Belknap 

19 Indian Community; and 

20 (D) any claim arising from the negotiation, 

21 execution, or the adoption of— 

22 (i) the Compact; or 

23 (ii) this Act. 


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•S 1394 IS

1 (c) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

2 The waivers under subsections (a) and (b) shall take effect 

3 on the enforceability date. 

4 (d) ENFORCEABILITY DATE.— 

5 (1) IN GENERAL.—The enforceability date shall 

6 be the date on which the Secretary publishes in the 

7 Federal Register a statement of findings that— 

8 (A) the Fort Belknap Indian Community 

9 Council has approved the Compact by submit10 ting this Act and the Compact to a vote by the 

11 tribal membership for approval or disapproval; 

12 (B) the membership of the Fort Belknap 

13 Indian Community has ratified the Compact 

14 and this Act, in accordance with section 4(b); 

15 (C)(i) the Montana Water Court has 

16 issued a final judgment and decree approving 

17 the Compact; or 

18 (ii) if the Montana Water Court is found 

19 to lack jurisdiction— 

20 (I) the United States district court of 

21 jurisdiction has approved the Compact as a 

22 consent decree; and 

23 (II) the approval under subclause (I) 

24 is considered to be final; 


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1 (D)(i) all of the funds made available 

2 under section 11 have been deposited in the ac3 counts identified in section 11(c); and 

4 (ii) the transfer of land under section 6 

5 has been completed; 

6 (E) the Secretary has executed the agree7 ments with the Fort Belknap Indian Commu8 nity as required under this Act; 

9 (F) the State has appropriated and paid 

10 the funds relating to Peoples Creek Reservoir in 

11 accordance with section 11(i); and 

12 (G) the waivers and releases under sub13 sections (a) and (b) have been executed by the 

14 Fort Belknap Indian Community and the Sec15 retary. 

16 (e) RESERVATION OF RIGHTS AND RETENTION OF

17 CLAIMS.—Notwithstanding the waivers and releases au18 thorized under this section, the Fort Belknap Indian Com19 munity and the United States (acting as trustee for the 

20 Fort Belknap Indian Community and the allottees) re21 tain— 

22 (1) all claims for enforcement of the Compact, 

23 settlement agreement, the final decree, or this Act, 

24 through any legal and equitable remedies that may 


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•S 1394 IS

1 be available in the appropriate Federal or State 

2 court; 

3 (2) all rights to use and protect water rights ac4 quired after the date of enactment of this Act; 

5 (3) all claims relating to activities affecting the 

6 quality of water, including any claims the Fort 

7 Belknap Indian Community might have under— 

8 (A) the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9601 et seq.); 

11 (B) the Safe Drinking Water Act (42 

12 U.S.C. 300f et seq.); or 

13 (C) the Federal Water Pollution Control 

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

15 (4) all claims arising under section 12(k) relat16 ing to the enforcement of any Federal, State, or 

17 tribal law (including common law); and 

18 (5) all rights, remedies, privileges, immunities, 

19 and powers not specifically waived and released 

20 under this Act. 

21 (f) TOLLING OF CLAIMS.— 

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

23 limitation and time-based equitable defense relating 

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

25 the period beginning on the date of enactment of 


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1 this Act and ending on the date on which the 

2 amounts made available to carry out this Act are 

3 transferred to the Secretary. 

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

5 subsection revives any claim or tolls any period of 

6 limitations or time-based equitable defense that ex7 pired before the date of enactment of this Act. 

8 (g) EXPIRATION AND TOLLING.—If all appropria9 tions authorized by this Act have not been made available 

10 to the Secretary by June 30, 2043— 

11 (1) the waivers authorized in this section 

12 shall— 

13 (A) expire; and 

14 (B) be of no force or effect; and 

15 (2) all statutes of limitations applicable to any 

16 claim otherwise waived shall be tolled until June 30, 

17 2043. 

18 SEC. 11. FORT BELKNAP INDIAN COMMUNITY SETTLEMENT 

19 FUND. 

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

21 Treasury a fund, to be known as the ‘‘Fort Belknap In22 dian Community Settlement Fund’’, to be administered by 

23 the Secretary for the uses described in subsection (c) and 

24 any activities necessary to comply with Federal environ25 mental and cultural resource laws. 


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1 (b) TRANSFERS TO FUND.—The Fund shall consist 

2 of such amounts as are deposited in the Fund under sub3 section (j). 

4 (c) ACCOUNTS OF THE FORT BELKNAP INDIAN COM5 MUNITY SETTLEMENT FUND.—The Secretary shall estab6 lish in the Fund— 

7 (1) the Fort Belknap Indian Community Tribal 

8 Land and Water Rehabilitation, Modernization, and 

9 Expansion account, from which principal and inter10 est may be used to pay or reimburse costs incurred 

11 by the United States, the State, and the Fort 

12 Belknap Indian Community for activities relating 

13 to— 

14 (A) exchanging, transferring, or acquiring 

15 land; 

16 (B) rehabilitating or otherwise improving 

17 existing and historically irrigated land or 

18 projects; 

19 (C) agricultural development; 

20 (D) cultural preservation; 

21 (E) water resources development; and 

22 (F) other land- and water-related projects; 

23 (2) the Fort Belknap Indian Community Water 

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1 ation, and Maintenance account, from which only in2 terest earned may be used to pay— 

3 (A) the costs of administering the tribal 

4 water rights, including through— 

5 (i) the development or enactment of a 

6 Tribal Water Code; 

7 (ii) the establishment by the Fort 

8 Belknap Indian Community of a water re9 sources department; and 

10 (iii) the operation of that water re11 sources department (or successor agency); 

12 and 

13 (B) the annual operation and maintenance 

14 costs for tribal and allotted water resources 

15 projects, including the share of the Fort 

16 Belknap Indian Community of operating and 

17 maintaining the Fresno Reservoir; 

18 (3) the Fort Belknap Indian Community Tribal 

19 Economic Development account, from which prin20 cipal and interest may be used by the Fort Belknap 

21 Indian Community to pay the costs for any activity 

22 the Fort Belknap Indian Community determines to 

23 be necessary to further the economic development of 

24 the Fort Belknap Indian Community; and 


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•S 1394 IS

1 (4) the Fort Belknap Indian Community Water 

2 and Wastewater Rehabilitation and Expansion ac3 count, from the which principal and interest may be 

4 used by the Fort Belknap Indian Community to pay 

5 the costs for— 

6 (A) preparation of a feasibility study and 

7 design of a water supply and sewer treatment 

8 system for the Fort Belknap Indian Commu9 nity; 

10 (B) the planning, design, and construction 

11 of a domestic water supply system and related 

12 facilities for tribal communities; 

13 (C) the planning, design, and construction 

14 of a wastewater treatment system and related 

15 facilities for tribal communities; and 

16 (D) environmental compliance in the devel17 opment and construction of projects under this 

18 Act. 

19 (d) MANAGEMENT OF FUND.— 

20 (1) IN GENERAL.—The Secretary shall manage 

21 the Fund, including investing and making amounts 

22 available from the Fund for distribution to the Fort 

23 Belknap Indian Community consistent with— 


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•S 1394 IS

1 (A) the American Indian Trust Fund Man2 agement Reform Act of 1994 (25 U.S.C. 4001 

3 et seq.); 

4 (B) this Act; and 

5 (C) the Compact. 

6 (2) INVESTMENT OF FORT BELKNAP COMMU7 NITY SETTLEMENT FUND ACCOUNTS.—The Sec8 retary shall invest amounts in the Fund accounts de9 scribed in subsection (c) in accordance with— 

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

11 161); 

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

13 1938 (25 U.S.C. 162a); and 

14 (C) the obligations of Federal corporations 

15 and Federal Government-sponsored entities, the 

16 charter documents of which provide that the ob17 ligations of the entities are lawful investments 

18 for federally managed funds, including— 

19 (i) the obligations of the United 

20 States Postal Service described in section 

21 2005 of title 39, United States Code; 

22 (ii) bonds and other obligations of the 

23 Tennessee Valley Authority described in 

24 section 15d of the Tennessee Valley Au25 thority Act of 1933 (16 U.S.C. 831n–4); 


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•S 1394 IS

1 (iii) mortgages, obligations, and other 

2 securities of the Federal Home Loan Mort3 gage Corporation described in section 303 

4 of the Federal Home Loan Mortgage Cor5 poration Act (12 U.S.C. 1452); and 

6 (iv) bonds, notes, and debentures of 

7 the Commodity Credit Corporation de8 scribed in section 4 of the Act of March 8, 

9 1938 (15 U.S.C. 713a–4). 

10 (e) AVAILABILITY OF AMOUNTS.— 

11 (1) IN GENERAL.— 

12 (A) FUNDING.—Except as provided in 

13 paragraph (2), the amounts made available 

14 under this section shall be available for expendi15 ture or withdrawal by the Fort Belknap Indian 

16 Community without fiscal year limitation begin17 ning on the enforceability date. 

18 (B) OTHER FUNDING.—In addition to 

19 funding specifically made available under this 

20 Act, if the Secretary determines that, for a 

21 given fiscal year, a sufficient amount of funding 

22 has not been made available through annual ap23 propriations, the Secretary shall expend from 

24 the Reclamation Water Settlements Fund es25 tablished under section 10501 of the Omnibus 


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•S 1394 IS

1 Public Land Management Act of 2009 (43 

2 U.S.C. 407) such amounts as are necessary to 

3 pay the Federal share of the costs associated 

4 with the Fund. 

5 (2) EXCEPTION.—The amounts made available 

6 under subsections (c)(2) and (j)(2) shall be available 

7 for withdrawal by the Fort Belknap Indian Commu8 nity beginning on the date on which the Fort 

9 Belknap Indian Community approves the Compact 

10 as provided in section 4(b). 

11 (f) EXPENDITURES AND WITHDRAWALS.— 

12 (1) TRIBAL MANAGEMENT PLAN.— 

13 (A) IN GENERAL.—The Fort Belknap In14 dian Community may withdraw any portion of 

15 amounts in the Fund on approval by the Sec16 retary of a tribal management plan in accord17 ance with the American Indian Trust Fund 

18 Management Reform Act of 1994 (25 U.S.C. 

19 4001 et seq.). 

20 (B) REQUIREMENTS.—In addition to the 

21 requirements under the American Indian Trust 

22 Fund Management Reform Act of 1994 (25 

23 U.S.C. 4001 et seq.), the tribal management 

24 plan of the Fort Belknap Indian Community 

25 under subparagraph (A) shall require that the 


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•S 1394 IS

1 Fort Belknap Indian Community spend any 

2 amounts withdrawn from the Fund in accord3 ance with the purposes of this Act. 

4 (C) ENFORCEMENT.—The Secretary may 

5 take such judicial and administrative actions as 

6 the Secretary determines to be necessary— 

7 (i) to enforce the tribal management 

8 plan of the Fort Belknap Indian Commu9 nity; and 

10 (ii) to ensure that amounts withdrawn 

11 from the Fund under the plan are used in 

12 accordance with this Act and the Compact. 

13 (D) LIABILITY.—The Secretary and the 

14 Secretary of the Treasury shall not be liable for 

15 the expenditure or investment of amounts with16 drawn from a Fund by the Fort Belknap In17 dian Community under this subsection. 

18 (2) EXPENDITURE PLAN.— 

19 (A) IN GENERAL.—The Fort Belknap In20 dian Community shall submit to the Secretary 

21 for approval an expenditure plan for any por22 tion of the amounts made available under this 

23 section that the Fort Belknap Indian Commu24 nity does not withdraw to carry out this Act. 


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1 (B) DESCRIPTION.—The expenditure plan 

2 shall describe the manner in which, and the 

3 purposes for which, amounts remaining in the 

4 Funds will be used. 

5 (C) APPROVAL.—The Secretary shall ap6 prove an expenditure plan submitted under sub7 paragraph (A) if the Secretary determines that 

8 the plan is reasonable and in accordance with 

9 this Act and the Compact. 

10 (3) RETURN OF FUNDS TO TREASURY.—If the 

11 Compact or the approval by this Act of the Compact 

12 becomes void under section 4(c)(3), all unexpended 

13 funds made available to carry out this Act (including 

14 all interest earned on the funds) shall revert to the 

15 general fund of the Treasury not later than 1 year 

16 after the date on which the Compact becomes void. 

17 (g) ANNUAL REPORT.—For each Fund, the Fort 

18 Belknap Indian Community shall submit to the Secretary 

19 an annual report that describes all expenditures from the 

20 Fund during the preceding year. 

21 (h) NO PER CAPITA PAYMENTS.—No principal or in22 terest amount in any account established by this Act shall 

23 be distributed to any member of the Fort Belknap Indian 

24 Community on a per capita basis. 


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1 (i) PEOPLES CREEK RESERVOIR.—To contribute to 

2 the cost of design and construction of the Peoples Creek 

3 Reservoir, the Secretary shall request that the State pay 

4 to the general fund of the Treasury $5,000,000, to be de5 posited to the credit of the Fund established by subsection 

6 (c)(1). 

7 (j) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) FORT BELKNAP INDIAN COMMUNITY TRIBAL

9 LAND AND WATER, REHABILITATION, MODERNIZA10 TION, AND EXPANSION ACCOUNT.— 

11 (A) MANDATORY APPROPRIATIONS.—Out 

12 of any funds in the Treasury not otherwise ap13 propriated, the Secretary of the Treasury shall 

14 deposit in the Fort Belknap Indian Community 

15 Tribal Land and Water, Rehabilitation, Mod16 ernization, and Expansion account 

17 $134,478,400, adjusted to reflect changes since 

18 May 1, 2013, in construction cost indices appli19 cable to the types of construction involved in 

20 the activities described in subsection (c)(1). 

21 (B) AUTHORIZATION OF APPROPRIA22 TIONS.—In addition to amounts made available 

23 under subparagraph (A), there is authorized to 

24 be appropriated for deposit in the Fort Belknap 

25 Indian Community Tribal Land and Water, ReVerDate Mar 15 2010 23:10 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1394.IS S1394

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1 habilitation, Modernization, and Expansion ac2 count $105,661,600, adjusted to reflect changes 

3 since May 1, 2013, in construction cost indices 

4 applicable to the types of construction involved 

5 in the activities described in subsection (c)(1). 

6 (2) BELKNAP INDIAN COMMUNITY WATER RE7 SOURCES AND WATER RIGHTS ADMINISTRATION, OP8 ERATION, AND MAINTENANCE ACCOUNT.— 

9 (A) MANDATORY APPROPRIATIONS.—Out 

10 of any funds in the Treasury not otherwise ap11 propriated, the Secretary of the Treasury shall 

12 deposit in the Belknap Indian Community 

13 Water Resources and Water Rights Administra14 tion, Operation, and Maintenance account 

15 $31,186,500, adjusted to reflect changes since 

16 May 1, 2013, in construction cost indices appli17 cable to the types of construction involved in 

18 the activities described in subsection (c)(2). 

19 (B) AUTHORIZATION OF APPROPRIA20 TIONS.—In addition to amounts made available 

21 under subparagraph (A), there is authorized to 

22 be appropriated for deposit in the Belknap In23 dian Community Water Resources and Water 

24 Rights Administration, Operation, and Mainte25 nance account $29,963,500, adjusted to reflect 


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•S 1394 IS

1 changes since May 1, 2013, in construction cost 

2 indices applicable to the types of construction 

3 involved in the activities described in subsection 

4 (c)(2). 

5 (3) FORT BELKNAP INDIAN COMMUNITY TRIBAL

6 ECONOMIC DEVELOPMENT ACCOUNT.— 

7 (A) MANDATORY APPROPRIATIONS.—Out 

8 of any funds in the Treasury not otherwise ap9 propriated, the Secretary of the Treasury shall 

10 deposit in the Fort Belknap Indian Community 

11 Tribal Economic Development account 

12 $55,187,000, adjusted to reflect changes since 

13 May 1, 2013, in construction cost indices appli14 cable to the types of construction involved in 

15 the activities described in subsection (c)(3). 

16 (B) AUTHORIZATION OF APPROPRIA17 TIONS.—In addition to amounts made available 

18 under subparagraph (A), there is authorized to 

19 be appropriated for deposit in the Fort Belknap 

20 Indian Community Tribal Economic Develop21 ment account $45,153,000, adjusted to reflect 

22 changes since May 1, 2013, in construction cost 

23 indices applicable to the types of construction 

24 involved in the activities described in subsection 

25 (c)(3). 


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•S 1394 IS

1 (4) FORT BELKNAP INDIAN COMMUNITY WATER

2 AND WASTEWATER REHABILITATION AND EXPAN3 SION ACCOUNT.— 

4 (A) MANDATORY APPROPRIATIONS.—Out 

5 of any funds in the Treasury not otherwise ap6 propriated, the Secretary of the Treasury shall 

7 deposit in the Fort Belknap Indian Community 

8 Water and Wastewater Rehabilitation and Ex9 pansion account $69,036,800, adjusted to re10 flect changes since May 1, 2013, in construc11 tion cost indices applicable to the types of con12 struction involved in the activities described in 

13 subsection (c)(4). 

14 (B) AUTHORIZATION OF APPROPRIA15 TIONS.—In addition to amounts made available 

16 under subparagraph (A), there is authorized to 

17 be appropriated for deposit in the Fort Belknap 

18 Indian Community Water and Wastewater Re19 habilitation and Expansion account 

20 $54,243,200, adjusted to reflect changes since 

21 May 1, 2013, in construction cost indices appli22 cable to the types of construction involved in 

23 the activities described in subsection (c)(4). 

24 (5) MONTANA MITIGATION FUND.—There is au25 thorized to be appropriated to the State for the esVerDate Mar 15 2010 23:10 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1394.IS S1394

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1 tablishment of the Montana Mitigation Fund 

2 $21,000,000 for fiscal year 2014. 

3 (6) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to the Com5 missioner to carry out improvement activities under 

6 this Act $1,100,000 for fiscal year 2014. 

7 (k) RESTRICTION.—Any amounts made available 

8 under this section shall be nonreimbursable. 

9 SEC. 12. MISCELLANEOUS PROVISIONS. 

10 (a) ELIMINATION OF DEBTS OR LIENS AGAINST AL11 LOTMENTS OF THE FORT BELKNAP INDIAN COMMUNITY

12 MEMBERS.—The Secretary shall cancel and eliminate all 

13 debts or liens against the allotments of land held by the 

14 Fort Belknap Indian Community and the members of the 

15 Fort Belknap Indian Community due to construction as16 sessments, annual operation and maintenance charges, 

17 and any other charge that may have been levied relating 

18 to irrigation projects of the Department of the Interior 

19 for the Fort Belknap Indian Community. 

20 (b) APPLICABILITY.—Nothing in this Act— 

21 (1) affects the authority of the Fort Belknap 

22 Indian Community to enforce the laws of the Fort 

23 Belknap Indian Community with respect to environ24 mental protections; 


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1 (2) affects, alters, or amends Federal law (in2 cluding regulations), including— 

3 (A) the Federal Water Pollution Control 

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

5 (B) Safe Drinking Water Act (42 U.S.C. 

6 300f et seq.); 

7 (C) Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9601 et seq.); and 

10 (D) the Solid Waste Disposal Act (42 

11 U.S.C. 6901 et seq.); 

12 (3) affects the authority of the United States to 

13 take actions acting as trustee for any other Indian 

14 tribe or allottee of any other Indian tribe; 

15 (4) confers jurisdiction on any State court— 

16 (A) to interpret Federal law regarding 

17 health, safety, or the environment; 

18 (B) to determine the duties of the United 

19 States or other parties pursuant to Federal law 

20 regarding health, safety, or the environment; or 

21 (C) to conduct judicial review of a Federal 

22 agency action; or 

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

24 Belknap Indian Community that does not derive 


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•S 1394 IS

1 from a right of the Fort Belknap Indian Commu2 nity. 

3 (c) WAIVER OF SOVEREIGN IMMUNITY BY THE

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

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

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

7 Act waives the sovereign immunity of the United States. 

8 (d) EXECUTION OF COMPACT.—The execution of the 

9 Compact by the Secretary under section 4(b) shall not 

10 constitute a major Federal action under the National En11 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

12 (e) ENVIRONMENTAL COMPLIANCE.—In carrying out 

13 the Compact, the Secretary shall comply with— 

14 (1) the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4321 et seq.); 

16 (2) the Endangered Species Act of 1973 (16 

17 U.S.C. 1531 et seq.); and 

18 (3) all other applicable environmental laws (in19 cluding regulations). 

20 (f) ADDITIONAL FUNDING.—Nothing in this Act pro21 hibits the Fort Belknap Indian Community from seek22 ing— 

23 (1) additional funds for tribal programs or pur24 poses; or 


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•S 1394 IS

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

2 based on the status of the Fort Belknap Indian 

3 Community as an Indian tribe. 

4 (g) RIGHTS UNDER STATE LAW.—Except as pro5 vided in section 1 of article III of the Compact (relating 

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

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

8 nothing in this Act or the Compact precludes the acquisi9 tion or exercise of a Right Arising Under State Law (as 

10 defined in section 6 of article II of the Compact) to the 

11 use of water by the Fort Belknap Indian Community, or 

12 a member or allottee of the Fort Belknap Indian Commu13 nity, outside the Reservation by— 

14 (1) purchase of the right; or 

15 (2) submitting to the State an application in 

16 accordance with State law. 

17 (h) OBJECTIONS IN MONTANA WATER COURT.— 

18 Nothing in this Act or the Compact prohibits the Fort 

19 Belknap Indian Community, a member of the Fort 

20 Belknap Indian Community, an allottee, or the United 

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

22 water right filed in any general stream adjudication in the 

23 Montana Water Court. 

24 (i) INTERFERENCE WITH TRIBAL WATER RIGHTS.— 

25 Nothing in this Act or the Compact prevents the Fort 


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•S 1394 IS

1 Belknap Indian Community, a member of the Fort 

2 Belknap Indian Community, an allottee, or the United 

3 States on behalf of the Fort Belknap Indian Community, 

4 a member of the Fort Belknap Indian Community, or an 

5 allottee from filing in a court of competent jurisdiction an 

6 action to prevent any Person or Party (as defined in sec7 tions 29 and 30 of article II of the Compact) from inter8 fering with the enjoyment of the tribal water rights of— 

9 (1) the Fort Belknap Indian Community; 

10 (2) a member of the Fort Belknap Indian Com11 munity; or 

12 (3) an allottee. 

13 (j) WATER STORAGE AND IMPORTATION.—Nothing 

14 in this Act or the Compact prevents the Fort Belknap In15 dian Community from participating in any project to im16 port water to, or improve storage in, the Milk River Basin. 

17 (k) ENVIRONMENTAL PROTECTION.— 

18 (1) DEFINITION OF LITTLE ROCKY MOUN19 TAINS.—In this subsection, the term ‘‘Little Rocky 

20 Mountains’’ means the mountains that— 

21 (A) form the southern boundary of the 

22 Reservation; and 

23 (B) are sacred and culturally significant to 

24 the Fort Belknap Indian Community. 


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•S 1394 IS

1 (2) PROTECTION.—Nothing in the Compact or 

2 this Act limits— 

3 (A) the authority of the United States, the 

4 State, or the Fort Belknap Indian Community 

5 to enforce any Federal, State, or tribal law (in6 cluding common law) relating to the protection 

7 of the environment; or 

8 (B) any claim of the Fort Belknap Indian 

9 Community, a member of the Fort Belknap In10 dian Community, or an allottee, or of the 

11 United States on behalf of the Fort Belknap 

12 Indian Community, a member of the Fort 

13 Belknap Indian Community, or an allottee, 

14 for— 

15 (i) damage to water quality caused by 

16 mining activities in the Little Rocky Moun17 tains; or 

18 (ii) depletion in surface flows or 

19 groundwater on the southern end of the 

20 Reservation. 

21 (l) NO PRECEDENT ESTABLISHED.—Nothing in this 

22 Act establishes any precedent for— 

23 (1) the litigation of reserved water rights; or 


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•S 1394 IS

1 (2) the interpretation or administration of any 

2 compact between the United States and the State or 

3 any other State. 

4 (m) ELIGIBILITY FOR OTHER FEDERAL SERVICES.— 

5 No payment made or benefit provided pursuant to this Act 

6 shall result in the reduction or denial of any Federal serv7 ice or program to any Indian tribe, or to any member of 

8 an Indian tribe, to which the Indian tribe or member of 

9 the Indian tribe is entitled to, or eligible for, because of— 

10 (1) the status of the Indian tribe as a federally 

11 recognized Indian tribe; or 

12 (2) the status of an individual as an Indian. 

13 (n) LEASES OF ALLOTTED LAND.— 

14 (1) DEFINITION OF ELIGIBLE LESSOR.—In this 

15 subsection, the term ‘‘eligible lessor’’ means— 

16 (A) the Fort Belknap Indian Community; 

17 and 

18 (B) a tribal farming enterprise or irriga19 tion district approved by the Fort Belknap 

20 Community Council. 

21 (2) PROGRAM.—An eligible lessor may enter 

22 into a lease or other agreement for the development 

23 of the Fort Belknap Indian Irrigation Project or any 

24 other irrigation project on the Reservation in the 

25 Milk River and Peoples Creek Basins. 


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•S 1394 IS

1 (3) APPROVAL.— 

2 (A) IN GENERAL.—Notwithstanding any 

3 other provision of law, the Secretary may ap4 prove a lease or agreement of an eligible lessor 

5 of individually owned allotted land held in trust 

6 or restricted status by the United States for the 

7 Fort Belknap Indian Community if the Sec8 retary determines that— 

9 (i) the owners of a majority of the un10 divided interest in the trust or restricted 

11 land consent to the lease or agreement; 

12 and 

13 (ii) approving the lease or agreement 

14 is in the best interest of the owners of the 

15 trust or restricted land. 

16 (B) EFFECT.—On approval by the Sec17 retary under subparagraph (A), a lease or 

18 agreement shall be binding, to the same extent 

19 as if all owners of the trust or restricted land 

20 involved had consented to the lease or agree21 ment, on— 

22 (i) each owner of an undivided inter23 est in the trust or restricted land subject 

24 to the lease or agreement (including any 

25 interest owned by an Indian tribe); and 


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•S 1394 IS

1 (ii) each other party to the lease or 

2 agreement. 

3 (4) DISTRIBUTION OF PROCEEDS.—The pro4 ceeds derived from a lease or agreement approved by 

5 the Secretary under paragraph (3) shall be distrib6 uted to each owner of land subject to the lease or 

7 agreement, in proportion to the interest owned by 

8 the owner. 

9 (5) EXECUTION OF LEASE OR AGREEMENT BY

10 SECRETARY.—The Secretary may execute a lease or 

11 agreement that affects individually owned trust or 

12 restricted land on behalf of an owner of the land 

13 if— 

14 (A) the owner is— 

15 (i) a member of an Indian tribe; and 

16 (ii) deceased; and 

17 (B)(i) the heirs to, or devisees of, the in18 terest of the owner have not been determined; 

19 or 

20 (ii) the heirs or devisees referred to in 

21 clause (i) have been determined, but 1 or more 

22 of the heirs or devisees cannot be located. 

23 (6) RESERVED RIGHTS-OF-WAY.— 

24 (A) IN GENERAL.—The United States, act25 ing as trustee for the Fort Belknap Indian 


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•S 1394 IS

1 Community, shall reserve from the individually 

2 owned allotted land rights-of-way on that land 

3 for irrigation purposes carried out under this 

4 Act and according to the Tribal Water Code. 

5 (B) USE.—The rights-of-way retained 

6 under subparagraph (A) shall be granted to a 

7 tribal farming enterprise or irrigation district if 

8 the tribal farming enterprise or irrigation dis9 trict is— 

10 (i) formed for the purpose of irriga11 tion or drainage; and 

12 (ii) approved by the Fort Belknap 

13 Community Council. 

14 (C) COMPENSATION FOR RIGHTS-OF-WAY

15 ON INDIVIDUALLY OWNED ALLOTTED LANDS.— 

16 The Fort Belknap Indian Community shall pay 

17 just compensation, including severance dam18 ages, to the individual owners of allotted land 

19 from which rights-of-way are reserved under 

20 this paragraph, except that the compensation 

21 shall not apply to any lease entered into under 

22 this section. 

23 (7) PUBLIC AUCTION OR ADVERTISED SALE

24 NOT REQUIRED.— 


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•S 1394 IS

1 (A) IN GENERAL.—It shall not be a re2 quirement for the approval or execution of a 

3 lease or agreement under this subsection that 

4 the lease or agreement be offered for sale 

5 through a public auction or advertised sale. 

6 (B) EFFECT ON OTHER LAW.—To the ex7 tent provided under subparagraph (A), the Act 

8 of March 3, 1909 (35 Stat. 781, chapter 263) 

9 shall not apply to this subsection. 

10 (o) WATER TRANSPORT OBLIGATION.— 

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

12 through the Bureau of Indian Affairs and Bureau of 

13 Reclamation, shall provide assistance with— 

14 (A) the planning, design, and construction 

15 of— 

16 (i) the Fort Belknap water supply in17 frastructure; and 

18 (ii) the Fort Belknap Indian Irriga19 tion Rehabilitation Project; 

20 (B) the restoration of historic irrigation 

21 projects within the boundaries of the Reserva22 tion; and 

23 (C) any environmental compliance activi24 ties necessary in the development and construc25 tion of a project under this Act. 


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•S 1394 IS

1 (2) AUTHORIZATION OF STUDIES.— 

2 (A) IN GENERAL.—The Secretary, acting 

3 through the Bureau of Indian Affairs and the 

4 Bureau of Reclamation, in consultation with the 

5 Fort Belknap Indian Community and the State, 

6 shall carry out 1 or more studies— 

7 (i) to determine the feasibility and de8 sign of a water supply and wastewater 

9 treatment system for the Fort Belknap In10 dian Community; and 

11 (ii) to determine the environmental 

12 impact and ensure environmental compli13 ance in the development and construction 

14 of projects under this Act if the projects 

15 are associated with, affected by, or located 

16 within the same river basin as a Federal 

17 reclamation project that is in existence on 

18 the date of enactment of this Act. 

19 (B) COOPERATIVE AGREEMENT WITH THE

20 STATE AND THE FORT BELKNAP INDIAN COM21 MUNITY.—The Secretary may enter into 1 or 

22 more cooperative agreements with the State and 

23 the Fort Belknap Indian Community to carry 

24 out any study described in subparagraph (A) if 

25 the Secretary determines that the 1 or more coVerDate Mar 15 2010 23:10 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1394.IS S1394

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1 operative agreements would be cost-effective 

2 and efficient. 

3 (C) RECLAMATION LAWS.—No activity car4 ried out under this Act shall be considered to 

5 be a supplemental, additional, or new benefit 

6 under the reclamation laws, including the Rec7 lamation Reform Act of 1982 (43 U.S.C. 390aa 

8 et seq.). 

9 (p) CONFLICT OF PROVISIONS.—If any provision of 

10 this Act conflicts with a provision of the Compact, the pro11 vision of this Act shall prevail. 

12 SEC. 13. ANTIDEFICIENCY. 

13 The United States shall not be liable for any failure 

14 to carry out any obligation or activity authorized by this 

15 Act (including any obligation or activity under the Com16 pact) if adequate appropriations are not provided ex17 pressly by Congress to carry out the purposes of this Act 

18 in— 

19 (1) the Reclamation Water Settlements Fund 

20 established under section 10501 of the Omnibus 

21 Public Land Management Act of 2009 (43 U.S.C. 

22 407); or 

23 (2) the Emergency Fund for Indian Safety and 

24 Health established by section 601(a) of the Tom 

25 Lantos and Henry J. Hyde United States Global 


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•S 1394 IS

1 Leadership Against HIV/AIDS, Tuberculosis, and 

2 Malaria Reauthorization Act of 2008 (25 U.S.C. 

3 443c(a)). 

Æ 


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