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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Enrolled Bill (ENR)]

        S.2040

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 An Act

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Blackfoot River Land Exchange Act of 
2014''.
SEC. 2. FINDINGS; PURPOSES.
    (a) Findings.--Congress finds that--
        (1) the Shoshone-Bannock Tribes, a federally recognized Indian 
    tribe with tribal headquarters at Fort Hall, Idaho--
            (A) adopted a tribal constitution and bylaws on March 31, 
        1936, that were approved by the Secretary of the Interior on 
        April 30, 1936, pursuant to the Act of June 18, 1934 (25 U.S.C. 
        461 et seq.) (commonly known as the ``Indian Reorganization 
        Act'');
            (B) has entered into various treaties with the United 
        States, including the Second Treaty of Fort Bridger, executed 
        on July 3, 1868; and
            (C) has maintained a continuous government-to-government 
        relationship with the United States since the earliest years of 
        the Union;
        (2)(A) in 1867, President Andrew Johnson designated by 
    Executive order the Fort Hall Reservation for various bands of 
    Shoshone and Bannock Indians;
        (B) the Reservation is located near the cities of Blackfoot and 
    Pocatello in southeastern Idaho; and
        (C) article 4 of the Second Treaty of Fort Bridger secured the 
    Reservation as a ``permanent home'' for the Shoshone-Bannock 
    Tribes;
        (3)(A) according to the Executive order referred to in 
    paragraph (2)(A), the Blackfoot River, as the river existed in its 
    natural state--
            (i) is the northern boundary of the Reservation; and
            (ii) flows in a westerly direction along that northern 
        boundary; and
        (B) within the Reservation, land use in the River watershed is 
    dominated by--
            (i) rangeland;
            (ii) dry and irrigated farming; and
            (iii) residential development;
        (4)(A) in 1964, the Corps of Engineers completed a local flood 
    protection project on the River--
            (i) authorized by section 204 of the Flood Control Act of 
        1950 (64 Stat. 170); and
            (ii) sponsored by the Blackfoot River Flood Control 
        District No. 7;
        (B) the project consisted of building levees, replacing 
    irrigation diversion structures, replacing bridges, and channel 
    realignment; and
        (C) the channel realignment portion of the project severed 
    various parcels of land located contiguous to the River along the 
    boundary of the Reservation, resulting in Indian land being located 
    north of the Realigned River and non-Indian land being located 
    south of the Realigned River;
        (5) beginning in 1999, the Cadastral Survey Office of the 
    Bureau of Land Management conducted surveys of--
            (A) 25 parcels of Indian land; and
            (B) 19 parcels of non-Indian land; and
        (6) the enactment of this Act and separate agreements of the 
    parties would represent a resolution of the disputes described in 
    subsection (b)(1) among--
            (A) the Tribes;
            (B) the allottees; and
            (C) the non-Indian landowners.
    (b) Purposes.--The purposes of this Act are--
        (1) to resolve the land ownership and land use disputes 
    resulting from realignment of the River by the Corps of Engineers 
    during calendar year 1964 pursuant to the project described in 
    subsection (a)(4)(A); and
        (2) to achieve a final and fair solution to resolve those 
    disputes.
SEC. 3. DEFINITIONS.
    In this Act:
        (1) Allottee.--The term ``allottee'' means an heir of an 
    original allottee of the Reservation who owns an interest in a 
    parcel of land that is--
            (A) held in trust by the United States for the benefit of 
        the allottee; and
            (B) located north of the Realigned River within the 
        exterior boundaries of the Reservation.
        (2) Blackfoot river flood control district no. 7.--The term 
    ``Blackfoot River Flood Control District No. 7'' means the 
    governmental subdivision in the State of Idaho, located at 75 East 
    Judicial, Blackfoot, Idaho, that--
            (A) is responsible for maintenance and repair of the 
        Realigned River; and
            (B) represents the non-Indian landowners relating to the 
        resolution of the disputes described in section 2(b)(1) in 
        accordance with this Act.
        (3) Indian land.--The term ``Indian land'' means any parcel of 
    land that is--
            (A) held in trust by the United States for the benefit of 
        the Tribes or the allottees;
            (B) located north of the Realigned River; and
            (C) identified in exhibit A of the survey of the Bureau of 
        Land Management entitled ``Survey of the Blackfoot River of 
        2002 to 2005'', which is located at--
                (i) the Fort Hall Indian Agency office of the Bureau of 
            Indian Affairs; and
                (ii) the Blackfoot River Flood Control District No. 7.
        (4) Non-indian land.--The term ``non-Indian land'' means any 
    parcel of fee land that is--
            (A) located south of the Realigned River; and
            (B) identified in exhibit B, which is located at the areas 
        described in clauses (i) and (ii) of paragraph (3)(C).
        (5) Non-indian landowner.--The term ``non-Indian landowner'' 
    means any individual who holds fee title to non-Indian land and is 
    represented by the Blackfoot River Flood Control District No. 7 for 
    purposes of this Act.
        (6) Realigned river.--The term ``Realigned River'' means that 
    portion of the River that was realigned by the Corps of Engineers 
    during calendar year 1964 pursuant to the project described in 
    section 2(a)(4)(A).
        (7) Reservation.--The term ``Reservation'' means the Fort Hall 
    Reservation established by Executive order during calendar year 
    1867 and confirmed by treaty during calendar year 1868.
        (8) River.--The term ``River'' means the Blackfoot River 
    located in the State of Idaho.
        (9) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (10) Tribes.--The term ``Tribes'' means the Shoshone-Bannock 
    Tribes.
SEC. 4. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON-INDIAN OWNED LANDS.
    (a) Release of Claims.--Effective on the date of enactment of this 
Act--
        (1) all existing and future claims with respect to the Indian 
    land and the non-Indian land and all right, title, and interest 
    that the Tribes, allottees, non-Indian landowners, and the 
    Blackfoot River Flood Control District No. 7 may have had to that 
    land shall be extinguished;
        (2) any interest of the Tribes, the allottees, or the United 
    States, acting as trustee for the Tribes or allottees, in the 
    Indian land shall be extinguished under section 2116 of the Revised 
    Statutes (commonly known as the ``Indian Trade and Intercourse 
    Act'') (25 U.S.C. 177); and
        (3) to the extent any interest in non-Indian land transferred 
    into trust pursuant to section 5 violates section 2116 of the 
    Revised Statutes (commonly known as the ``Indian Trade and 
    Intercourse Act'') (25 U.S.C. 177), that transfer shall be valid, 
    subject to the condition that the transfer is consistent with all 
    other applicable Federal laws (including regulations).
    (b) Documentation.--The Secretary may execute and file any 
appropriate documents (including a plat or map of the transferred 
Indian land) that are suitable for filing with the Bingham County clerk 
or other appropriate county official, as the Secretary determines 
necessary to carry out this Act.
SEC. 5. NON-INDIAN LAND TO BE PLACED INTO TRUST FOR TRIBES.
    Effective on the date of enactment of this Act, the non-Indian land 
shall be considered to be held in trust by the United States for the 
benefit of the Tribes.
SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.
    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall transfer the Indian land to the 
Blackfoot River Flood Control District No. 7 for use or sale in 
accordance with subsection (b).
    (b) Use of Land.--
        (1) In general.--The Blackfoot River Flood Control District No. 
    7 shall use any proceeds from the sale of land described in 
    subsection (a) according to the following priorities:
            (A) To compensate, at fair market value, each non-Indian 
        landowner for the net loss of land to that non-Indian landowner 
        resulting from the implementation of this Act.
            (B) To compensate the Blackfoot River Flood Control 
        District No. 7 for any administrative or other expenses 
        relating to carrying out this Act.
        (2) Remaining land.--If any land remains to be conveyed or 
    proceeds remain after the sale of the land, the Blackfoot River 
    Flood Control District No. 7 may dispose of that remaining land or 
    proceeds as the Blackfoot River Flood Control District No. 7 
    determines to be appropriate.
SEC. 7. EFFECT ON ORIGINAL RESERVATION BOUNDARY.
    Nothing in this Act affects the original boundary of the 
Reservation, as established by Executive order during calendar year 
1867 and confirmed by treaty during calendar year 1868.
SEC. 8. EFFECT ON TRIBAL WATER RIGHTS.
    Nothing in this Act extinguishes or conveys any water right of the 
Tribes, as established in the agreement entitled ``1990 Fort Hall 
Indian Water Rights Agreement'' and ratified by section 4 of the Fort 
Hall Indian Water Rights Act of 1990 (Public Law 101-602; 104 Stat. 
3060).
SEC. 9. EFFECT ON CERTAIN OBLIGATIONS.
    (a) In General.--Except as provided in subsection (b), nothing in 
this Act affects the obligation of Blackfoot River Flood Control 
District No. 7 to maintain adequate rights-of-way for the operation and 
maintenance of the local flood protection projects described in section 
2(a)(4) pursuant to agreements between the Blackfoot River Flood 
Control District No. 7 and the Corps of Engineers.
    (b) Restriction on Fees.--Any land conveyed to the Tribes pursuant 
to this Act shall not be subject to fees assessed by Blackfoot River 
Flood Control District No. 7.
  SEC. 10. DISCLAIMERS REGARDING CLAIMS.
    Nothing in this Act--
        (1) affects in any manner the sovereign claim of the State of 
    Idaho to title in and to the beds and banks of the River under the 
    equal footing doctrine of the Constitution of the United States;
        (2) affects any action by the State of Idaho to establish the 
    title described in paragraph (1) under section 2409a of title 28, 
    United States Code (commonly known as the ``Quiet Title Act'');
        (3) affects the ability of the Tribes or the United States to 
    claim ownership of the beds and banks of the River; or
        (4) extinguishes or conveys any water rights of non-Indian 
    landowners or the claims of those landowners to water rights in the 
    Snake River Basin Adjudication.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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