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-togovernment 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 ShoshoneBannock 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; 
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(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 
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(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. 
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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 nonIndian landowner for the net loss of land to that nonIndian landowner resulting from the implementation of 

this Act. 

(B) To compensate the Blackfoot River Flood Control 

District No. 7 for any administrative or other expenses 

relating to carrying out this Act. 

(2) REMAINING LAND.—If any land remains to be conveyed 

or proceeds remain after the sale of the land, the Blackfoot 

River Flood Control District No. 7 may dispose of that 

remaining land or proceeds as the Blackfoot River Flood Control 

District No. 7 determines to be appropriate. 

SEC. 7. EFFECT ON ORIGINAL RESERVATION BOUNDARY. 

Nothing in this Act affects the original boundary of the Reservation, as established by Executive order during calendar year 1867 

and confirmed by treaty during calendar year 1868. 

SEC. 8. EFFECT ON TRIBAL WATER RIGHTS. 

Nothing in this Act extinguishes or conveys any water right 

of the Tribes, as established in the agreement entitled ‘‘1990 Fort 

Hall Indian Water Rights Agreement’’ and ratified by section 4 

of the Fort Hall Indian Water Rights Act of 1990 (Public Law 

101–602; 104 Stat. 3060). 

SEC. 9. EFFECT ON CERTAIN OBLIGATIONS. 

(a) IN GENERAL.—Except as provided in subsection (b), nothing 

in this Act affects the obligation of Blackfoot River Flood Control 

District No. 7 to maintain adequate rights-of-way for the operation 

and maintenance of the local flood protection projects described 

in section 2(a)(4) pursuant to agreements between the Blackfoot 

River Flood Control District No. 7 and the Corps of Engineers. 

(b) RESTRICTION ON FEES.—Any land conveyed to the Tribes 

pursuant to this Act shall not be subject to fees assessed by Blackfoot River Flood Control District No. 7. 

SEC. 10. DISCLAIMERS REGARDING CLAIMS. 

Nothing in this Act— 

(1) affects in any manner the sovereign claim of the State 

of Idaho to title in and to the beds and banks of the River 

under the equal footing doctrine of the Constitution of the 

United States; 

(2) affects any action by the State of Idaho to establish 

the title described in paragraph (1) under section 2409a of 
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title 28, United States Code (commonly known as the ‘‘Quiet 

Title Act’’); 

(3) affects the ability of the Tribes or the United States 

to claim ownership of the beds and banks of the River; or 

(4) extinguishes or conveys any water rights of non-Indian 

landowners or the claims of those landowners to water rights 

in the Snake River Basin Adjudication. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.