II 

114TH CONGRESS 

1ST SESSION S. 1125 

To authorize and implement the water rights compact among the Blackfeet 

Tribe of the Blackfeet Indian Reservation, the State of Montana, and 

the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2015 

Mr. TESTER (for himself and Mr. DAINES) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To authorize and implement the water rights compact among 

the Blackfeet Tribe of the Blackfeet Indian Reservation, 

the State of Montana, and the United States, 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. 

4 This Act may be cited as the ‘‘Blackfeet Water 

5 Rights Settlement Act of 2015’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to achieve a fair, equitable, and final settle2 ment of claims to water rights in the State of Mon3 tana for— 

4 (A) the Blackfeet Tribe of the Blackfeet 

5 Indian Reservation; and 

6 (B) the United States, for the benefit of 

7 the Tribe and allottees; 

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

9 rights compact entered into by the Tribe and the 

10 State, to the extent that the Compact is consistent 

11 with this Act; 

12 (3) to authorize and direct the Secretary of the 

13 Interior— 

14 (A) to execute the Compact; and 

15 (B) to take any other action necessary to 

16 carry out the Compact in accordance with this 

17 Act; and 

18 (4) to authorize funds necessary for the imple19 mentation of the Compact and this Act. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

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

23 any individual who holds a beneficial real property 

24 interest in an allotment of Indian land that is— 

25 (A) located within the Reservation; and 


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

2 (2) BIRCH CREEK AGREEMENT.—The term 

3 ‘‘Birch Creek Agreement’’ means— 

4 (A) the agreement between the Tribe and 

5 the State regarding Birch Creek water use 

6 dated January 31, 2008, as amended on Feb7 ruary 13, 2009; and 

8 (B) any amendment or exhibit (including 

9 exhibit amendments) to that agreement that is 

10 executed in accordance with this Act. 

11 (3) BIRCH CREEK MITIGATION PROJECT.—The 

12 term ‘‘Birch Creek Mitigation Project’’ means the 

13 project to provide water from Four Horns Reservoir 

14 to State water users on Birch Creek in fulfillment 

15 of the obligations of the Tribe under the Birch 

16 Creek Agreement. 

17 (4) BLACKFEET IRRIGATION PROJECT.—The 

18 term ‘‘Blackfeet Irrigation Project’’ means the irri19 gation project authorized by the matter under the 

20 heading ‘‘Montana’’ of title II of the Act of March 

21 1, 1907 (34 Stat. 1035, chapter 2285) and adminis22 tered by the Bureau of Indian Affairs. 

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

24 (A) the Blackfeet-Montana water rights 

25 compact dated April 15, 2009, as contained in 


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1 section 85–20–1501 of the Montana Code An2 notated (2013); and 

3 (B) any amendment or exhibit (including 

4 exhibit amendments) to the Compact that is ex5 ecuted in accordance with this Act. 

6 (6) ENFORCEABILITY DATE.—The term ‘‘en7 forceability date’’ means the date described in sec8 tion 18(e). 

9 (7) LAKE ELWELL.—The term ‘‘Lake Elwell’’ 

10 means the water impounded on the Marias River in 

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

12 Marias Unit of the Pick-Sloan Missouri River Basin 

13 Program authorized by section 9 of the Act of De14 cember 22, 1944 (commonly known as the ‘‘Flood 

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

16 (8) MILK RIVER BASIN.—The term ‘‘Milk River 

17 Basin’’ means the North Fork, Middle Fork, South 

18 Fork, and the main stem of the Milk River and trib19 utaries from the headwaters to the confluence with 

20 the Missouri River. 

21 (9) MILK RIVER PROJECT.— 

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

23 Project’’ means the Bureau of Reclamation 

24 project conditionally approved by the Secretary 

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


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

2 commencing at Lake Sherburne Reservoir and 

3 providing water to a point approximately 6 

4 miles east of Nashua, Montana. 

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

6 Project’’ includes— 

7 (i) the St. Mary Unit; 

8 (ii) the Fresno Dam; and 

9 (iii) the Dodson pumping unit. 

10 (10) MILK RIVER PROJECT WATER RIGHTS.— 

11 The term ‘‘Milk River Project water rights’’ means 

12 the water rights held by the Bureau of Reclamation 

13 on behalf of the Milk River Project, as finally adju14 dicated by the Montana Water Court. 

15 (11) MILK RIVER WATER RIGHT.—The term 

16 ‘‘Milk River water right’’ means the portion of the 

17 Tribal Water Rights described in article III.F of the 

18 Compact and this Act. 

19 (12) MISSOURI RIVER BASIN.—The term ‘‘Mis20 souri River Basin’’ means the hydrologic basin of 

21 the Missouri River (including tributaries). 

22 (13) MR&I SYSTEM.—The term ‘‘MR&I Sys23 tem’’ means— 

24 (A) the intake, treatment, pumping, stor25 age, pipelines, appurtenant items, and any 


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1 other feature of the system as generally de2 scribed in the document entitled ‘‘Blackfeet Re3 gional Water System’’, prepared by DOWL 

4 HKM, and dated June 2010, and modified by 

5 DOWL HKM, as set out in the addendum to 

6 the report dated March 2013; and 

7 (B) the existing tribal water systems im8 proved under subparagraph (A). 

9 (14) OM&R.—The term ‘‘OM&R’’ means— 

10 (A) any recurring or ongoing activity asso11 ciated with the day-to-day operation of a 

12 project; 

13 (B) any activity relating to scheduled or 

14 unscheduled maintenance of a project; and 

15 (C) any activity relating to replacing a fea16 ture of a project. 

17 (15) RESERVATION.—The term ‘‘Reservation’’ 

18 means the Blackfeet Indian Reservation of Montana 

19 as— 

20 (A) established by the Treaty of October 

21 17, 1855 (11 Stat. 657); and 

22 (B) modified by— 

23 (i) the Executive Order of July 5, 

24 1873 (relating to the Blackfeet Reserve); 


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1 (ii) the Act of April 15, 1874 (18 

2 Stat. 28, chapter 96); 

3 (iii) the Executive Order of August 

4 19, 1874 (relating to the Blackfeet Re5 serve); 

6 (iv) the Executive Order of April 13, 

7 1875 (relating to the Blackfeet Reserve); 

8 (v) the Executive Order of July 13, 

9 1880 (relating to the Blackfeet Reserve); 

10 (vi) the Agreement with the Blackfeet, 

11 ratified by the Act of May 1, 1888 (25 

12 Stat. 113, chapter 213); and 

13 (vii) the Agreement with the Black14 feet, ratified by the Act of June 10, 1896 

15 (29 Stat. 353, chapter 398). 

16 (16) ST. MARY RIVER WATER RIGHT.—The 

17 term ‘‘St. Mary River water right’’ means that por18 tion of the Tribal Water Rights described in article 

19 III.G.1.a.i. of the Compact and this Act. 

20 (17) ST. MARY UNIT.— 

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

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

23 Milk River Project authorized by Congress on 

24 March 25, 1905. 


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

2 Unit’’ includes— 

3 (i) Sherburne Dam and Reservoir; 

4 (ii) Swift Current Creek Dike; 

5 (iii) Lower St. Mary Lake; 

6 (iv) St. Mary Canal Diversion Dam; 

7 and 

8 (v) St. Mary Canal and appur9 tenances. 

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

11 means the Secretary of the Interior. 

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

13 State of Montana. 

14 (20) SWIFTCURRENT CREEK BANK STABILIZA15 TION PROJECT.—The term ‘‘Swiftcurrent Creek 

16 Bank Stabilization Project’’ means the project to 

17 mitigate the physical and environmental problems 

18 associated with the St. Mary Unit from Sherburne 

19 Dam to the Swiftcurrent Creek confluence with the 

20 St. Mary River. 

21 (21) TRIBAL WATER RIGHTS.—The term ‘‘Trib22 al water rights’’ means the water rights of the Tribe 

23 described in article III of the Compact and this Act, 

24 including the Lake Elwell allocation provided to the 

25 Tribe under section 9. 


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1 (22) TRIBE.—The term ‘‘Tribe’’ means the 

2 Blackfeet Tribe of the Blackfeet Indian Reservation 

3 of Montana. 

4 SEC. 4. RATIFICATION OF COMPACT. 

5 (a) RATIFICATION.— 

6 (1) IN GENERAL.—Except as modified by this 

7 Act, and to the extent that the Compact does not 

8 conflict with this Act, the Compact is authorized, 

9 ratified, and confirmed. 

10 (2) AMENDMENTS.—If an amendment is exe11 cuted in accordance with this Act to make the Com12 pact consistent with this Act, the amendment is au13 thorized, ratified, and confirmed. 

14 (b) EXECUTION.— 

15 (1) IN GENERAL.—To the extent that the Com16 pact does not conflict with this Act, the Secretary 

17 shall execute the Compact, including all exhibits to, 

18 or parts of, the Compact requiring the signature of 

19 the Secretary. 

20 (2) MODIFICATIONS.—Nothing in this Act pre21 cludes the Secretary from approving any modifica22 tion to an appendix or exhibit to the Compact that 

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

24 modification does not otherwise require congres25 sional approval under section 2116 of the Revised 


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

2 provision of Federal law. 

3 (c) ENVIRONMENTAL COMPLIANCE.— 

4 (1) IN GENERAL.—In implementing the Com5 pact and this Act, the Secretary shall comply with 

6 all applicable provisions of— 

7 (A) the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.); 

9 (B) the National Environmental Policy Act 

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

11 (C) all other applicable environmental laws 

12 and regulations. 

13 (2) EFFECT OF EXECUTION.— 

14 (A) IN GENERAL.—An activity carried out 

15 by the Secretary to execute the Compact pursu16 ant to this section shall not constitute a major 

17 Federal action for purposes of the National En18 vironmental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.). 

20 (B) COMPLIANCE.—The Secretary shall 

21 carry out all Federal compliance activities nec22 essary to implement the Compact and this Act. 

23 SEC. 5. MILK RIVER WATER RIGHT. 

24 (a) IN GENERAL.—With respect to the Milk River 

25 water right, the Tribe— 


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1 (1) may continue the historical uses and the 

2 uses in existence on the date of enactment of this 

3 Act; and 

4 (2) except as provided in article III.F.1.d of the 

5 Compact, shall not develop new uses until the date 

6 on which— 

7 (A) the Tribe has entered into the agree8 ment described in subsection (c); or 

9 (B) the Secretary has established the cri10 teria described in subsection (e). 

11 (b) STATE WATER RIGHTS.—With respect to any 

12 State water right in the Milk River Basin owned or ac13 quired by the Tribe, the Tribe— 

14 (1) may continue any use in existence on the 

15 date of enactment of this Act; and 

16 (2) shall not change any use until the date on 

17 which— 

18 (A) the Tribe has entered into the agree19 ment described in subsection (c); or 

20 (B) the Secretary has established the cri21 teria described in subsection (e). 

22 (c) TRIBAL AGREEMENT.— 

23 (1) IN GENERAL.—In consultation with the 

24 Commissioner of Reclamation and the Director of 

25 the Bureau of Indian Affairs, the Tribe and the 


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1 Fort Belknap Indian Community shall enter into an 

2 agreement to provide for the exercise of the respec3 tive water rights on the respective reservations of 

4 the Tribe and the Fort Belknap Indian Community 

5 in the Milk River. 

6 (2) CONSIDERATIONS.—The agreement entered 

7 into under paragraph (1) shall take into consider8 ation— 

9 (A) the equal priority dates of the Indian 

10 tribes; 

11 (B) the water supplies of the Milk River; 

12 and 

13 (C) historical, current, and future uses 

14 identified by each Indian tribe. 

15 (d) SECRETARIAL DETERMINATION.— 

16 (1) IN GENERAL.—Not later than 120 days 

17 after the date on which the agreement described in 

18 subsection (c) is submitted to the Secretary, the Sec19 retary shall review and approve or disapprove the 

20 agreement. 

21 (2) APPROVAL.—The Secretary shall approve 

22 the agreement if the Secretary finds that the agree23 ment— 

24 (A) equitably accommodates the interests 

25 in the Milk River of each Indian tribe; 


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1 (B) adequately considers the factors de2 scribed in subsection (c)(2); and 

3 (C) is otherwise in accordance with appli4 cable law. 

5 (3) DEADLINE EXTENSION.—The deadline to 

6 review the agreement described in paragraph (1) 

7 may be extended by the Secretary after consultation 

8 with the Tribe and the Fort Belknap Indian Com9 munity. 

10 (e) SECRETARIAL CRITERIA.— 

11 (1) IN GENERAL.—If the Tribe and the Fort 

12 Belknap Indian Community do not enter into an 

13 agreement under subsection (c) by the earlier of the 

14 date that is 5 years after the date of enactment of 

15 this Act and the date that is 3 years after the date 

16 of enactment of a congressionally approved settle17 ment of the water rights claims of the Fort Belknap 

18 Indian Community that the Secretary determines 

19 meets the considerations set forth in subparagraphs 

20 (A) through (C) of subsection (d)(2), the Secretary 

21 shall— 

22 (A) establish criteria that reflect the con23 siderations described in subparagraphs (A) 

24 through (C) of subsection (c)(2); and 


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1 (B) after consultation with the Tribe and 

2 the Fort Belknap Indian Community, provide 

3 for the exercise of the respective water rights on 

4 the respective reservations of the Tribe and the 

5 Fort Belknap Indian Community in the Milk 

6 River. 

7 (2) CONSIDERATION AS FINAL AGENCY AC8 TION.—The establishment by the Secretary of cri9 teria under paragraph (1) shall be considered to be 

10 a final agency action for purposes of review under 

11 chapter 7 of title 5, United States Code. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—There is authorized to be 

14 appropriated to the Secretary to carry out this sec15 tion $500,000. 

16 (2) USE OF FUNDS.—The Secretary shall dis17 tribute the funds made available under paragraph 

18 (1) to the Tribe and the Fort Belknap Indian Com19 munity for use to reach an agreement under this 

20 section, including for technical analyses and legal 

21 and other related efforts. 

22 SEC. 6. WATER DELIVERY THROUGH MILK RIVER PROJECT. 

23 (a) IN GENERAL.—The Secretary, acting through the 

24 Commissioner of Reclamation, shall carry out the activiVerDate Sep 11 2014 00:50 May 09, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1125.IS S1125

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1 ties authorized under this section with respect to the St. 

2 Mary River water right. 

3 (b) TREATMENT.—Notwithstanding article IV.D.4 of 

4 the Compact, any responsibility of the United States with 

5 respect to the St. Mary River water right shall be limited 

6 to and fulfilled pursuant to subsection (c) and subsections 

7 (a) and (b)(3) of section 15. 

8 (c) WATER DELIVERY CONTRACT.— 

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

10 after the enforceability date, the Secretary shall 

11 enter into a water delivery contract with the Tribe 

12 for the delivery of 5,000 acre-feet per year of the St. 

13 Mary River water right through Milk River Project 

14 facilities to the Tribe or another entity specified by 

15 the Tribe. 

16 (2) TERMS AND CONDITIONS.—The contract 

17 under paragraph (1) shall establish the terms and 

18 conditions for the water deliveries described in para19 graph (1) in accordance with the Compact and this 

20 Act. 

21 (3) REQUIREMENTS.—The water delivery con22 tract under paragraph (1) shall include provisions 

23 requiring that— 

24 (A) the contract shall be without limit as 

25 to term; 


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1 (B) the Tribe, and not the United States, 

2 shall collect, and shall be entitled to, all consid3 eration due to the Tribe under any lease, con4 tract, or agreement entered into by the Tribe 

5 pursuant to subsection (f); 

6 (C) the United States shall have no obliga7 tion to monitor, administer, or account for— 

8 (i) any funds received by the Tribe as 

9 consideration under any lease, contract, or 

10 agreement entered into by the Tribe pursu11 ant to subsection (f); or 

12 (ii) the expenditure of such funds; 

13 (D) if water deliveries under the contract 

14 are interrupted for an extended period of time 

15 because of damage to, or a reduction in the ca16 pacity of, St. Mary Unit facilities, the rights of 

17 the Tribe shall be treated the same as the 

18 rights of other contractors receiving water deliv19 eries through the Milk River Project with re20 spect to the water delivered under this section; 

21 (E) deliveries of water under this sub22 section shall be— 

23 (i) limited to not greater than 5,000 

24 acre-feet of water in any 1 year; 


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1 (ii) consistent with operations of the 

2 Milk River Project; and 

3 (iii) without additional cost to the 

4 Milk River Project water users; and 

5 (F) the Tribe shall not be required to pay 

6 OM&R for the 5,000 acre-feet delivered under 

7 subparagraph (E)(i), except the Tribe shall pay 

8 annually the proportionate share of OM&R allo9 cable to any quantity of water delivered to a 

10 third party for industrial purposes under a sub11 contract entered into by the Tribe pursuant to 

12 subsection (f). 

13 (d) SHORTAGE SHARING OR REDUCTION.— 

14 (1) IN GENERAL.—The 5,000 acre-feet per year 

15 of water delivered under subsection (c)(3)(E)(i) shall 

16 not be subject to shortage sharing or reduction, ex17 cept as provided in paragraph (3)(D) of that sub18 section. 

19 (2) NO INJURY TO MILK RIVER PROJECT

20 WATER USERS.—Notwithstanding article IV.D.4 of 

21 the Compact, any reduction in the Milk River 

22 Project water supply caused by the delivery of water 

23 under subsection (c) shall not constitute injury to 

24 Milk River Project water users. 

25 (e) SUBSEQUENT CONTRACTS.— 


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1 (1) IN GENERAL.—As part of the studies au2 thorized under section 7(b), the Secretary, acting 

3 through the Commissioner of Reclamation, and in 

4 cooperation with the Tribe, shall identify alternatives 

5 to provide to the Tribe water from the St. Mary 

6 River water right in quantities greater than the 

7 5,000 acre-feet per year of water described in sub8 section (c)(3)(E)(i). 

9 (2) CONTRACT FOR WATER DELIVERY.—If the 

10 Secretary determines under paragraph (1) that 

11 greater than 5,000 acre-feet per year of the St. 

12 Mary River water right can be delivered to the 

13 Tribe, the Secretary shall offer to enter into 1 or 

14 more contracts with the Tribe for the delivery of 

15 that water, subject to the requirements of subsection 

16 (c)(3) and this subsection. 

17 (3) TREATMENT.—Any delivery of water under 

18 this subsection shall be— 

19 (A) in accordance with article IV.D.4 of 

20 the Compact; and 

21 (B) subject to reduction in the same man22 ner as for Milk River Project contract holders. 

23 (f) SUBCONTRACTS.— 

24 (1) IN GENERAL.—The Tribe may enter into 

25 any subcontract for the delivery of water under this 


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1 section to a third party, in accordance with section 

2 14(e). 

3 (2) COMPLIANCE WITH OTHER LAW.—All sub4 contracts described in paragraph (1) shall comply 

5 with this Act, the Compact, the tribal water code, 

6 and other applicable law. 

7 (3) NO LIABILITY.—The Secretary shall not be 

8 liable to any party, including the Tribe, for any term 

9 of, or any loss or other detriment resulting from, a 

10 lease, contract, or other agreement entered into pur11 suant to this subsection. 

12 (g) EFFECT OF PROVISIONS.—Nothing in this sec13 tion— 

14 (1) precludes the Tribe from taking the 5,000 

15 acre-feet per year of water described in subsection 

16 (c)(3)(E)(i), or any additional water provided under 

17 subsection (e), from the direct flow of the St. Mary 

18 River; or 

19 (2) modifies the provisions of article III.G.1.a.ii, 

20 article III.G.1.b–c, or article III.G.1.e of the Com21 pact. 

22 (h) OTHER RIGHTS.—Notwithstanding article 

23 III.G.1.d of the Compact, after satisfaction of all water 

24 rights under State law, including the Milk River Project 

25 water rights, the Tribe shall have the right to the remainVerDate Sep 11 2014 21:29 May 11, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1125.IS S1125

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1 ing portion of the share of the United States in the St. 

2 Mary River under the International Boundary Waters 

3 Treaty of 1909 (36 Stat. 2448) for any tribally authorized 

4 use or need. 

5 SEC. 7. BUREAU OF RECLAMATION ACTIVITIES TO IM6 PROVE WATER MANAGEMENT. 

7 (a) USE OF MILK RIVER PROJECT FACILITIES FOR

8 THE BENEFIT OF THE TRIBE.—Use of Milk River Project 

9 facilities to transport water for the Tribe pursuant to sub10 sections (c) and (e) of section 6, together with any use 

11 by the Tribe of such water in accordance with the tribal 

12 water code— 

13 (1) shall be considered an authorized purpose of 

14 the Milk River Project; and 

15 (2) shall not change the priority date of any 

16 Tribal water rights. 

17 (b) ST. MARY RIVER STUDIES.—The Secretary, in 

18 cooperation with the Tribe and the State, shall conduct— 

19 (1) an appraisal study— 

20 (A) to develop a plan for the management 

21 and development of water supplies in the St. 

22 Mary River Basin and Milk River Basin, includ23 ing the St. Mary River and Milk River water 

24 supplies for the Tribe and the Milk River water 


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1 supplies for the Fort Belknap Indian Commu2 nity; and 

3 (B) to identify alternatives to develop addi4 tional water of the St. Mary River for the 

5 Tribe; and 

6 (2) a feasibility study— 

7 (A) using the information from the ap8 praisal study conducted under paragraph (1), to 

9 evaluate the feasibility of— 

10 (i) alternatives for the rehabilitation 

11 of the St. Mary Diversion Dam and Canal; 

12 and 

13 (ii) increased storage in Fresno Res14 ervoir of the Milk River Project; and 

15 (B) to create a cost allocation study that 

16 is based on the authorized purposes described 

17 in subsection (a). 

18 (3) SUBMISSION TO CONGRESS.—Not later than 

19 3 years after the date on which funds are made 

20 available to carry out this Act, the Secretary shall 

21 submit to the Committee on Energy and Natural 

22 Resources of the Senate and the Committee on Nat23 ural Resources of the House of Representatives a re24 port describing the results of the study under this 

25 subsection. 


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1 (4) COSTS NONREIMBURSABLE.—The cost of 

2 the studies under this subsection shall not be— 

3 (A) considered to be a project cost; or 

4 (B) reimbursable in accordance with the 

5 Federal reclamation laws. 

6 (5) APPLICABILITY OF ISDEAA.—At the request 

7 of the Tribe, and in accordance with the Indian Self8 Determination and Education Assistance Act (25 

9 U.S.C. 450 et seq.), the Secretary shall enter into 1 

10 or more agreements with the Tribe to carry out the 

11 study described in paragraph (1). 

12 (c) SWIFTCURRENT CREEK BANK STABILIZATION.— 

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

14 through the Commissioner of Reclamation, shall 

15 carry out appropriate activities concerning the 

16 Swiftcurrent Creek Bank Stabilization Project, in17 cluding review of the final design of the project and 

18 value engineering analyses. 

19 (2) MODIFICATION OF FINAL DESIGN.—Prior to 

20 beginning construction activities for the Swiftcurrent 

21 Creek Bank Stabilization Project, on the basis of the 

22 review conducted under paragraph (1), the Secretary 

23 shall negotiate with the Tribe appropriate changes, 

24 if any, to the final design— 


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1 (A) to ensure compliance with applicable 

2 industry standards; and 

3 (B) to improve the cost-effectiveness of the 

4 Swiftcurrent Creek Bank Stabilization Project. 

5 (3) APPLICABILITY OF ISDEAA.—At the request 

6 of the Tribe, and in accordance with the Indian Self7 Determination and Education Assistance Act (25 

8 U.S.C. 450 et seq.), the Secretary shall enter into 1 

9 or more agreements with the Tribe to carry out the 

10 Swiftcurrent Bank Stabilization Project. 

11 (d) ADMINISTRATION.—The Commissioner of Rec12 lamation and the Tribe shall negotiate the cost of any 

13 oversight activity carried out by the Bureau of Reclama14 tion under any agreement entered into under this section, 

15 subject to the condition that the total cost for the over16 sight shall not exceed 4 percent of the total costs incurred 

17 under this section. 

18 (e) MILK RIVER PROJECT RIGHTS-OF-WAY AND

19 EASEMENTS.—As soon as practicable after the date of en20 actment of this Act, the Secretary and the Tribe shall 

21 enter into an agreement to resolve all issues associated 

22 with the location and extent of the rights-of-way, ease23 ments, and other property interests of the United States 

24 in and to the Milk River Project that are located on tribal 

25 land. 


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1 (f) FUNDING.—The total amount of obligations in2 curred by the Secretary shall not exceed— 

3 (1) $3,800,000 to carry out subsection (b); 

4 (2) $20,700,000 to carry out subsection (c); 

5 and 

6 (3) $1,700,000 to carry out subsection (e). 

7 SEC. 8. ST. MARY CANAL HYDROELECTRIC POWER GENERA8 TION. 

9 (a) IN GENERAL.— 

10 (1) EXCLUSIVE RIGHT OF THE TRIBE.—Subject 

11 to paragraph (2) and notwithstanding any other pro12 vision of law, if the St. Mary Unit is rehabilitated, 

13 the Tribe shall have the exclusive right to develop 

14 and market hydroelectric power of the St. Mary 

15 Unit. 

16 (2) LIMITATIONS.—The exclusive right de17 scribed in paragraph (1)— 

18 (A) shall expire 15 years after the date of 

19 enactment of an Act appropriating funds for 

20 the rehabilitation described in that paragraph; 

21 and 

22 (B) may be extended by the Secretary at 

23 the request of the Tribe. 

24 (3) OM&R COSTS.—Beginning on the date that 

25 is 10 years after the date on which the Tribe begins 


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1 marketing hydroelectric power generated from the 

2 St. Mary Unit to third parties, the Tribe shall make 

3 annual payments for operation, maintenance, and re4 placement costs attributable to the direct use of any 

5 facilities by the Tribe for hydroelectric power gen6 eration in amounts determined in accordance with 

7 the guidelines and methods of the Bureau of Rec8 lamation for assessing operation, maintenance, and 

9 replacement charges. 

10 (b) BUREAU OF RECLAMATION JURISDICTION.—The 

11 Commissioner of Reclamation shall have exclusive jurisdic12 tion to authorize development of hydropower on the St. 

13 Mary Unit. 

14 (c) BUREAU OF RECLAMATION COOPERATION.—The 

15 Commissioner of Reclamation shall cooperate with the 

16 Tribe in the development of any hydroelectric power gen17 eration project under this section. 

18 (d) AGREEMENT.—Before construction of a hydro19 electric power generation project under this section, the 

20 Tribe shall enter into an agreement with the Commis21 sioner of Reclamation that includes provisions requiring 

22 that— 

23 (1) the design, construction, and operation of 

24 the project shall be consistent with the Bureau of 

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1 electric power development at Bureau facilities, as 

2 appropriate; and 

3 (2) the hydroelectric power generation project 

4 shall be consistent with the operations of the Milk 

5 River Project, including agreements— 

6 (A) regarding operating criteria and emer7 gency procedures; and 

8 (B) under which any modification proposed 

9 by the Tribe to a facility owned by the Bureau 

10 of Reclamation shall be subject to review and 

11 approval by the Secretary, acting through the 

12 Commissioner of Reclamation. 

13 (e) USE OF HYDROELECTRIC POWER BY TRIBE.— 

14 Any hydroelectric power generated in accordance with this 

15 section shall be used or marketed by the Tribe. 

16 (f) REVENUES.—The Tribe shall collect and retain 

17 any revenues from the sale of hydroelectric power gen18 erated by a project under this section. 

19 (g) LIABILITY OF THE UNITED STATES.—The 

20 United States shall have no obligation to monitor, admin21 ister, or account for— 

22 (1) any revenues received by the Tribe under 

23 this section; or 

24 (2) the expenditure of such revenues. 


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1 (h) PREFERENCE.—For any period for which the ex2 clusive right of the Tribe described in subsection (a)(1) 

3 is not in effect, including any period before the enforce4 ability date, the Tribe shall have a preference to develop 

5 hydropower on the St. Mary Unit facilities in the same 

6 manner as States and municipalities under section 7(a) 

7 of the Federal Power Act (16 U.S.C. 800(a)) or any other 

8 applicable law or regulation. 

9 SEC. 9. STORAGE ALLOCATION FROM LAKE ELWELL. 

10 (a) STORAGE ALLOCATION TO TRIBE.—The Sec11 retary shall allocate to the Tribe 50,000 acre-feet per year 

12 of water stored in Lake Elwell for use by the Tribe for 

13 any beneficial purpose on or off the Reservation, under 

14 a water right held by the United States and managed by 

15 the Bureau of Reclamation, as measured at the outlet 

16 works of Tiber Dam or through direct pumping from Lake 

17 Elwell. 

18 (b) TREATMENT.— 

19 (1) IN GENERAL.—The allocation to the Tribe 

20 under subsection (a) shall be considered to be part 

21 of the Tribal water rights. 

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

23 allocation to the Tribe under subsection (a) shall be 

24 the priority date of the Lake Elwell water right held 

25 by the Bureau of Reclamation. 


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1 (3) ADMINISTRATION.—The Tribe shall admin2 ister the water allocated under subsection (a) in ac3 cordance with the Compact and this Act. 

4 (c) ALLOCATION AGREEMENT.— 

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

6 an allocation under this section, the Tribe shall 

7 enter into an agreement with the Secretary to estab8 lish the terms and conditions of the allocation, in ac9 cordance with the Compact and this Act. 

10 (2) INCLUSIONS.—The agreement under para11 graph (1) shall include provisions that— 

12 (A) the agreement shall be without limit as 

13 to term; 

14 (B) the Tribe, and not the United States, 

15 shall be entitled to all consideration due to the 

16 Tribe under any lease, contract, or agreement 

17 entered into by the Tribe pursuant to sub18 section (d); 

19 (C) the United States shall have no obliga20 tion to monitor, administer, or account for— 

21 (i) any funds received by the Tribe as 

22 consideration under any lease, contract, or 

23 agreement entered into by the Tribe pursu24 ant to subsection (d); or 

25 (ii) the expenditure of such funds; 


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1 (D) if the capacity or function of Lake 

2 Elwell facilities are significantly reduced, or are 

3 anticipated to be significantly reduced, for an 

4 extended period of time, the Tribe shall have 

5 the same storage rights as other storage con6 tractors with respect to the allocation under 

7 this section; 

8 (E) the costs associated with the construc9 tion of the storage facilities at Tiber Dam allo10 cable to the Tribe shall be nonreimbursable; 

11 (F) no water service capital charge shall be 

12 due or payable for any water allocated to the 

13 Tribe pursuant to this section or the allocation 

14 agreement, regardless of whether that water is 

15 delivered for use by the Tribe or under a lease, 

16 contract, or by agreement entered into by the 

17 Tribe pursuant to subsection (d); 

18 (G) the Tribe shall not be required to 

19 make payments to the United States for any 

20 water allocated to the Tribe under this Act or 

21 the allocation agreement, except for each acre22 foot of stored water leased or transferred for in23 dustrial purposes as described in subparagraph 

24 (H); and 


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

2 leased or transferred by the Tribe for industrial 

3 purposes— 

4 (i) the Tribe shall pay annually to the 

5 United States an amount necessary to 

6 cover the proportional share of the annual 

7 operation, maintenance, and replacement 

8 costs allocable to the quantity of water 

9 leased or transferred by the Tribe for in10 dustrial purposes; and 

11 (ii) the annual payments of the Tribe 

12 shall be reviewed and adjusted, as appro13 priate, to reflect the actual operation, 

14 maintenance, and replacement costs for 

15 Tiber Dam. 

16 (d) AGREEMENTS BY TRIBE.—The Tribe may use, 

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

18 for use of the water allocated to the Tribe under sub19 section (a) if— 

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

21 an agreement occurs within the Missouri River 

22 Basin; and 

23 (2) the agreement does not permanently alien24 ate any portion of the water allocated to the Tribe 

25 under subsection (a). 


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1 (e) EFFECTIVE DATE.—The allocation under sub2 section (a) takes effect on the enforceability date. 

3 (f) NO CARRY-OVER STORAGE.—The allocation 

4 under subsection (a) shall not be increased by any year5 to-year carryover storage. 

6 (g) DEVELOPMENT AND DELIVERY COSTS.—The 

7 United States shall not be required to pay the cost of de8 veloping or delivering to the Reservation any water allo9 cated under this section. 

10 SEC. 10. IRRIGATION ACTIVITIES. 

11 (a) IN GENERAL.—The Secretary, acting through the 

12 Commissioner of Reclamation and consistent with sub13 section (c), shall carry out the following actions relating 

14 to the Blackfeet Irrigation Project: 

15 (1) Deferred maintenance. 

16 (2) Dam safety improvements for Four Horns 

17 Dam. 

18 (3) Rehabilitation and enhancement of the Four 

19 Horns Feeder Canal, Dam, and Reservoir in accord20 ance with the Birch Creek Agreement. 

21 (b) LEAD AGENCY.—The Bureau of Reclamation 

22 shall serve as the lead agency with respect to any activities 

23 carried out under this section. 

24 (c) SCOPE OF DEFERRED MAINTENANCE ACTIVITIES

25 AND FOUR HORNS DAM SAFETY IMPROVEMENTS.—The 


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1 scope of the deferred maintenance activities and Four 

2 Horns Dam safety improvements shall be as generally de3 scribed in the document entitled ‘‘Engineering Evaluation 

4 and Condition Assessment, Blackfeet Irrigation Project’’, 

5 prepared by DOWL HKM, and dated August 2007, and 

6 the Four Horns Rehabilitated Dam sections of ‘‘Four 

7 Horns Dam Enlarged Appraisal Evaluation Design Re8 port’’, prepared by HKM, and dated April 2007, subject 

9 to the condition that, before commencing construction ac10 tivities, the Secretary shall— 

11 (1) review the design of the proposed rehabilita12 tion or improvement; 

13 (2) perform value engineering analyses; and 

14 (3) perform appropriate Federal environmental 

15 compliance activities. 

16 (d) SCOPE OF REHABILITATION AND ENHANCEMENT

17 OF FOUR HORNS FEEDER CANAL, DAM, AND RES18 ERVOIR.— 

19 (1) IN GENERAL.—The scope of the rehabilita20 tion and improvements shall be as generally de21 scribed in the document entitled ‘‘Four Horns Feed22 er Canal Rehabilitation with Export’’, prepared by 

23 DOWL HKM, and dated April 2013, subject to the 

24 condition that, before commencing construction ac25 tivities, the Secretary shall— 


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1 (A) review the design of the proposed reha2 bilitation or improvement; 

3 (B) perform value engineering analyses; 

4 and 

5 (C) perform appropriate Federal environ6 mental compliance activities. 

7 (2) INCLUSIONS.—The activities carried out by 

8 the Secretary under this subsection shall include— 

9 (A) the rehabilitation or improvement of 

10 the Four Horns feeder canal system to a capac11 ity of not fewer than 360 cubic feet per second; 

12 (B) the rehabilitation or improvement of 

13 the outlet works of Four Horns Dam and Res14 ervoir to deliver 15,000 acre-feet of water per 

15 year, in accordance with subparagraph (C); and 

16 (C) construction of facilities to deliver 

17 15,000 acre-feet of water per year from Four 

18 Horns Dam and Reservoir, to a point on or 

19 near Birch Creek to be designated by the Tribe 

20 and the State for delivery of water to the water 

21 delivery system of the Pondera County Canal 

22 and Reservoir Company on Birch Creek, in ac23 cordance with the Birch Creek Agreement. 

24 (3) NEGOTIATION WITH TRIBE.—On the basis 

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1 retary shall negotiate with the Tribe appropriate 

2 changes to the final design of any activity under this 

3 subsection to ensure that the final design meets ap4 plicable industry standards. 

5 (e) FUNDING.—The total amount of obligations in6 curred by the Secretary in carrying out this section shall 

7 not exceed $54,900,000, of which— 

8 (1) $40,900,000 shall be allocated to carry out 

9 the activities under subsection (c); and 

10 (2) $14,000,000 shall be allocated to carry out 

11 the activities under subsection (d)(2). 

12 (f) NONREIMBURSABILITY OF COSTS.—All costs in13 curred by the Secretary in carrying out this section shall 

14 be nonreimbursable. 

15 (g) NON-FEDERAL CONTRIBUTION.—No part of the 

16 project under subsection (d)(2) shall be commenced until 

17 the State has made available $20,000,000 to carry out the 

18 activities under that subsection. 

19 (h) ADMINISTRATION.—The Commissioner of Rec20 lamation and the Tribe shall negotiate the cost of any 

21 oversight activity carried out by the Bureau of Reclama22 tion under any agreement entered into under subsection 

23 (m), subject to the condition that the total cost for the 

24 oversight shall not exceed 4 percent of the total project 

25 costs for each project. 


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

2 planning, design, and construction activities of the 

3 projects described in this section results in cost savings 

4 and is less than the amounts authorized to be obligated, 

5 the Secretary, at the request of the Tribe, may— 

6 (1) use those cost savings to carry out the 

7 projects described in sections 7(c), 11, or 12; or 

8 (2) transfer those cost savings to the Blackfeet 

9 OM&R Trust Account. 

10 (j) OWNERSHIP BY THE TRIBE.— 

11 (1) BLACKFEET IRRIGATION PROJECT.—Not12 withstanding any other provision of law, on receipt 

13 of a request by the Tribe, the Secretary, at the dis14 cretion of the Secretary, may transfer to the Tribe, 

15 at no cost, title in and to each facility, asset, and 

16 other property of the Blackfeet Irrigation Project. 

17 (2) BIRCH CREEK DELIVERY FACILITIES.—Not18 withstanding any other provision of law, the Sec19 retary shall transfer to the Tribe, at no cost, title in 

20 and to the facilities constructed under subsection 

21 (d)(2)(C) together with any associated personalty. 

22 (k) OWNERSHIP, OPERATION, AND MAINTENANCE.— 

23 On transfer of title under subsection (j)(2) to the Tribe 

24 of the facilities constructed under subsection (d)(2)(C), 

25 the Tribe shall— 


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1 (1) be responsible for OM&R in accordance with 

2 the Birch Creek Agreement; and 

3 (2) enter into an agreement with the Bureau of 

4 Indian Affairs for the operation of the facilities de5 scribed in that subsection. 

6 (l) LIABILITY OF UNITED STATES.—The United 

7 States shall have no obligations or responsibilities with re8 spect the facilities described in subsection (d)(2)(C). 

9 (m) APPLICABILITY OF ISDEAA.—At the request of 

10 the Tribe and in accordance with the Indian Self-Deter11 mination and Education Assistance Act (25 U.S.C. 450 

12 et seq.), the Secretary shall enter into 1 or more agree13 ments with the Tribe to carry out this section. 

14 (n) EFFECT.—Nothing in this section alters applica15 ble law (including regulations) under which the Bureau 

16 of Indian Affairs collects assessments and carries out 

17 Blackfeet Irrigation Project OM&R, or impacts the avail18 ability of amounts made available under subsections (a) 

19 and (b)(2) of section 15. 

20 SEC. 11. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 

21 (a) IN GENERAL.—The Secretary, acting through the 

22 Commissioner of Reclamation, shall plan, design, and con23 struct the water diversion and delivery features of the 

24 MR&I System in accordance with 1 or more agreements 

25 between the Secretary and the Tribe. 


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1 (b) LEAD AGENCY.—The Bureau of Reclamation 

2 shall serve as the lead agency with respect to any activity 

3 to design and construct the water diversion and delivery 

4 features of the MR&I System. 

5 (c) SCOPE.— 

6 (1) IN GENERAL.—The scope of the design and 

7 construction under this section shall be as generally 

8 described in the document entitled ‘‘Blackfeet Re9 gional Water System’’, prepared by DOWL HKM, 

10 dated June 2010, and modified by DOWL HKM in 

11 the addendum to the report dated March 2013, sub12 ject to the condition that, before commencing final 

13 design and construction activities, the Secretary 

14 shall— 

15 (A) review the design of the proposed reha16 bilitation and construction; 

17 (B) perform value engineering analyses; 

18 and 

19 (C) perform appropriate Federal compli20 ance activities. 

21 (2) NEGOTIATION WITH TRIBE.—On the basis 

22 of the review described in paragraph (1)(A), the Sec23 retary shall negotiate with the Tribe appropriate 

24 changes, if any, to the final design— 


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1 (A) to ensure that the final design meets 

2 applicable industry standards; and 

3 (B) to improve the cost-effectiveness of the 

4 delivery of MR&I System water. 

5 (d) NONREIMBURSABILITY OF COSTS.—All costs in6 curred by the Secretary in carrying out this section shall 

7 be nonreimbursable. 

8 (e) FUNDING.—The total amount of obligations in9 curred by the Secretary in carrying out this section shall 

10 not exceed $ 76,200,000. 

11 (f) NON-FEDERAL CONTRIBUTION.— 

12 (1) CONSULTATION.—Before completion of the 

13 final design of the MR&I System required by sub14 section (c), the Secretary shall consult with the 

15 Tribe, the State, and other affected non-Federal 

16 parties to discuss the possibility of receiving non17 Federal contributions for the cost of the MR&I Sys18 tem. 

19 (2) NEGOTIATIONS.—If, based on the extent to 

20 which non-Federal parties are expected to use the 

21 MR&I System, a non-Federal contribution to the 

22 MR&I System is determined by the parties described 

23 in paragraph (1) to be appropriate, the Secretary 

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1 ing the means by which such contributions shall be 

2 provided. 

3 (g) OWNERSHIP BY THE TRIBE.—Title to the MR&I 

4 System and all facilities rehabilitated or constructed under 

5 this section shall be held by the Tribe. 

6 (h) ADMINISTRATION.—The Commissioner of Rec7 lamation and the Tribe shall negotiate the cost of any 

8 oversight activity carried out by the Bureau of Reclama9 tion under any agreement entered into under this section, 

10 subject to the condition that the total cost for the over11 sight shall not exceed 4 percent of the total costs incurred 

12 under this section. 

13 (i) OM&R COSTS.—The Federal Government shall 

14 have no obligation to pay for the operation, maintenance, 

15 or replacement costs for the facilities rehabilitated or con16 structed under this section. 

17 (j) PROJECT EFFICIENCIES.—If the total cost of 

18 planning, design, and construction activities of the 

19 projects described in this section results in cost savings 

20 and is less than the amounts authorized to be obligated, 

21 the Secretary, at the request of the Tribe, may— 

22 (1) use those cost savings to carry out projects 

23 described in sections 7(c), 10, and 12; or 

24 (2) transfer those cost savings to the Blackfeet 

25 OM&R Trust Account. 


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1 (k) APPLICABILITY OF ISDEAA.—At the request of 

2 the Tribe, and in accordance with the Indian Self-Deter3 mination and Education Assistance Act (25 U.S.C. 450 

4 et seq.), the Secretary shall enter into 1 or more agree5 ments with the Tribe to carry out this section. 

6 (l) EFFECT.—Nothing in this section impacts the 

7 availability of the amounts made available under sub8 sections (a) and (b)(2) of section 15. 

9 SEC. 12. BLACKFEET WATER, STORAGE, AND DEVELOP10 MENT PROJECTS. 

11 (a) IN GENERAL.— 

12 (1) SCOPE.—The scope of the construction 

13 under this section shall be as generally described in 

14 the document entitled ‘‘Blackfeet Water Storage, 

15 Development, and Project Report’’, prepared by 

16 DOWL HKM, and dated March 2013. 

17 (2) MODIFICATION.—The Tribe may modify the 

18 scope of construction for the projects described in 

19 the document referred to in paragraph (1) if— 

20 (A) the modified project is similar to the 

21 proposed project and consistent with the pur22 poses of this Act; and 

23 (B) the modification is approved by the 

24 Secretary. 


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1 (b) NONREIMBURSABILITY OF COSTS.—All costs in2 curred by the Secretary in carrying out this section shall 

3 be nonreimbursable. 

4 (c) FUNDING.—The total amount of obligations in5 curred by the Secretary in carrying out this section shall 

6 not exceed $178,300,000. 

7 (d) OM&R COSTS.—The Federal Government shall 

8 have no obligation to pay for the operation, maintenance, 

9 or replacement costs for the facilities rehabilitated or con10 structed under this section. 

11 (e) OWNERSHIP BY THE TRIBE.—Title to any facility 

12 constructed under this section shall be held by the Tribe. 

13 (f) EFFECT.—Nothing in this section impacts the 

14 availability of the amounts made available under sub15 sections (a) and (b)(2) of section 15. 

16 SEC. 13. EASEMENTS AND RIGHTS-OF-WAY. 

17 (a) IN GENERAL.— 

18 (1) TRIBAL EASEMENTS AND RIGHTS-OF19 WAY.—On request of the Secretary, the Tribe shall 

20 grant, at no cost to the United States, such ease21 ments and rights-of-way over tribal land as are nec22 essary for the construction of the projects authorized 

23 by sections 10 and 11. 

24 (2) JURISDICTION.—The Tribe shall not be di25 vested of criminal and civil jurisdiction over any land 


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1 for which an easement or right-of-way is granted 

2 under this subsection. 

3 (b) LANDOWNER EASEMENTS AND RIGHTS-OF4 WAY.—In partial consideration for the construction activi5 ties authorized by this section and as a condition of receiv6 ing service from the MR&I System, a landowner shall 

7 grant, at no cost to the United States or the Tribe, such 

8 easements and rights-of-way over the land of the land9 owner as may be necessary for the construction of the 

10 MR&I System. 

11 (c) LAND ACQUIRED BY THE UNITED STATES OR

12 THE TRIBE.—Land acquired within the Reservation by 

13 the United States or the Tribe in connection with the con14 struction of the projects authorized by this Act shall be 

15 held in trust by the United States for the benefit of the 

16 Tribe. 

17 SEC. 14. TRIBAL WATER RIGHTS. 

18 (a) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

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

20 ratified, confirmed, and declared to be valid. 

21 (2) USE.—Use of the Tribal water rights shall 

22 be subject to the terms and conditions of the Com23 pact and this Act. 


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1 (3) CONFLICT.—In the event of conflict be2 tween the Compact and this Act, the provisions of 

3 this Act shall control. 

4 (b) INTENT OF CONGRESS.—It is the intent of Con5 gress to provide to each allottee benefits that are equiva6 lent to, or exceed, the benefits the allottees possess on the 

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

8 consideration— 

9 (1) the potential risks, cost, and time delay as10 sociated with litigation that would be resolved by the 

11 Compact and this Act; 

12 (2) the availability of funding under this Act 

13 and from other sources; 

14 (3) the availability of water from the Tribal 

15 water rights; and 

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

17 February 8, 1887 (25 U.S.C. 381), and this Act to 

18 protect the interests of allottees. 

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

20 The Tribal water rights— 

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

22 for the use and benefit of the Tribe and allottees in 

23 accordance with this Act; and 

24 (2) shall not be subject to forfeiture or aban25 donment. 


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1 (d) ALLOTTEES.— 

2 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

3 1887.—The provisions of section 7 of the Act of Feb4 ruary 8, 1887 (25 U.S.C. 381), relating to the use 

5 of water for irrigation purposes shall apply to the 

6 Tribal water rights. 

7 (2) ENTITLEMENT TO WATER.—Any entitle8 ment to water of an allottee under Federal law shall 

9 be satisfied from the Tribal water rights. 

10 (3) ALLOCATIONS.—Allottees shall be entitled 

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

13 (4) CLAIMS.— 

14 (A) EXHAUSTION OF REMEDIES.—Before 

15 asserting any claim against the United States 

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

17 (25 U.S.C. 381), or any other applicable law, 

18 an allottee shall exhaust remedies available 

19 under the tribal water code or other applicable 

20 tribal law. 

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

23 tribal water code or other applicable tribal law, 

24 an allottee may seek relief under section 7 of 


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1 the Act of February 8, 1887 (25 U.S.C. 381), 

2 or other applicable law. 

3 (5) AUTHORITY.—The Secretary shall have the 

4 authority to protect the rights of allottees in accord5 ance with this section. 

6 (e) AUTHORITY OF TRIBE.— 

7 (1) IN GENERAL.—The Tribe shall have the au8 thority to allocate, distribute, and lease the Tribal 

9 water rights for any use on the Reservation in ac10 cordance with the Compact, this Act, and applicable 

11 Federal law. 

12 (2) OFF-RESERVATION USE.—The Tribe may 

13 allocate, distribute, and lease the Tribal water rights 

14 for off-Reservation use in accordance with the Com15 pact and on the approval of the Secretary. 

16 (f) TRIBAL WATER CODE.— 

17 (1) IN GENERAL.—Notwithstanding article 

18 IV.C.1. of the Compact, not later than 4 years after 

19 the date on which the Tribe ratifies the Compact in 

20 accordance with section 4, the Tribe shall enact a 

21 tribal water code that provides for— 

22 (A) the management, regulation, and gov23 ernance of all uses of the Tribal water rights in 

24 accordance with the Compact and this Act; and 


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1 (B) establishment by the Tribe of condi2 tions, permit requirements, and other require3 ments for the allocation, distribution, or use of 

4 the Tribal water rights in accordance with the 

5 Compact and this Act. 

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

7 the Secretary, the tribal water code shall provide— 

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

9 satisfied with water from the Tribal water 

10 rights; 

11 (B) a process by which an allottee may re12 quest that the Tribe provide water for irrigation 

13 use in accordance with this Act, including the 

14 provision of water under any allottee lease 

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

16 (25 U.S.C. 403); 

17 (C) a due process system for the consider18 ation and determination by the Tribe of any re19 quest by an allottee (or a successor in interest 

20 to an allottee) for an allocation of water for ir21 rigation purposes on allotted land, including a 

22 process for— 

23 (i) appeal and adjudication of any de24 nied or disputed distribution of water; and 


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1 (ii) resolution of any contested admin2 istrative decision; and 

3 (D) a requirement that any allottee assert4 ing a claim relating to the enforcement of rights 

5 of the allottee under the tribal water code, or 

6 to the quantity of water allocated to land of the 

7 allottee, shall exhaust all remedies available to 

8 the allottee under tribal law before initiating an 

9 action against the United States or petitioning 

10 the Secretary pursuant to subsection (d)(4)(B). 

11 (3) ACTION BY SECRETARY.— 

12 (A) IN GENERAL.—During the period be13 ginning on the date of enactment of this Act 

14 and ending on the date on which a tribal water 

15 code described in paragraphs (1) and (2) is en16 acted, the Secretary shall administer, with re17 spect to the rights of allottees, the Tribal water 

18 rights in accordance with this Act. 

19 (B) APPROVAL.—The tribal water code de20 scribed in paragraphs (1) and (2) shall not be 

21 valid unless— 

22 (i) the provisions of the tribal water 

23 code required by paragraph (2) are ap24 proved by the Secretary; and 


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1 (ii) each amendment to the tribal 

2 water code that affects a right of an allot3 tee is approved by the Secretary. 

4 (C) APPROVAL PERIOD.— 

5 (i) IN GENERAL.—The Secretary shall 

6 approve or disapprove the tribal water code 

7 or an amendment to the tribal water code 

8 not later than 180 days after the date on 

9 which the tribal water code or amendment 

10 is submitted to the Secretary. 

11 (ii) EXTENSION.—The deadline de12 scribed in clause (i) may be extended by 

13 the Secretary after consultation with the 

14 Tribe. 

15 (g) ADMINISTRATION.— 

16 (1) NO ALIENATION.—The Tribe shall not per17 manently alienate any portion of the Tribal water 

18 rights. 

19 (2) PURCHASES OR GRANTS OF LAND FROM IN20 DIANS.—The authorization provided by this Act for 

21 the allocation, distribution, leasing, or other ar22 rangement entered into pursuant to this Act shall be 

23 considered to satisfy any requirement for authoriza24 tion of the action by treaty or convention imposed by 


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

2 177). 

3 (3) PROHIBITION ON FORFEITURE.—The non4 use of all or any portion of the Tribal water rights 

5 by a lessee or contractor shall not result in the for6 feiture, abandonment, relinquishment, or other loss 

7 of all or any portion of the Tribal water rights. 

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

9 in this section, nothing in this Act— 

10 (1) authorizes any action by an allottee against 

11 any individual or entity, or against the Tribe, under 

12 Federal, State, tribal, or local law; or 

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

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

15 United States Code. 

16 SEC. 15. BLACKFEET SETTLEMENT FUND. 

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

18 Treasury of the United States a fund to be known as the 

19 ‘‘Blackfeet Settlement Fund’’ (referred to in this section 

20 as the ‘‘Fund’’) to be managed, invested, and distributed 

21 by the Secretary, consisting of the amounts deposited in 

22 the Fund under subsection (c), together with any interest 

23 earned on those amounts, to be available until expended 

24 and to be used solely for the purpose of carrying out this 

25 Act. 


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

2 Fund the following accounts: 

3 (1) The Administration and Energy Account. 

4 (2) The OM&R Account. 

5 (3) The St. Mary Account. 

6 (4) The Blackfeet Water, Storage, and Develop7 ment Projects Account. 

8 (5) The MR&I System Account. 

9 (6) The Blackfeet Irrigation Project Deferred 

10 Maintenance, Four Horns Dam Safety, and Reha11 bilitation and Enhancement of the Four Horns 

12 Feeder Canal, Dam, and Reservoir Improvements 

13 Account. 

14 (7) The St. Mary/Milk Water Management and 

15 Activities Fund. 

16 (c) TRANSFERS.—The Secretary shall transfer to the 

17 Fund— 

18 (1) to the Administration and Energy Account, 

19 the amount made available pursuant to section 

20 16(a)(1); 

21 (2) in the OM&R Account, the amount made 

22 available pursuant to section 16(a)(2); 

23 (3) in the St. Mary Account, the amount made 

24 available pursuant to section 16(a)(3); 


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1 (4) in the Blackfeet Water, Storage, and Devel2 opment Projects Account, the amount made avail3 able pursuant to section 16(a)(5); 

4 (5) for the MR&I System Account, the amount 

5 made available pursuant to section 16(a)(4); 

6 (6) for the Blackfeet Irrigation Project De7 ferred Maintenance, Four Horns Dam Safety, and 

8 Rehabilitation and Enhancement of the Four Horns 

9 Feeder Canal, Dam, and Reservoir Improvements 

10 Account, the amount made available pursuant to 

11 section 16(a)(6); and 

12 (7) for the St. Mary/Milk Water Management 

13 and Activities Fund, the amount made available pur14 suant to section 16(a)(7). 

15 (d) MANAGEMENT OF SETTLEMENT FUND.—The 

16 Secretary shall manage, invest, and distribute all amounts 

17 in the Fund in a manner that is consistent with the invest18 ment authority of the Secretary under— 

19 (1) the first section of the Act of June 24, 

20 1938 (25 U.S.C. 162a); 

21 (2) the American Indian Trust Fund Manage22 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

23 and 

24 (3) this section. 

25 (e) AVAILABILITY OF AMOUNTS.— 


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

2 and deposited in, the Fund, including any invest3 ment earnings, shall be made available to the Tribe 

4 by the Secretary beginning on the enforceability 

5 date. 

6 (2) FUNDING FOR TRIBAL IMPLEMENTATION

7 ACTIVITIES.—Notwithstanding paragraph (1), as 

8 soon as practicable after the date on which the Tribe 

9 ratifies the Compact, and subject to the availability 

10 of appropriations, the Secretary shall make available 

11 to the Tribe to carry out this Act $4,800,000 from 

12 the Administration and Energy Account. 

13 (f) WITHDRAWALS BY TRIBE.— 

14 (1) IN GENERAL.—The Tribe may withdraw all 

15 or part of the funds in the Fund, not including the 

16 $3,800,000 made available for the St. Mary River 

17 studies under section 7(b), on approval by the Sec18 retary of a tribal management plan submitted by the 

19 Tribe in accordance with the American Indian Trust 

20 Fund Management Reform Act of 1994 (25 U.S.C. 

21 4001 et seq.). 

22 (2) REQUIREMENTS.— 

23 (A) IN GENERAL.—In addition to the re24 quirements under the American Indian Trust 

25 Fund Management Reform Act of 1994 (25 


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

2 plan under paragraph (1) shall require that the 

3 Tribe shall spend all amounts withdrawn from 

4 the Fund in accordance with this Act. 

5 (B) ENFORCEMENT.—The Secretary may 

6 carry out such judicial or administrative actions 

7 as the Secretary determines to be necessary to 

8 enforce the tribal management plan to ensure 

9 that amounts withdrawn by the Tribe from the 

10 Trust Fund under this subsection are used in 

11 accordance with this Act. 

12 (g) WITHDRAWALS BY TRIBE PURSUANT TO EX13 PENDITURE PLAN.— 

14 (1) IN GENERAL.—The Tribe may request that 

15 all or part of the funds in the Fund be disbursed 

16 from the Fund pursuant to an approved expenditure 

17 plan consistent with this Act. 

18 (2) REQUIREMENTS.—The expenditure plan 

19 under paragraph (1) shall include a description of 

20 the manner and purpose for which the amounts pro21 posed to be withdrawn from the Fund will be used 

22 by the Tribe, in accordance with subsection (h). 

23 (3) APPROVAL.—On receipt of an expenditure 

24 plan under this subsection, the Secretary shall ap25 prove the plan if the Secretary determines that the 


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1 plan is reasonable and consistent with the purposes 

2 of this Act. 

3 (4) ENFORCEMENT.—The Secretary may carry 

4 out such judicial or administrative actions as the 

5 Secretary determines to be necessary to enforce an 

6 expenditure plan to ensure that amounts disbursed 

7 under this subsection are used in accordance with 

8 this Act. 

9 (h) USES.—Amounts from the Fund shall be used by 

10 the Tribe for the following purposes: 

11 (1) The Administration and Energy Account 

12 shall be used in accordance with subsection (e)(2) 

13 and for administration of the Tribal water rights 

14 and energy development projects under this Act and 

15 the Compact. 

16 (2) The OM&R Account shall be used to assist 

17 the Tribe in paying OM&R costs. 

18 (3) The St. Mary Account shall be distributed 

19 as follows: 

20 (A) Subject to subparagraph (B), all inter21 est earned on the account shall be distributed 

22 to the Tribe annually. 

23 (B) If the Tribe withdraws all or a portion 

24 of the principal under subsection (f) or (g)— 


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1 (i) subparagraph (A) shall not apply; 

2 and 

3 (ii) the Secretary shall distribute the 

4 interest earned on the account for that 

5 year as the Secretary determines appro6 priate. 

7 (4) The Blackfeet Water, Storage, and Develop8 ment Projects Account shall be used to carry out 

9 section 12. 

10 (5) The MR&I System Account shall be used to 

11 carry out section 11. 

12 (6) The Blackfeet Irrigation Project Deferred 

13 Maintenance, Four Horns Dam Safety, and Reha14 bilitation and Enhancement of the Four Horns 

15 Feeder Canal, Dam, and Reservoir Improvements 

16 Account shall be used to carry out section 10. 

17 (7) The St. Mary/Milk Water Management and 

18 Activities Account shall be used to carry out sections 

19 5 and 7. 

20 (i) NO FEDERAL LIABILITY.—The Secretary and the 

21 Secretary of the Treasury shall not be liable for the ex22 penditure or investment of any amounts withdrawn from 

23 the Fund by the Tribe under subsection (f) or (g). 


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1 (j) NO PER CAPITA DISTRIBUTIONS.—No portion of 

2 the Fund shall be distributed on a per capita basis to any 

3 member of the Tribe. 

4 (k) TRANSFER OF FUNDS.—On request by the Tribe, 

5 the Secretary may transfer amounts from an account de6 scribed in paragraph (1), (2), (4), (5), or (7) of subsection 

7 (b) to any other account the Secretary determines to be 

8 appropriate. 

9 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

11 to subsection (b), there is authorized to be appropriated 

12 to the Secretary— 

13 (1) for deposit in the Administration and En14 ergy Account, $28,900,000; 

15 (2) for deposit in the OM&R Account, 

16 $27,760,000; 

17 (3) for deposit in the St. Mary Account, 

18 $27,800,000; 

19 (4) for deposit in the MR&I System Account, 

20 $76,200,000; 

21 (5) for deposit in the Blackfeet Water, Storage, 

22 and Development Projects Account, $178,300,000; 

23 (6) for deposit in the Blackfeet Irrigation 

24 Project Deferred Maintenance, Four Horns Dam 

25 Safety, and Rehabilitation and Enhancement of the 


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1 Four Horns Feeder Canal, Dam, and Reservoir Im2 provements Account, $54,900,000, of which— 

3 (A) $40,900,000 shall be made available 

4 for activities and projects under section 10(c); 

5 and 

6 (B) $14,000,000 shall be made available 

7 for activities and projects under section 

8 10(d)(2); and 

9 (7) for deposit in the St. Mary/Milk Water 

10 Management and Activities Account, $26,700,000, 

11 of which— 

12 (A) $20,700,000 shall be allocated for the 

13 Swiftcurrent Creek Bank Stabilization Project; 

14 and 

15 (B) $500,000 shall be allocated to carry 

16 out section 5. 

17 (b) COST INDEXING.—All amounts authorized to be 

18 appropriated pursuant to paragraphs (2), (4), (5), (6), 

19 and (7) of subsection (a) shall be adjusted as necessary 

20 to reflect the changes since April 2010, in the construction 

21 costs indices applicable to the construction, maintenance, 

22 rehabilitation, or improvement of the projects and activi23 ties described in this Act as of the date of completion of 

24 the activity, construction, maintenance, rehabilitation, or 

25 improvement of the relevant project or activity. 


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1 SEC. 17. WATER RIGHTS IN LEWIS AND CLARK NATIONAL 

2 FOREST AND GLACIER NATIONAL PARK. 

3 The instream flow water rights of the Tribe on land 

4 within the Lewis and Clark National Forest and Glacier 

5 National Park are confirmed and shall be as set forth in 

6 the document entitled ‘‘Stipulation to Address Claims by 

7 and for the Benefit of the Blackfeet Indian Tribe to Water 

8 Rights in the Lewis & Clark National Forest and Glacier 

9 National Park’’ and ødated llllllll¿, and as 

10 finally decreed by the Montana Water Court, subject to 

11 section 18(e). 

12 SEC. 18. WAIVERS AND RELEASES OF CLAIMS. 

13 (a) IN GENERAL.— 

14 (1) WAIVERS AND RELEASES OF CLAIMS BY

15 TRIBE AND UNITED STATES ACTING IN ITS CAPACITY

16 AS TRUSTEE FOR TRIBE.—Subject to the retention 

17 of rights set forth in subsection (c), as consideration 

18 for recognition of the Tribal water rights and other 

19 benefits as set forth in the Compact and this Act, 

20 the Tribe, on behalf of itself and the members of the 

21 Tribe (but not tribal members in their capacities as 

22 allottees), and the United States, acting as trustee 

23 for the Tribe and the members of the Tribe (but not 

24 tribal members in their capacities as allottees), shall 

25 execute a waiver and release of all claims for water 

26 rights within the State that the Tribe, or the United 


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1 States acting as trustee for the Tribe, asserted or 

2 could have asserted in any proceeding, including a 

3 State stream adjudication, on or before the enforce4 ability date, except to the extent that such rights are 

5 recognized in the Compact and this Act. 

6 (2) WAIVER AND RELEASE OF CLAIMS BY THE

7 UNITED STATES ACTING IN ITS CAPACITY AS TRUST8 EE FOR ALLOTTEES.—Subject to the retention of 

9 claims set forth in subsection (c), as consideration 

10 for recognition of the Tribal water rights and other 

11 benefits as set forth in the Compact and this Act, 

12 the United States, acting as trustee for allottees, 

13 may execute a waiver and release of all claims for 

14 water rights within the Reservation that the United 

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

16 could have asserted in any proceeding, including a 

17 State stream adjudication, prior to and including the 

18 enforceability date, except to the extent that such 

19 rights are recognized in the Compact and this Act. 

20 (3) WAIVER AND RELEASE OF CLAIMS BY THE

21 TRIBE AGAINST UNITED STATES.—Subject to the re22 tention of rights set forth in subsection (c), the 

23 Tribe, on behalf of itself and the members of the 

24 Tribe (but not tribal members in their capacities as 

25 allottees), shall execute a waiver and release of— 


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1 (A) all claims against the United States 

2 (including the agencies and employees of the 

3 United States) relating to claims for water 

4 rights within the State that the United States, 

5 acting as trustee for the Tribe, asserted or 

6 could have asserted in any proceeding, including 

7 a stream adjudication in the State, except to 

8 the extent that such rights are recognized as 

9 Tribal water rights under this Act; 

10 (B) all claims against the United States 

11 (including the agencies and employees of the 

12 United States) relating to damages, losses, or 

13 injuries to water, water rights, land, or natural 

14 resources due to loss of water or water rights 

15 (including damages, losses, or injuries to hunt16 ing, fishing, gathering, or cultural rights due to 

17 loss of water or water rights, claims relating to 

18 interference with, diversion, or taking of water, 

19 or claims relating to failure to protect, acquire, 

20 replace, or develop water, water rights, or water 

21 infrastructure) within the State that first ac22 crued at any time prior to and including the en23 forceability date; 

24 (C) all claims against the United States 

25 (including the agencies and employees of the 


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1 United States) relating to the failure to estab2 lish or provide a municipal rural or industrial 

3 water delivery system on the Reservation; 

4 (D) all claims against the United States 

5 (including the agencies and employees of the 

6 United States) relating to deferral of mainte7 nance for the Blackfeet Irrigation Project or 

8 the failure to provide dam safety improvements 

9 for Four Horns Reservoir; 

10 (E) all claims against the United States 

11 (including the agencies and employees of the 

12 United States) relating to the litigation of 

13 claims relating to the water rights of the Tribe 

14 in the State; 

15 (F) all claims against the United States 

16 (including the agencies and employees of the 

17 United States) relating to the negotiation, exe18 cution, or the adoption of the Compact (includ19 ing exhibits) and this Act; 

20 (G) all claims against the United States 

21 (including the agencies and employees of the 

22 United States) reserved in subsections (b) 

23 through (d) of section 6 of the settlement for 

24 the case styled Blackfeet Tribe v. United 

25 States, No. 02–127L (Fed. Cl. 2012); 


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1 (H) all claims against the United States 

2 (including the agencies and employees of the 

3 United States) that first accrued at any time on 

4 or before the enforceability date arising from 

5 the taking or acquisition of the land of the 

6 Tribe or resources for the construction of the 

7 features of the St. Mary Unit of the Milk River 

8 Project; 

9 (I) all claims against the United States 

10 (including the agencies and employees of the 

11 United States) that first accrued at any time on 

12 or before the enforceability date relating to the 

13 construction, operation, and maintenance of the 

14 St. Mary Unit of the Milk River Project includ15 ing Sherburne Dam, St. Mary Diversion Dam, 

16 St. Mary Canal and associated infrastructure 

17 and the management of flows in Swiftcurrent 

18 Creek, including the diversion of Swiftcurrent 

19 Creek into Lower St. Mary Lake; 

20 (J) all claims against the United States 

21 (including the agencies and employees of the 

22 United States) that first accrued at any time on 

23 or before the enforceability date relating to the 

24 construction, operation, and management of 


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1 Lower Two Medicine Dam and Reservoir and 

2 Four Horns Dam and Reservoir; and 

3 (K) all claims against the United States 

4 (including the agencies and employees of the 

5 United States) that first accrued at any time on 

6 or before the enforceability date relating to the 

7 allocation of waters of the Milk River and St. 

8 Mary River (including tributaries) between the 

9 United States and Canada pursuant to the 

10 International Boundary Waters Treaty of 1909 

11 (36 Stat. 2448). 

12 (b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

13 The waivers under subsection (a) shall take effect on the 

14 enforceability date. 

15 (c) RESERVATION OF RIGHTS AND RETENTION OF

16 CLAIMS.—Notwithstanding the waivers and releases au17 thorized under this Act, the Tribe, on behalf of itself and 

18 the members of the Tribe, and the United States, acting 

19 as trustee for the Tribe and allottees, retain— 

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

21 any final decree, or this Act; 

22 (2) all rights to use and protect water rights ac23 quired after the date of enactment of this Act; 


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1 (3) all claims relating to activities affecting the 

2 quality of water, including any claims the Tribe may 

3 have under— 

4 (A) the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 

6 1980 (42 U.S.C. 9601 et seq.), including dam7 ages to natural resources; 

8 (B) the Safe Drinking Water Act (42 

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

10 (C) the Federal Water Pollution Control 

11 Act (33 U.S.C. 1251 et seq.) (commonly re12 ferred to as the ‘‘Clean Water Act’’); and 

13 (D) any regulations implementing the Acts 

14 described in subparagraphs (A), (B), and (C); 

15 (4) all claims relating to damages, losses, or in16 juries to land or natural resources that are not due 

17 to loss of water or water rights (including hunting, 

18 fishing, gathering, or cultural rights); 

19 (5) all claims to title to land, including title to 

20 land as a result of the movement of water bodies; 

21 (6) all claims relating to failure to make pro22 ductive use of any land created by the movement of 

23 water bodies to which the Tribe has claimed title; 

24 and 


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

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

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

5 Compact or this Act— 

6 (1) affects the ability of the United States, act7 ing as a sovereign, to take actions authorized by law, 

8 including any laws relating to health, safety, or the 

9 environment, including— 

10 (A) the Comprehensive Environmental Re11 sponse, Compensation, and Liability Act of 

12 1980 (42 U.S.C. 9601 et seq.); 

13 (B) the Safe Drinking Water Act (42 

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

15 (C) the Federal Water Pollution Control 

16 Act (33 U.S.C. 1251 et seq.) (commonly re17 ferred to as the ‘‘Clean Water Act’’); and 

18 (D) any regulations implementing the Acts 

19 described in subparagraphs (A), (B), and (C); 

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

21 act as trustee for any other Indian tribe or allottee 

22 of any other Indian tribe; 

23 (3) confers jurisdiction on any State court— 

24 (A) to interpret Federal law regarding 

25 health, safety, or the environment; 


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1 (B) to determine the duties of the United 

2 States or other parties pursuant to Federal law 

3 regarding health, safety, or the environment; or 

4 (C) to conduct judicial review of Federal 

5 agency action; 

6 (4) waives any claim of a member of the Tribe 

7 in an individual capacity that does not derive from 

8 a right of the Tribe; 

9 (5) revives any claim waived by the Tribe in the 

10 case styled Blackfeet Tribe v. United States, No. 

11 02–127L (Fed. Cl. 2012); or 

12 (6) revives any claim released by an allottee or 

13 a tribal member in the settlement for the case styled 

14 Cobell v. Salazar, No. 1:96CV01285–JR (D.D.C. 

15 2012). 

16 (e) ENFORCEABILITY DATE.—The enforceability date 

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

18 Federal Register a statement of findings that— 

19 (1)(A) the Montana Water Court has issued a 

20 final judgment and decree approving the Compact; 

21 or 

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

23 lack jurisdiction, the United States district court has 

24 approved the Compact as a consent decree and the 

25 approval is final; 


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1 (2) all amounts authorized to be appropriated 

2 under section 16(a) have been appropriated; 

3 (3) the State has appropriated and paid into an 

4 interest-bearing escrow account any payments due 

5 as of the date of enactment of this Act to the Tribe 

6 under the Compact, the Birch Creek Agreement, and 

7 this Act; 

8 (4) the State has appropriated and deposited 

9 into the Birch Creek Mitigation Fund $14,000,000 

10 to mitigate the impacts of the development of the 

11 tribal water right described in article III.C.1. of the 

12 Compact on the Birch Creek water supplies of the 

13 Pondera County Canal and Reservoir Company; 

14 (5)(A) the Tribe has ratified the Compact by 

15 submitting this Act and the Compact to a vote by 

16 the tribal membership for approval or disapproval; 

17 and 

18 (B) the Tribal membership has voted to ap19 prove this Act and the Compact by a majority of 

20 votes cast on the day of the vote, as certified by the 

21 Secretary and the Tribe; 

22 (6) the Secretary has fulfilled the requirements 

23 of section 9(a); and 


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1 (7) the waivers and releases described in sub2 section (a) have been executed by the Tribe and the 

3 Secretary. 

4 (f) TOLLING OF CLAIMS.— 

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

6 limitation and time-based equitable defense relating 

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

8 the period beginning on the date of enactment of 

9 this Act and ending on the date on which the 

10 amounts made available to carry out this Act are 

11 transferred to the Secretary. 

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

13 subsection revives any claim or tolls any period of 

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

16 (g) EXPIRATION.—If all appropriations authorized 

17 under this Act have not been made available to the Sec18 retary by January 21, 2020, the waivers authorized in this 

19 section shall expire and be of no further force or effect. 

20 (h) VOIDING OF WAIVERS.—If the waivers pursuant 

21 to this section are void under subsection (g)— 

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

23 Compact under section 4 shall no longer be effective; 

24 (2) any unexpended Federal funds appropriated 

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1 ized in this Act, together with any interest earned on 

2 those funds, and any water rights or contracts to 

3 use water and title to other property acquired or 

4 constructed with Federal funds appropriated or 

5 made available to carry out the activities authorized 

6 under this Act shall be returned to the Federal Gov7 ernment, unless otherwise agreed to by the Tribe 

8 and the United States and approved by Congress; 

9 and 

10 (3) except for Federal funds used to acquire or 

11 develop property that is returned to the Federal 

12 Government under paragraph (2), the United States 

13 shall be entitled to offset any Federal funds appro14 priated or made available to carry out the activities 

15 authorized under this Act that were expended or 

16 withdrawn, together with any interest accrued, 

17 against any claims against the United States relat18 ing to water rights in the State asserted by the 

19 Tribe or any users of the Tribal water rights or in 

20 any future settlement of the water rights of the 

21 Tribe or allottees. 

22 SEC. 19. SATISFACTION OF CLAIMS. 

23 (a) TRIBAL CLAIMS.—The benefits realized by the 

24 Tribe under this Act shall be in complete replacement of, 

25 complete substitution for, and full satisfaction of all claims 


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1 of the Tribe against the United States that are waived 

2 and released pursuant to section 18(a)(1). 

3 (b) ALLOTTEE CLAIMS.—The benefits realized by the 

4 allottees under this Act shall be in complete replacement 

5 of, in complete substitution for, and in full satisfaction 

6 of— 

7 (1) all claims that are waived and released pur8 suant to section 18(a)(2); and 

9 (2) any claims of the allottees against the 

10 United States that the allottees have or could have 

11 asserted that are similar in nature to any claim de12 scribed in section 18(a)(2). 

13 SEC. 20. MISCELLANEOUS PROVISIONS. 

14 (a) WAIVER OF SOVEREIGN IMMUNITY.—Except as 

15 provided in subsections (a) through (c) of section 208 of 

16 the Department of Justice Appropriation Act, 1953 (43 

17 U.S.C. 666), nothing in this Act waives the sovereign im18 munity of the United States. 

19 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

20 Nothing in this Act quantifies or diminishes any land or 

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

22 of an Indian tribe, band, or community other than the 

23 Tribe. 


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1 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

2 With respect to Indian-owned land located within the Res3 ervation— 

4 (1) the United States shall not submit against 

5 such land any claim for reimbursement of the cost 

6 to the United States of carrying out this Act or the 

7 Compact; and 

8 (2) no assessment of such land shall be made 

9 regarding that cost. 

10 (d) LIMITATION ON LIABILITY OF THE UNITED

11 STATES.—The United States has no obligation— 

12 (1) to monitor, administer, or account for, in 

13 any manner, any funds provided to the Tribe by any 

14 party to the Compact; or 

15 (2) to review or approve any expenditure of 

16 those funds. 

17 (e) EFFECT ON CURRENT LAW.—Nothing in this sec18 tion affects any provision of law (including regulations) 

19 in effect on the day before the date of enactment of this 

20 Act with respect to pre-enforcement review of any Federal 

21 environmental enforcement action. 

22 (f) EFFECT ON RECLAMATION LAW.—The activities 

23 carried out by the Commissioner of Reclamation under 

24 this Act shall not establish a precedent or impact the auVerDate Sep 11 2014 00:50 May 09, 2015 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1125.IS S1125

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1 thority provided under any other provision of Federal rec2 lamation law, including— 

3 (1) the Reclamation Rural Water Supply Act of 

4 2006 (43 U.S.C. 2401 et seq.); and 

5 (2) the Omnibus Public Land Management Act 

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

7 (g) IRRIGATION EFFICIENCY IN UPPER BIRCH

8 CREEK DRAINAGE.—Any activity carried out by the Tribe 

9 in the Upper Birch Creek Drainage (as defined in article 

10 II.50 of the Compact) using funds made available to carry 

11 out this Act shall achieve an irrigation efficiency of not 

12 less than 50 percent. 

13 (h) BIRCH CREEK AGREEMENT APPROVAL.—The 

14 Birch Creek Agreement entered into between the Tribe 

15 and the State on January 31, 2008 (as amended on Feb16 ruary 13, 2009) (including any amendments executed in 

17 accordance with this Act to make the Agreement con18 sistent with this Act), is approved to the extent that the 

19 Birch Creek Agreement requires approval under section 

20 2116 of the Revised Statutes (25 U.S.C. 177). 

21 (i) LIMITATION ON EFFECT.—Nothing in this Act or 

22 the Compact establishes or alters the quantity of allocation 

23 or apportionment of water between or among States. 


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1 SEC. 21. REPEAL ON FAILURE TO MEET ENFORCEABILITY 

2 DATE. 

3 If the Secretary fails to publish a statement of find4 ings under section 18(e) by not later than January 21, 

5 2025, or such alternative later date as is agreed to by the 

6 Tribe and the Secretary, after reasonable notice to the 

7 State, as applicable— 

8 (1) this Act is repealed effective on the later 

9 of— 

10 (A) January 22, 2025; and 

11 (B) the day after such alternative later 

12 date as is agreed to by the Tribe and the Sec13 retary; 

14 (2) any action taken by the Secretary and any 

15 contract or agreement entered into pursuant to this 

16 Act shall be void; 

17 (3) any amounts made available under section 

18 16 that remain unexpended, shall immediately revert 

19 to the general fund of the Treasury; 

20 (4) any amounts made available under section 

21 16, together with any interest on those amounts, 

22 shall immediately revert to the general fund of the 

23 Treasury; and 

24 (5) the United States shall be entitled to offset 

25 against any claims asserted by the Tribe against the 

26 United States relating to water rights— 


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1 (A) any funds expended or withdrawn from 

2 the amounts made available pursuant to this 

3 Act; and 

4 (B) any funds made available to carry out 

5 the activities authorized under this Act from 

6 other authorized sources. 

7 SEC. 22. ANTIDEFICIENCY. 

8 The United States shall not be liable for any failure 

9 to carry out any obligation or activity authorized by this 

10 Act (including any obligation or activity under the Com11 pact) if— 

12 (1) adequate appropriations are not provided 

13 expressly by Congress to carry out the purposes of 

14 this Act; or 

15 (2) there are not enough monies available to 

16 carry out the purposes of this Act in the Reclama17 tion Water Settlements Fund established under sec18 tion 10501(a) of the Omnibus Public Land Manage19 ment Act of 2009 (43 U.S.C. 407(a)). 

20 SEC. 23. OFFSETS. 

21 If insufficient funds are appropriated to carry out 

22 this Act for a fiscal year, the Secretary may use to carry 

23 out this Act such amounts as are necessary from other 


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1 amounts available to the Secretary for that fiscal year that 

2 are not otherwise obligated. 

Æ 


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