```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1125 Introduced in Senate (IS)]

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.

    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 ``Blackfeet Water Rights Settlement 
Act of 2015''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        claims to water rights in the State of Montana for--
                    (A) the Blackfeet Tribe of the Blackfeet Indian 
                Reservation; and
                    (B) the United States, for the benefit of the Tribe 
                and allottees;
            (2) to authorize, ratify, and confirm the water rights 
        compact entered into by the Tribe and the State, to the extent 
        that the Compact is consistent with this Act;
            (3) to authorize and direct the Secretary of the Interior--
                    (A) to execute the Compact; and
                    (B) to take any other action necessary to carry out 
                the Compact in accordance with this Act; and
            (4) to authorize funds necessary for the implementation of 
        the Compact and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Allottee.--The term ``allottee'' means any individual 
        who holds a beneficial real property interest in an allotment 
        of Indian land that is--
                    (A) located within the Reservation; and
                    (B) held in trust by the United States.
            (2) Birch creek agreement.--The term ``Birch Creek 
        Agreement'' means--
                    (A) the agreement between the Tribe and the State 
                regarding Birch Creek water use dated January 31, 2008, 
                as amended on February 13, 2009; and
                    (B) any amendment or exhibit (including exhibit 
                amendments) to that agreement that is executed in 
                accordance with this Act.
            (3) Birch creek mitigation project.--The term ``Birch Creek 
        Mitigation Project'' means the project to provide water from 
        Four Horns Reservoir to State water users on Birch Creek in 
        fulfillment of the obligations of the Tribe under the Birch 
        Creek Agreement.
            (4) Blackfeet irrigation project.--The term ``Blackfeet 
        Irrigation Project'' means the irrigation project authorized by 
        the matter under the heading ``Montana'' of title II of the Act 
        of March 1, 1907 (34 Stat. 1035, chapter 2285) and administered 
        by the Bureau of Indian Affairs.
            (5) Compact.--The term ``Compact'' means--
                    (A) the Blackfeet-Montana water rights compact 
                dated April 15, 2009, as contained in section 85-20-
                1501 of the Montana Code Annotated (2013); and
                    (B) any amendment or exhibit (including exhibit 
                amendments) to the Compact that is executed in 
                accordance with this Act.
            (6) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 18(e).
            (7) Lake elwell.--The term ``Lake Elwell'' means the water 
        impounded on the Marias River in the State by Tiber Dam, a 
        feature of the Lower Marias Unit of the Pick-Sloan Missouri 
        River Basin Program authorized by section 9 of the Act of 
        December 22, 1944 (commonly known as the ``Flood Control Act of 
        1944'') (58 Stat. 891, chapter 665).
            (8) Milk river basin.--The term ``Milk River Basin'' means 
        the North Fork, Middle Fork, South Fork, and the main stem of 
        the Milk River and tributaries from the headwaters to the 
        confluence with the Missouri River.
            (9) Milk river project.--
                    (A) In general.--The term ``Milk River Project'' 
                means the Bureau of Reclamation project conditionally 
                approved by the Secretary on March 14, 1903, pursuant 
                to the Act of June 17, 1902 (32 Stat. 388, chapter 
                1093), commencing at Lake Sherburne Reservoir and 
                providing water to a point approximately 6 miles east 
                of Nashua, Montana.
                    (B) Inclusions.--The term ``Milk River Project'' 
                includes--
                            (i) the St. Mary Unit;
                            (ii) the Fresno Dam; and
                            (iii) the Dodson pumping unit.
            (10) Milk river project water rights.--The term ``Milk 
        River Project water rights'' means the water rights held by the 
        Bureau of Reclamation on behalf of the Milk River Project, as 
        finally adjudicated by the Montana Water Court.
            (11) Milk river water right.--The term ``Milk River water 
        right'' means the portion of the Tribal Water Rights described 
        in article III.F of the Compact and this Act.
            (12) Missouri river basin.--The term ``Missouri River 
        Basin'' means the hydrologic basin of the Missouri River 
        (including tributaries).
            (13) MR&I system.--The term ``MR&I System'' means--
                    (A) the intake, treatment, pumping, storage, 
                pipelines, appurtenant items, and any other feature of 
                the system as generally described in the document 
                entitled ``Blackfeet Regional Water System'', prepared 
                by DOWL HKM, and dated June 2010, and modified by DOWL 
                HKM, as set out in the addendum to the report dated 
                March 2013; and
                    (B) the existing tribal water systems improved 
                under subparagraph (A).
            (14) OM&R.--The term ``OM&R'' means--
                    (A) any recurring or ongoing activity associated 
                with the day-to-day operation of a project;
                    (B) any activity relating to scheduled or 
                unscheduled maintenance of a project; and
                    (C) any activity relating to replacing a feature of 
                a project.
            (15) Reservation.--The term ``Reservation'' means the 
        Blackfeet Indian Reservation of Montana as--
                    (A) established by the Treaty of October 17, 1855 
                (11 Stat. 657); and
                    (B) modified by--
                            (i) the Executive Order of July 5, 1873 
                        (relating to the Blackfeet Reserve);
                            (ii) the Act of April 15, 1874 (18 Stat. 
                        28, chapter 96);
                            (iii) the Executive Order of August 19, 
                        1874 (relating to the Blackfeet Reserve);
                            (iv) the Executive Order of April 13, 1875 
                        (relating to the Blackfeet Reserve);
                            (v) the Executive Order of July 13, 1880 
                        (relating to the Blackfeet Reserve);
                            (vi) the Agreement with the Blackfeet, 
                        ratified by the Act of May 1, 1888 (25 Stat. 
                        113, chapter 213); and
                            (vii) the Agreement with the Blackfeet, 
                        ratified by the Act of June 10, 1896 (29 Stat. 
                        353, chapter 398).
            (16) St. mary river water right.--The term ``St. Mary River 
        water right'' means that portion of the Tribal Water Rights 
        described in article III.G.1.a.i. of the Compact and this Act.
            (17) St. mary unit.--
                    (A) In general.--The term ``St. Mary Unit'' means 
                the St. Mary Storage Unit of the Milk River Project 
                authorized by Congress on March 25, 1905.
                    (B) Inclusions.--The term ``St. Mary Unit'' 
                includes--
                            (i) Sherburne Dam and Reservoir;
                            (ii) Swift Current Creek Dike;
                            (iii) Lower St. Mary Lake;
                            (iv) St. Mary Canal Diversion Dam; and
                            (v) St. Mary Canal and appurtenances.
            (18) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (19) State.--The term ``State'' means the State of Montana.
            (20) Swiftcurrent creek bank stabilization project.--The 
        term ``Swiftcurrent Creek Bank Stabilization Project'' means 
        the project to mitigate the physical and environmental problems 
        associated with the St. Mary Unit from Sherburne Dam to the 
        Swiftcurrent Creek confluence with the St. Mary River.
            (21) Tribal water rights.--The term ``Tribal water rights'' 
        means the water rights of the Tribe described in article III of 
        the Compact and this Act, including the Lake Elwell allocation 
        provided to the Tribe under section 9.
            (22) Tribe.--The term ``Tribe'' means the Blackfeet Tribe 
        of the Blackfeet Indian Reservation of Montana.

SEC. 4. RATIFICATION OF COMPACT.

    (a) Ratification.--
            (1) In general.--Except as modified by this Act, and to the 
        extent that the Compact does not conflict with this Act, the 
        Compact is authorized, ratified, and confirmed.
            (2) Amendments.--If an amendment is executed in accordance 
        with this Act to make the Compact consistent with this Act, the 
        amendment is authorized, ratified, and confirmed.
    (b) Execution.--
            (1) In general.--To the extent that the Compact does not 
        conflict with this Act, the Secretary shall execute the 
        Compact, including all exhibits to, or parts of, the Compact 
        requiring the signature of the Secretary.
            (2) Modifications.--Nothing in this Act precludes the 
        Secretary from approving any modification to an appendix or 
        exhibit to the Compact that is consistent with this Act, to the 
        extent that the modification does not otherwise require 
        congressional approval under section 2116 of the Revised 
        Statutes (25 U.S.C. 177) or any other applicable provision of 
        Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Compact and this Act, 
        the Secretary shall comply with all applicable provisions of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (C) all other applicable environmental laws and 
                regulations.
            (2) Effect of execution.--
                    (A) In general.--An activity carried out by the 
                Secretary to execute the Compact pursuant to this 
                section shall not constitute a major Federal action for 
                purposes of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                    (B) Compliance.--The Secretary shall carry out all 
                Federal compliance activities necessary to implement 
                the Compact and this Act.

SEC. 5. MILK RIVER WATER RIGHT.

    (a) In General.--With respect to the Milk River water right, the 
Tribe--
            (1) may continue the historical uses and the uses in 
        existence on the date of enactment of this Act; and
            (2) except as provided in article III.F.1.d of the Compact, 
        shall not develop new uses until the date on which--
                    (A) the Tribe has entered into the agreement 
                described in subsection (c); or
                    (B) the Secretary has established the criteria 
                described in subsection (e).
    (b) State Water Rights.--With respect to any State water right in 
the Milk River Basin owned or acquired by the Tribe, the Tribe--
            (1) may continue any use in existence on the date of 
        enactment of this Act; and
            (2) shall not change any use until the date on which--
                    (A) the Tribe has entered into the agreement 
                described in subsection (c); or
                    (B) the Secretary has established the criteria 
                described in subsection (e).
    (c) Tribal Agreement.--
            (1) In general.--In consultation with the Commissioner of 
        Reclamation and the Director of the Bureau of Indian Affairs, 
        the Tribe and the Fort Belknap Indian Community shall enter 
        into an agreement to provide for the exercise of the respective 
        water rights on the respective reservations of the Tribe and 
        the Fort Belknap Indian Community in the Milk River.
            (2) Considerations.--The agreement entered into under 
        paragraph (1) shall take into consideration--
                    (A) the equal priority dates of the Indian tribes;
                    (B) the water supplies of the Milk River; and
                    (C) historical, current, and future uses identified 
                by each Indian tribe.
    (d) Secretarial Determination.--
            (1) In general.--Not later than 120 days after the date on 
        which the agreement described in subsection (c) is submitted to 
        the Secretary, the Secretary shall review and approve or 
        disapprove the agreement.
            (2) Approval.--The Secretary shall approve the agreement if 
        the Secretary finds that the agreement--
                    (A) equitably accommodates the interests in the 
                Milk River of each Indian tribe;
                    (B) adequately considers the factors described in 
                subsection (c)(2); and
                    (C) is otherwise in accordance with applicable law.
            (3) Deadline extension.--The deadline to review the 
        agreement described in paragraph (1) may be extended by the 
        Secretary after consultation with the Tribe and the Fort 
        Belknap Indian Community.
    (e) Secretarial Criteria.--
            (1) In general.--If the Tribe and the Fort Belknap Indian 
        Community do not enter into an agreement under subsection (c) 
        by the earlier of the date that is 5 years after the date of 
        enactment of this Act and the date that is 3 years after the 
        date of enactment of a congressionally approved settlement of 
        the water rights claims of the Fort Belknap Indian Community 
        that the Secretary determines meets the considerations set 
        forth in subparagraphs (A) through (C) of subsection (d)(2), 
        the Secretary shall--
                    (A) establish criteria that reflect the 
                considerations described in subparagraphs (A) through 
                (C) of subsection (c)(2); and
                    (B) after consultation with the Tribe and the Fort 
                Belknap Indian Community, provide for the exercise of 
                the respective water rights on the respective 
                reservations of the Tribe and the Fort Belknap Indian 
                Community in the Milk River.
            (2) Consideration as final agency action.--The 
        establishment by the Secretary of criteria under paragraph (1) 
        shall be considered to be a final agency action for purposes of 
        review under chapter 7 of title 5, United States Code.
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $500,000.
            (2) Use of funds.--The Secretary shall distribute the funds 
        made available under paragraph (1) to the Tribe and the Fort 
        Belknap Indian Community for use to reach an agreement under 
        this section, including for technical analyses and legal and 
        other related efforts.

SEC. 6. WATER DELIVERY THROUGH MILK RIVER PROJECT.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall carry out the activities authorized under this 
section with respect to the St. Mary River water right.
    (b) Treatment.--Notwithstanding article IV.D.4 of the Compact, any 
responsibility of the United States with respect to the St. Mary River 
water right shall be limited to and fulfilled pursuant to subsection 
(c) and subsections (a) and (b)(3) of section 15.
    (c) Water Delivery Contract.--
            (1) In general.--Not later than 180 days after the 
        enforceability date, the Secretary shall enter into a water 
        delivery contract with the Tribe for the delivery of 5,000 
        acre-feet per year of the St. Mary River water right through 
        Milk River Project facilities to the Tribe or another entity 
        specified by the Tribe.
            (2) Terms and conditions.--The contract under paragraph (1) 
        shall establish the terms and conditions for the water 
        deliveries described in paragraph (1) in accordance with the 
        Compact and this Act.
            (3) Requirements.--The water delivery contract under 
        paragraph (1) shall include provisions requiring that--
                    (A) the contract shall be without limit as to term;
                    (B) the Tribe, and not the United States, shall 
                collect, and shall be entitled to, all consideration 
                due to the Tribe under any lease, contract, or 
                agreement entered into by the Tribe pursuant to 
                subsection (f);
                    (C) the United States shall have no obligation to 
                monitor, administer, or account for--
                            (i) any funds received by the Tribe as 
                        consideration under any lease, contract, or 
                        agreement entered into by the Tribe pursuant to 
                        subsection (f); or
                            (ii) the expenditure of such funds;
                    (D) if water deliveries under the contract are 
                interrupted for an extended period of time because of 
                damage to, or a reduction in the capacity of, St. Mary 
                Unit facilities, the rights of the Tribe shall be 
                treated the same as the rights of other contractors 
                receiving water deliveries through the Milk River 
                Project with respect to the water delivered under this 
                section;
                    (E) deliveries of water under this subsection shall 
                be--
                            (i) limited to not greater than 5,000 acre-
                        feet of water in any 1 year;
                            (ii) consistent with operations of the Milk 
                        River Project; and
                            (iii) without additional cost to the Milk 
                        River Project water users; and
                    (F) the Tribe shall not be required to pay OM&R for 
                the 5,000 acre-feet delivered under subparagraph 
                (E)(i), except the Tribe shall pay annually the 
                proportionate share of OM&R allocable to any quantity 
                of water delivered to a third party for industrial 
                purposes under a subcontract entered into by the Tribe 
                pursuant to subsection (f).
    (d) Shortage Sharing or Reduction.--
            (1) In general.--The 5,000 acre-feet per year of water 
        delivered under subsection (c)(3)(E)(i) shall not be subject to 
        shortage sharing or reduction, except as provided in paragraph 
        (3)(D) of that subsection.
            (2) No injury to milk river project water users.--
        Notwithstanding article IV.D.4 of the Compact, any reduction in 
        the Milk River Project water supply caused by the delivery of 
        water under subsection (c) shall not constitute injury to Milk 
        River Project water users.
    (e) Subsequent Contracts.--
            (1) In general.--As part of the studies authorized under 
        section 7(b), the Secretary, acting through the Commissioner of 
        Reclamation, and in cooperation with the Tribe, shall identify 
        alternatives to provide to the Tribe water from the St. Mary 
        River water right in quantities greater than the 5,000 acre-
        feet per year of water described in subsection (c)(3)(E)(i).
            (2) Contract for water delivery.--If the Secretary 
        determines under paragraph (1) that greater than 5,000 acre-
        feet per year of the St. Mary River water right can be 
        delivered to the Tribe, the Secretary shall offer to enter into 
        1 or more contracts with the Tribe for the delivery of that 
        water, subject to the requirements of subsection (c)(3) and 
        this subsection.
            (3) Treatment.--Any delivery of water under this subsection 
        shall be--
                    (A) in accordance with article IV.D.4 of the 
                Compact; and
                    (B) subject to reduction in the same manner as for 
                Milk River Project contract holders.
    (f) Subcontracts.--
            (1) In general.--The Tribe may enter into any subcontract 
        for the delivery of water under this section to a third party, 
        in accordance with section 14(e).
            (2) Compliance with other law.--All subcontracts described 
        in paragraph (1) shall comply with this Act, the Compact, the 
        tribal water code, and other applicable law.
            (3) No liability.--The Secretary shall not be liable to any 
        party, including the Tribe, for any term of, or any loss or 
        other detriment resulting from, a lease, contract, or other 
        agreement entered into pursuant to this subsection.
    (g) Effect of Provisions.--Nothing in this section--
            (1) precludes the Tribe from taking the 5,000 acre-feet per 
        year of water described in subsection (c)(3)(E)(i), or any 
        additional water provided under subsection (e), from the direct 
        flow of the St. Mary River; or
            (2) modifies the provisions of article III.G.1.a.ii, 
        article III.G.1.b-c, or article III.G.1.e of the Compact.
    (h) Other Rights.--Notwithstanding article III.G.1.d of the 
Compact, after satisfaction of all water rights under State law, 
including the Milk River Project water rights, the Tribe shall have the 
right to the remaining portion of the share of the United States in the 
St. Mary River under the International Boundary Waters Treaty of 1909 
(36 Stat. 2448) for any tribally authorized use or need.

SEC. 7. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER MANAGEMENT.

    (a) Use of Milk River Project Facilities for the Benefit of the 
Tribe.--Use of Milk River Project facilities to transport water for the 
Tribe pursuant to subsections (c) and (e) of section 6, together with 
any use by the Tribe of such water in accordance with the tribal water 
code--
            (1) shall be considered an authorized purpose of the Milk 
        River Project; and
            (2) shall not change the priority date of any Tribal water 
        rights.
    (b) St. Mary River Studies.--The Secretary, in cooperation with the 
Tribe and the State, shall conduct--
            (1) an appraisal study--
                    (A) to develop a plan for the management and 
                development of water supplies in the St. Mary River 
                Basin and Milk River Basin, including the St. Mary 
                River and Milk River water supplies for the Tribe and 
                the Milk River water supplies for the Fort Belknap 
                Indian Community; and
                    (B) to identify alternatives to develop additional 
                water of the St. Mary River for the Tribe; and
            (2) a feasibility study--
                    (A) using the information from the appraisal study 
                conducted under paragraph (1), to evaluate the 
                feasibility of--
                            (i) alternatives for the rehabilitation of 
                        the St. Mary Diversion Dam and Canal; and
                            (ii) increased storage in Fresno Reservoir 
                        of the Milk River Project; and
                    (B) to create a cost allocation study that is based 
                on the authorized purposes described in subsection (a).
            (3) Submission to congress.--Not later than 3 years after 
        the date on which funds are made available to carry out this 
        Act, the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report describing 
        the results of the study under this subsection.
            (4) Costs nonreimbursable.--The cost of the studies under 
        this subsection shall not be--
                    (A) considered to be a project cost; or
                    (B) reimbursable in accordance with the Federal 
                reclamation laws.
            (5) Applicability of isdeaa.--At the request of the Tribe, 
        and in accordance with the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary 
        shall enter into 1 or more agreements with the Tribe to carry 
        out the study described in paragraph (1).
    (c) Swiftcurrent Creek Bank Stabilization.--
            (1) In general.--The Secretary, acting through the 
        Commissioner of Reclamation, shall carry out appropriate 
        activities concerning the Swiftcurrent Creek Bank Stabilization 
        Project, including review of the final design of the project 
        and value engineering analyses.
            (2) Modification of final design.--Prior to beginning 
        construction activities for the Swiftcurrent Creek Bank 
        Stabilization Project, on the basis of the review conducted 
        under paragraph (1), the Secretary shall negotiate with the 
        Tribe appropriate changes, if any, to the final design--
                    (A) to ensure compliance with applicable industry 
                standards; and
                    (B) to improve the cost-effectiveness of the 
                Swiftcurrent Creek Bank Stabilization Project.
            (3) Applicability of isdeaa.--At the request of the Tribe, 
        and in accordance with the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary 
        shall enter into 1 or more agreements with the Tribe to carry 
        out the Swiftcurrent Bank Stabilization Project.
    (d) Administration.--The Commissioner of Reclamation and the Tribe 
shall negotiate the cost of any oversight activity carried out by the 
Bureau of Reclamation under any agreement entered into under this 
section, subject to the condition that the total cost for the oversight 
shall not exceed 4 percent of the total costs incurred under this 
section.
    (e) Milk River Project Rights-of-Way and Easements.--As soon as 
practicable after the date of enactment of this Act, the Secretary and 
the Tribe shall enter into an agreement to resolve all issues 
associated with the location and extent of the rights-of-way, 
easements, and other property interests of the United States in and to 
the Milk River Project that are located on tribal land.
    (f) Funding.--The total amount of obligations incurred by the 
Secretary shall not exceed--
            (1) $3,800,000 to carry out subsection (b);
            (2) $20,700,000 to carry out subsection (c); and
            (3) $1,700,000 to carry out subsection (e).

SEC. 8. ST. MARY CANAL HYDROELECTRIC POWER GENERATION.

    (a) In General.--
            (1) Exclusive right of the tribe.--Subject to paragraph (2) 
        and notwithstanding any other provision of law, if the St. Mary 
        Unit is rehabilitated, the Tribe shall have the exclusive right 
        to develop and market hydroelectric power of the St. Mary Unit.
            (2) Limitations.--The exclusive right described in 
        paragraph (1)--
                    (A) shall expire 15 years after the date of 
                enactment of an Act appropriating funds for the 
                rehabilitation described in that paragraph; and
                    (B) may be extended by the Secretary at the request 
                of the Tribe.
            (3) OM&R costs.--Beginning on the date that is 10 years 
        after the date on which the Tribe begins marketing 
        hydroelectric power generated from the St. Mary Unit to third 
        parties, the Tribe shall make annual payments for operation, 
        maintenance, and replacement costs attributable to the direct 
        use of any facilities by the Tribe for hydroelectric power 
        generation in amounts determined in accordance with the 
        guidelines and methods of the Bureau of Reclamation for 
        assessing operation, maintenance, and replacement charges.
    (b) Bureau of Reclamation Jurisdiction.--The Commissioner of 
Reclamation shall have exclusive jurisdiction to authorize development 
of hydropower on the St. Mary Unit.
    (c) Bureau of Reclamation Cooperation.--The Commissioner of 
Reclamation shall cooperate with the Tribe in the development of any 
hydroelectric power generation project under this section.
    (d) Agreement.--Before construction of a hydroelectric power 
generation project under this section, the Tribe shall enter into an 
agreement with the Commissioner of Reclamation that includes provisions 
requiring that--
            (1) the design, construction, and operation of the project 
        shall be consistent with the Bureau of Reclamation guidelines 
        and methods for hydroelectric power development at Bureau 
        facilities, as appropriate; and
            (2) the hydroelectric power generation project shall be 
        consistent with the operations of the Milk River Project, 
        including agreements--
                    (A) regarding operating criteria and emergency 
                procedures; and
                    (B) under which any modification proposed by the 
                Tribe to a facility owned by the Bureau of Reclamation 
                shall be subject to review and approval by the 
                Secretary, acting through the Commissioner of 
                Reclamation.
    (e) Use of Hydroelectric Power by Tribe.--Any hydroelectric power 
generated in accordance with this section shall be used or marketed by 
the Tribe.
    (f) Revenues.--The Tribe shall collect and retain any revenues from 
the sale of hydroelectric power generated by a project under this 
section.
    (g) Liability of the United States.--The United States shall have 
no obligation to monitor, administer, or account for--
            (1) any revenues received by the Tribe under this section; 
        or
            (2) the expenditure of such revenues.
    (h) Preference.--For any period for which the exclusive right of 
the Tribe described in subsection (a)(1) is not in effect, including 
any period before the enforceability date, the Tribe shall have a 
preference to develop hydropower on the St. Mary Unit facilities in the 
same manner as States and municipalities under section 7(a) of the 
Federal Power Act (16 U.S.C. 800(a)) or any other applicable law or 
regulation.

SEC. 9. STORAGE ALLOCATION FROM LAKE ELWELL.

    (a) Storage Allocation to Tribe.--The Secretary shall allocate to 
the Tribe 50,000 acre-feet per year of water stored in Lake Elwell for 
use by the Tribe for any beneficial purpose on or off the Reservation, 
under a water right held by the United States and managed by the Bureau 
of Reclamation, as measured at the outlet works of Tiber Dam or through 
direct pumping from Lake Elwell.
    (b) Treatment.--
            (1) In general.--The allocation to the Tribe under 
        subsection (a) shall be considered to be part of the Tribal 
        water rights.
            (2) Priority date.--The priority date of the allocation to 
        the Tribe under subsection (a) shall be the priority date of 
        the Lake Elwell water right held by the Bureau of Reclamation.
            (3) Administration.--The Tribe shall administer the water 
        allocated under subsection (a) in accordance with the Compact 
        and this Act.
    (c) Allocation Agreement.--
            (1) In general.--As a condition of receiving an allocation 
        under this section, the Tribe shall enter into an agreement 
        with the Secretary to establish the terms and conditions of the 
        allocation, in accordance with the Compact and this Act.
            (2) Inclusions.--The agreement under paragraph (1) shall 
        include provisions that--
                    (A) the agreement shall be without limit as to 
                term;
                    (B) the Tribe, and not the United States, shall be 
                entitled to all consideration due to the Tribe under 
                any lease, contract, or agreement entered into by the 
                Tribe pursuant to subsection (d);
                    (C) the United States shall have no obligation to 
                monitor, administer, or account for--
                            (i) any funds received by the Tribe as 
                        consideration under any lease, contract, or 
                        agreement entered into by the Tribe pursuant to 
                        subsection (d); or
                            (ii) the expenditure of such funds;
                    (D) if the capacity or function of Lake Elwell 
                facilities are significantly reduced, or are 
                anticipated to be significantly reduced, for an 
                extended period of time, the Tribe shall have the same 
                storage rights as other storage contractors with 
                respect to the allocation under this section;
                    (E) the costs associated with the construction of 
                the storage facilities at Tiber Dam allocable to the 
                Tribe shall be nonreimbursable;
                    (F) no water service capital charge shall be due or 
                payable for any water allocated to the Tribe pursuant 
                to this section or the allocation agreement, regardless 
                of whether that water is delivered for use by the Tribe 
                or under a lease, contract, or by agreement entered 
                into by the Tribe pursuant to subsection (d);
                    (G) the Tribe shall not be required to make 
                payments to the United States for any water allocated 
                to the Tribe under this Act or the allocation 
                agreement, except for each acre-foot of stored water 
                leased or transferred for industrial purposes as 
                described in subparagraph (H); and
                    (H) for each acre-foot of stored water leased or 
                transferred by the Tribe for industrial purposes--
                            (i) the Tribe shall pay annually to the 
                        United States an amount necessary to cover the 
                        proportional share of the annual operation, 
                        maintenance, and replacement costs allocable to 
                        the quantity of water leased or transferred by 
                        the Tribe for industrial purposes; and
                            (ii) the annual payments of the Tribe shall 
                        be reviewed and adjusted, as appropriate, to 
                        reflect the actual operation, maintenance, and 
                        replacement costs for Tiber Dam.
    (d) Agreements by Tribe.--The Tribe may use, lease, contract, 
exchange, or enter into other agreements for use of the water allocated 
to the Tribe under subsection (a) if--
            (1) the use of water that is the subject of such an 
        agreement occurs within the Missouri River Basin; and
            (2) the agreement does not permanently alienate any portion 
        of the water allocated to the Tribe under subsection (a).
    (e) Effective Date.--The allocation under subsection (a) takes 
effect on the enforceability date.
    (f) No Carry-Over Storage.--The allocation under subsection (a) 
shall not be increased by any year-to-year carryover storage.
    (g) Development and Delivery Costs.--The United States shall not be 
required to pay the cost of developing or delivering to the Reservation 
any water allocated under this section.

SEC. 10. IRRIGATION ACTIVITIES.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation and consistent with subsection (c), shall carry out the 
following actions relating to the Blackfeet Irrigation Project:
            (1) Deferred maintenance.
            (2) Dam safety improvements for Four Horns Dam.
            (3) Rehabilitation and enhancement of the Four Horns Feeder 
        Canal, Dam, and Reservoir in accordance with the Birch Creek 
        Agreement.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activities carried out under this section.
    (c) Scope of Deferred Maintenance Activities and Four Horns Dam 
Safety Improvements.--The scope of the deferred maintenance activities 
and Four Horns Dam safety improvements shall be as generally described 
in the document entitled ``Engineering Evaluation and Condition 
Assessment, Blackfeet Irrigation Project'', prepared by DOWL HKM, and 
dated August 2007, and the Four Horns Rehabilitated Dam sections of 
``Four Horns Dam Enlarged Appraisal Evaluation Design Report'', 
prepared by HKM, and dated April 2007, subject to the condition that, 
before commencing construction activities, the Secretary shall--
            (1) review the design of the proposed rehabilitation or 
        improvement;
            (2) perform value engineering analyses; and
            (3) perform appropriate Federal environmental compliance 
        activities.
    (d) Scope of Rehabilitation and Enhancement of Four Horns Feeder 
Canal, Dam, and Reservoir.--
            (1) In general.--The scope of the rehabilitation and 
        improvements shall be as generally described in the document 
        entitled ``Four Horns Feeder Canal Rehabilitation with 
        Export'', prepared by DOWL HKM, and dated April 2013, subject 
        to the condition that, before commencing construction 
        activities, the Secretary shall--
                    (A) review the design of the proposed 
                rehabilitation or improvement;
                    (B) perform value engineering analyses; and
                    (C) perform appropriate Federal environmental 
                compliance activities.
            (2) Inclusions.--The activities carried out by the 
        Secretary under this subsection shall include--
                    (A) the rehabilitation or improvement of the Four 
                Horns feeder canal system to a capacity of not fewer 
                than 360 cubic feet per second;
                    (B) the rehabilitation or improvement of the outlet 
                works of Four Horns Dam and Reservoir to deliver 15,000 
                acre-feet of water per year, in accordance with 
                subparagraph (C); and
                    (C) construction of facilities to deliver 15,000 
                acre-feet of water per year from Four Horns Dam and 
                Reservoir, to a point on or near Birch Creek to be 
                designated by the Tribe and the State for delivery of 
                water to the water delivery system of the Pondera 
                County Canal and Reservoir Company on Birch Creek, in 
                accordance with the Birch Creek Agreement.
            (3) Negotiation with tribe.--On the basis of the review 
        described in paragraph (1)(A), the Secretary shall negotiate 
        with the Tribe appropriate changes to the final design of any 
        activity under this subsection to ensure that the final design 
        meets applicable industry standards.
    (e) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $54,900,000, of 
which--
            (1) $40,900,000 shall be allocated to carry out the 
        activities under subsection (c); and
            (2) $14,000,000 shall be allocated to carry out the 
        activities under subsection (d)(2).
    (f) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (g) Non-Federal Contribution.--No part of the project under 
subsection (d)(2) shall be commenced until the State has made available 
$20,000,000 to carry out the activities under that subsection.
    (h) Administration.--The Commissioner of Reclamation and the Tribe 
shall negotiate the cost of any oversight activity carried out by the 
Bureau of Reclamation under any agreement entered into under subsection 
(m), subject to the condition that the total cost for the oversight 
shall not exceed 4 percent of the total project costs for each project.
    (i) Project Efficiencies.--If the total cost of planning, design, 
and construction activities of the projects described in this section 
results in cost savings and is less than the amounts authorized to be 
obligated, the Secretary, at the request of the Tribe, may--
            (1) use those cost savings to carry out the projects 
        described in sections 7(c), 11, or 12; or
            (2) transfer those cost savings to the Blackfeet OM&R Trust 
        Account.
    (j) Ownership by the Tribe.--
            (1) Blackfeet irrigation project.--Notwithstanding any 
        other provision of law, on receipt of a request by the Tribe, 
        the Secretary, at the discretion of the Secretary, may transfer 
        to the Tribe, at no cost, title in and to each facility, asset, 
        and other property of the Blackfeet Irrigation Project.
            (2) Birch creek delivery facilities.--Notwithstanding any 
        other provision of law, the Secretary shall transfer to the 
        Tribe, at no cost, title in and to the facilities constructed 
        under subsection (d)(2)(C) together with any associated 
        personalty.
    (k) Ownership, Operation, and Maintenance.--On transfer of title 
under subsection (j)(2) to the Tribe of the facilities constructed 
under subsection (d)(2)(C), the Tribe shall--
            (1) be responsible for OM&R in accordance with the Birch 
        Creek Agreement; and
            (2) enter into an agreement with the Bureau of Indian 
        Affairs for the operation of the facilities described in that 
        subsection.
    (l) Liability of United States.--The United States shall have no 
obligations or responsibilities with respect the facilities described 
in subsection (d)(2)(C).
    (m) Applicability of ISDEAA.--At the request of the Tribe and in 
accordance with the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more 
agreements with the Tribe to carry out this section.
    (n) Effect.--Nothing in this section alters applicable law 
(including regulations) under which the Bureau of Indian Affairs 
collects assessments and carries out Blackfeet Irrigation Project OM&R, 
or impacts the availability of amounts made available under subsections 
(a) and (b)(2) of section 15.

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

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall plan, design, and construct the water diversion and 
delivery features of the MR&I System in accordance with 1 or more 
agreements between the Secretary and the Tribe.
    (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead 
agency with respect to any activity to design and construct the water 
diversion and delivery features of the MR&I System.
    (c) Scope.--
            (1) In general.--The scope of the design and construction 
        under this section shall be as generally described in the 
        document entitled ``Blackfeet Regional Water System'', prepared 
        by DOWL HKM, dated June 2010, and modified by DOWL HKM in the 
        addendum to the report dated March 2013, subject to the 
        condition that, before commencing final design and construction 
        activities, the Secretary shall--
                    (A) review the design of the proposed 
                rehabilitation and construction;
                    (B) perform value engineering analyses; and
                    (C) perform appropriate Federal compliance 
                activities.
            (2) Negotiation with tribe.--On the basis of the review 
        described in paragraph (1)(A), the Secretary shall negotiate 
        with the Tribe appropriate changes, if any, to the final 
        design--
                    (A) to ensure that the final design meets 
                applicable industry standards; and
                    (B) to improve the cost-effectiveness of the 
                delivery of MR&I System water.
    (d) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (e) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $ 76,200,000.
    (f) Non-Federal Contribution.--
            (1) Consultation.--Before completion of the final design of 
        the MR&I System required by subsection (c), the Secretary shall 
        consult with the Tribe, the State, and other affected non-
        Federal parties to discuss the possibility of receiving non-
        Federal contributions for the cost of the MR&I System.
            (2) Negotiations.--If, based on the extent to which non-
        Federal parties are expected to use the MR&I System, a non-
        Federal contribution to the MR&I System is determined by the 
        parties described in paragraph (1) to be appropriate, the 
        Secretary shall initiate negotiations for an agreement 
        regarding the means by which such contributions shall be 
        provided.
    (g) Ownership by the Tribe.--Title to the MR&I System and all 
facilities rehabilitated or constructed under this section shall be 
held by the Tribe.
    (h) Administration.--The Commissioner of Reclamation and the Tribe 
shall negotiate the cost of any oversight activity carried out by the 
Bureau of Reclamation under any agreement entered into under this 
section, subject to the condition that the total cost for the oversight 
shall not exceed 4 percent of the total costs incurred under this 
section.
    (i) OM&R Costs.--The Federal Government shall have no obligation to 
pay for the operation, maintenance, or replacement costs for the 
facilities rehabilitated or constructed under this section.
    (j) Project Efficiencies.--If the total cost of planning, design, 
and construction activities of the projects described in this section 
results in cost savings and is less than the amounts authorized to be 
obligated, the Secretary, at the request of the Tribe, may--
            (1) use those cost savings to carry out projects described 
        in sections 7(c), 10, and 12; or
            (2) transfer those cost savings to the Blackfeet OM&R Trust 
        Account.
    (k) Applicability of ISDEAA.--At the request of the Tribe, and in 
accordance with the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more 
agreements with the Tribe to carry out this section.
    (l) Effect.--Nothing in this section impacts the availability of 
the amounts made available under subsections (a) and (b)(2) of section 
15.

SEC. 12. BLACKFEET WATER, STORAGE, AND DEVELOPMENT PROJECTS.

    (a) In General.--
            (1) Scope.--The scope of the construction under this 
        section shall be as generally described in the document 
        entitled ``Blackfeet Water Storage, Development, and Project 
        Report'', prepared by DOWL HKM, and dated March 2013.
            (2) Modification.--The Tribe may modify the scope of 
        construction for the projects described in the document 
        referred to in paragraph (1) if--
                    (A) the modified project is similar to the proposed 
                project and consistent with the purposes of this Act; 
                and
                    (B) the modification is approved by the Secretary.
    (b) Nonreimbursability of Costs.--All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable.
    (c) Funding.--The total amount of obligations incurred by the 
Secretary in carrying out this section shall not exceed $178,300,000.
    (d) OM&R Costs.--The Federal Government shall have no obligation to 
pay for the operation, maintenance, or replacement costs for the 
facilities rehabilitated or constructed under this section.
    (e) Ownership by the Tribe.--Title to any facility constructed 
under this section shall be held by the Tribe.
    (f) Effect.--Nothing in this section impacts the availability of 
the amounts made available under subsections (a) and (b)(2) of section 
15.

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

    (a) In General.--
            (1) Tribal easements and rights-of-way.--On request of the 
        Secretary, the Tribe shall grant, at no cost to the United 
        States, such easements and rights-of-way over tribal land as 
        are necessary for the construction of the projects authorized 
        by sections 10 and 11.
            (2) Jurisdiction.--The Tribe shall not be divested of 
        criminal and civil jurisdiction over any land for which an 
        easement or right-of-way is granted under this subsection.
    (b) Landowner Easements and Rights-of-Way.--In partial 
consideration for the construction activities authorized by this 
section and as a condition of receiving service from the MR&I System, a 
landowner shall grant, at no cost to the United States or the Tribe, 
such easements and rights-of-way over the land of the landowner as may 
be necessary for the construction of the MR&I System.
    (c) Land Acquired by the United States or the Tribe.--Land acquired 
within the Reservation by the United States or the Tribe in connection 
with the construction of the projects authorized by this Act shall be 
held in trust by the United States for the benefit of the Tribe.

SEC. 14. TRIBAL WATER RIGHTS.

    (a) Confirmation of Tribal Water Rights.--
            (1) In general.--The Tribal water rights are ratified, 
        confirmed, and declared to be valid.
            (2) Use.--Use of the Tribal water rights shall be subject 
        to the terms and conditions of the Compact and this Act.
            (3) Conflict.--In the event of conflict between the Compact 
        and this Act, the provisions of this Act shall control.
    (b) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to, or exceed, the benefits 
the allottees possess on the day before the date of enactment of this 
Act, taking into consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Compact and this 
        Act;
            (2) the availability of funding under this Act and from 
        other sources;
            (3) the availability of water from the Tribal water rights; 
        and
            (4) the applicability of section 7 of the Act of February 
        8, 1887 (25 U.S.C. 381), and this Act to protect the interests 
        of allottees.
    (c) Trust Status of Tribal Water Rights.--The Tribal water rights--
            (1) shall be held in trust by the United States for the use 
        and benefit of the Tribe and allottees in accordance with this 
        Act; and
            (2) shall not be subject to forfeiture or abandonment.
    (d) Allottees.--
            (1) Applicability of act of february 8, 1887.--The 
        provisions of section 7 of the Act of February 8, 1887 (25 
        U.S.C. 381), relating to the use of water for irrigation 
        purposes shall apply to the Tribal water rights.
            (2) Entitlement to water.--Any entitlement to water of an 
        allottee under Federal law shall be satisfied from the Tribal 
        water rights.
            (3) Allocations.--Allottees shall be entitled to a just and 
        equitable allocation of water for irrigation purposes.
            (4) Claims.--
                    (A) Exhaustion of remedies.--Before asserting any 
                claim against the United States under section 7 of the 
                Act of February 8, 1887 (25 U.S.C. 381), or any other 
                applicable law, an allottee shall exhaust remedies 
                available under the tribal water code or other 
                applicable tribal law.
                    (B) Action for relief.--After the exhaustion of all 
                remedies available under the tribal water code or other 
                applicable tribal law, an allottee may seek relief 
                under section 7 of the Act of February 8, 1887 (25 
                U.S.C. 381), or other applicable law.
            (5) Authority.--The Secretary shall have the authority to 
        protect the rights of allottees in accordance with this 
        section.
    (e) Authority of Tribe.--
            (1) In general.--The Tribe shall have the authority to 
        allocate, distribute, and lease the Tribal water rights for any 
        use on the Reservation in accordance with the Compact, this 
        Act, and applicable Federal law.
            (2) Off-reservation use.--The Tribe may allocate, 
        distribute, and lease the Tribal water rights for off-
        Reservation use in accordance with the Compact and on the 
        approval of the Secretary.
    (f) Tribal Water Code.--
            (1) In general.--Notwithstanding article IV.C.1. of the 
        Compact, not later than 4 years after the date on which the 
        Tribe ratifies the Compact in accordance with section 4, the 
        Tribe shall enact a tribal water code that provides for--
                    (A) the management, regulation, and governance of 
                all uses of the Tribal water rights in accordance with 
                the Compact and this Act; and
                    (B) establishment by the Tribe of conditions, 
                permit requirements, and other requirements for the 
                allocation, distribution, or use of the Tribal water 
                rights in accordance with the Compact and this Act.
            (2) Inclusions.--Subject to the approval of the Secretary, 
        the tribal water code shall provide--
                    (A) that use of water by allottees shall be 
                satisfied with water from the Tribal water rights;
                    (B) a process by which an allottee may request that 
                the Tribe provide water for irrigation use in 
                accordance with this Act, including the provision of 
                water under any allottee lease under section 4 of the 
                Act of June 25, 1910 (25 U.S.C. 403);
                    (C) a due process system for the consideration and 
                determination by the Tribe of any request by an 
                allottee (or a successor in interest to an allottee) 
                for an allocation of water for irrigation purposes on 
                allotted land, including a process for--
                            (i) appeal and adjudication of any denied 
                        or disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision; and
                    (D) a requirement that any allottee asserting a 
                claim relating to the enforcement of rights of the 
                allottee under the tribal water code, or to the 
                quantity of water allocated to land of the allottee, 
                shall exhaust all remedies available to the allottee 
                under tribal law before initiating an action against 
                the United States or petitioning the Secretary pursuant 
                to subsection (d)(4)(B).
            (3) Action by secretary.--
                    (A) In general.--During the period beginning on the 
                date of enactment of this Act and ending on the date on 
                which a tribal water code described in paragraphs (1) 
                and (2) is enacted, the Secretary shall administer, 
                with respect to the rights of allottees, the Tribal 
                water rights in accordance with this Act.
                    (B) Approval.--The tribal water code described in 
                paragraphs (1) and (2) shall not be valid unless--
                            (i) the provisions of the tribal water code 
                        required by paragraph (2) are approved by the 
                        Secretary; and
                            (ii) each amendment to the tribal water 
                        code that affects a right of an allottee is 
                        approved by the Secretary.
                    (C) Approval period.--
                            (i) In general.--The Secretary shall 
                        approve or disapprove the tribal water code or 
                        an amendment to the tribal water code not later 
                        than 180 days after the date on which the 
                        tribal water code or amendment is submitted to 
                        the Secretary.
                            (ii) Extension.--The deadline described in 
                        clause (i) may be extended by the Secretary 
                        after consultation with the Tribe.
    (g) Administration.--
            (1) No alienation.--The Tribe shall not permanently 
        alienate any portion of the Tribal water rights.
            (2) Purchases or grants of land from indians.--The 
        authorization provided by this Act for the allocation, 
        distribution, leasing, or other arrangement entered into 
        pursuant to this Act shall be considered to satisfy any 
        requirement for authorization of the action by treaty or 
        convention imposed by section 2116 of the Revised Statutes (25 
        U.S.C. 177).
            (3) Prohibition on forfeiture.--The non-use of all or any 
        portion of the Tribal water rights by a lessee or contractor 
        shall not result in the forfeiture, abandonment, 
        relinquishment, or other loss of all or any portion of the 
        Tribal water rights.
    (h) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--
            (1) authorizes any action by an allottee against any 
        individual or entity, or against the Tribe, under Federal, 
        State, tribal, or local law; or
            (2) alters or affects the status of any action brought 
        pursuant to section 1491(a) of title 28, United States Code.

SEC. 15. BLACKFEET SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Blackfeet Settlement Fund'' 
(referred to in this section as the ``Fund'') to be managed, invested, 
and distributed by the Secretary, consisting of the amounts deposited 
in the Fund under subsection (c), together with any interest earned on 
those amounts, to be available until expended and to be used solely for 
the purpose of carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the Fund the 
following accounts:
            (1) The Administration and Energy Account.
            (2) The OM&R Account.
            (3) The St. Mary Account.
            (4) The Blackfeet Water, Storage, and Development Projects 
        Account.
            (5) The MR&I System Account.
            (6) The Blackfeet Irrigation Project Deferred Maintenance, 
        Four Horns Dam Safety, and Rehabilitation and Enhancement of 
        the Four Horns Feeder Canal, Dam, and Reservoir Improvements 
        Account.
            (7) The St. Mary/Milk Water Management and Activities Fund.
    (c) Transfers.--The Secretary shall transfer to the Fund--
            (1) to the Administration and Energy Account, the amount 
        made available pursuant to section 16(a)(1);
            (2) in the OM&R Account, the amount made available pursuant 
        to section 16(a)(2);
            (3) in the St. Mary Account, the amount made available 
        pursuant to section 16(a)(3);
            (4) in the Blackfeet Water, Storage, and Development 
        Projects Account, the amount made available pursuant to section 
        16(a)(5);
            (5) for the MR&I System Account, the amount made available 
        pursuant to section 16(a)(4);
            (6) for the Blackfeet Irrigation Project Deferred 
        Maintenance, Four Horns Dam Safety, and Rehabilitation and 
        Enhancement of the Four Horns Feeder Canal, Dam, and Reservoir 
        Improvements Account, the amount made available pursuant to 
        section 16(a)(6); and
            (7) for the St. Mary/Milk Water Management and Activities 
        Fund, the amount made available pursuant to section 16(a)(7).
    (d) Management of Settlement Fund.--The Secretary shall manage, 
invest, and distribute all amounts in the Fund in a manner that is 
consistent with the investment authority of the Secretary under--
            (1) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a);
            (2) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.); and
            (3) this section.
    (e) Availability of Amounts.--
            (1) In general.--Amounts appropriated to, and deposited in, 
        the Fund, including any investment earnings, shall be made 
        available to the Tribe by the Secretary beginning on the 
        enforceability date.
            (2) Funding for tribal implementation activities.--
        Notwithstanding paragraph (1), as soon as practicable after the 
        date on which the Tribe ratifies the Compact, and subject to 
        the availability of appropriations, the Secretary shall make 
        available to the Tribe to carry out this Act $4,800,000 from 
        the Administration and Energy Account.
    (f) Withdrawals by Tribe.--
            (1) In general.--The Tribe may withdraw all or part of the 
        funds in the Fund, not including the $3,800,000 made available 
        for the St. Mary River studies under section 7(b), on approval 
        by the Secretary of a tribal management plan submitted by the 
        Tribe in accordance with the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
            (2) Requirements.--
                    (A) In general.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
                management plan under paragraph (1) shall require that 
                the Tribe shall spend all amounts withdrawn from the 
                Fund in accordance with this Act.
                    (B) Enforcement.--The Secretary may carry out such 
                judicial or administrative actions as the Secretary 
                determines to be necessary to enforce the tribal 
                management plan to ensure that amounts withdrawn by the 
                Tribe from the Trust Fund under this subsection are 
                used in accordance with this Act.
    (g) Withdrawals by Tribe Pursuant to Expenditure Plan.--
            (1) In general.--The Tribe may request that all or part of 
        the funds in the Fund be disbursed from the Fund pursuant to an 
        approved expenditure plan consistent with this Act.
            (2) Requirements.--The expenditure plan under paragraph (1) 
        shall include a description of the manner and purpose for which 
        the amounts proposed to be withdrawn from the Fund will be used 
        by the Tribe, in accordance with subsection (h).
            (3) Approval.--On receipt of an expenditure plan under this 
        subsection, the Secretary shall approve the plan if the 
        Secretary determines that the plan is reasonable and consistent 
        with the purposes of this Act.
            (4) Enforcement.--The Secretary may carry out such judicial 
        or administrative actions as the Secretary determines to be 
        necessary to enforce an expenditure plan to ensure that amounts 
        disbursed under this subsection are used in accordance with 
        this Act.
    (h) Uses.--Amounts from the Fund shall be used by the Tribe for the 
following purposes:
            (1) The Administration and Energy Account shall be used in 
        accordance with subsection (e)(2) and for administration of the 
        Tribal water rights and energy development projects under this 
        Act and the Compact.
            (2) The OM&R Account shall be used to assist the Tribe in 
        paying OM&R costs.
            (3) The St. Mary Account shall be distributed as follows:
                    (A) Subject to subparagraph (B), all interest 
                earned on the account shall be distributed to the Tribe 
                annually.
                    (B) If the Tribe withdraws all or a portion of the 
                principal under subsection (f) or (g)--
                            (i) subparagraph (A) shall not apply; and
                            (ii) the Secretary shall distribute the 
                        interest earned on the account for that year as 
                        the Secretary determines appropriate.
            (4) The Blackfeet Water, Storage, and Development Projects 
        Account shall be used to carry out section 12.
            (5) The MR&I System Account shall be used to carry out 
        section 11.
            (6) The Blackfeet Irrigation Project Deferred Maintenance, 
        Four Horns Dam Safety, and Rehabilitation and Enhancement of 
        the Four Horns Feeder Canal, Dam, and Reservoir Improvements 
        Account shall be used to carry out section 10.
            (7) The St. Mary/Milk Water Management and Activities 
        Account shall be used to carry out sections 5 and 7.
    (i) No Federal Liability.--The Secretary and the Secretary of the 
Treasury shall not be liable for the expenditure or investment of any 
amounts withdrawn from the Fund by the Tribe under subsection (f) or 
(g).
    (j) No Per Capita Distributions.--No portion of the Fund shall be 
distributed on a per capita basis to any member of the Tribe.
    (k) Transfer of Funds.--On request by the Tribe, the Secretary may 
transfer amounts from an account described in paragraph (1), (2), (4), 
(5), or (7) of subsection (b) to any other account the Secretary 
determines to be appropriate.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Subject to subsection (b), 
there is authorized to be appropriated to the Secretary--
            (1) for deposit in the Administration and Energy Account, 
        $28,900,000;
            (2) for deposit in the OM&R Account, $27,760,000;
            (3) for deposit in the St. Mary Account, $27,800,000;
            (4) for deposit in the MR&I System Account, $76,200,000;
            (5) for deposit in the Blackfeet Water, Storage, and 
        Development Projects Account, $178,300,000;
            (6) for deposit in the Blackfeet Irrigation Project 
        Deferred Maintenance, Four Horns Dam Safety, and Rehabilitation 
        and Enhancement of the Four Horns Feeder Canal, Dam, and 
        Reservoir Improvements Account, $54,900,000, of which--
                    (A) $40,900,000 shall be made available for 
                activities and projects under section 10(c); and
                    (B) $14,000,000 shall be made available for 
                activities and projects under section 10(d)(2); and
            (7) for deposit in the St. Mary/Milk Water Management and 
        Activities Account, $26,700,000, of which--
                    (A) $20,700,000 shall be allocated for the 
                Swiftcurrent Creek Bank Stabilization Project; and
                    (B) $500,000 shall be allocated to carry out 
                section 5.
    (b) Cost Indexing.--All amounts authorized to be appropriated 
pursuant to paragraphs (2), (4), (5), (6), and (7) of subsection (a) 
shall be adjusted as necessary to reflect the changes since April 2010, 
in the construction costs indices applicable to the construction, 
maintenance, rehabilitation, or improvement of the projects and 
activities described in this Act as of the date of completion of the 
activity, construction, maintenance, rehabilitation, or improvement of 
the relevant project or activity.

SEC. 17. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST AND GLACIER 
              NATIONAL PARK.

    The instream flow water rights of the Tribe on land within the 
Lewis and Clark National Forest and Glacier National Park are confirmed 
and shall be as set forth in the document entitled ``Stipulation to 
Address Claims by and for the Benefit of the Blackfeet Indian Tribe to 
Water Rights in the Lewis & Clark National Forest and Glacier National 
Park'' and [dated ________], and as finally decreed by the Montana 
Water Court, subject to section 18(e).

SEC. 18. WAIVERS AND RELEASES OF CLAIMS.

    (a) In General.--
            (1) Waivers and releases of claims by tribe and united 
        states acting in its capacity as trustee for tribe.--Subject to 
        the retention of rights set forth in subsection (c), as 
        consideration for recognition of the Tribal water rights and 
        other benefits as set forth in the Compact and this Act, the 
        Tribe, on behalf of itself and the members of the Tribe (but 
        not tribal members in their capacities as allottees), and the 
        United States, acting as trustee for the Tribe and the members 
        of the Tribe (but not tribal members in their capacities as 
        allottees), shall execute a waiver and release of all claims 
        for water rights within the State that the Tribe, or the United 
        States acting as trustee for the Tribe, asserted or could have 
        asserted in any proceeding, including a State stream 
        adjudication, on or before the enforceability date, except to 
        the extent that such rights are recognized in the Compact and 
        this Act.
            (2) Waiver and release of claims by the united states 
        acting in its capacity as trustee for allottees.--Subject to 
        the retention of claims set forth in subsection (c), as 
        consideration for recognition of the Tribal water rights and 
        other benefits as set forth in the Compact and this Act, the 
        United States, acting as trustee for allottees, may execute a 
        waiver and release of all claims for water rights within the 
        Reservation that the United States, acting as trustee for the 
        allottees, asserted or could have asserted in any proceeding, 
        including a State stream adjudication, prior to and including 
        the enforceability date, except to the extent that such rights 
        are recognized in the Compact and this Act.
            (3) Waiver and release of claims by the tribe against 
        united states.--Subject to the retention of rights set forth in 
        subsection (c), the Tribe, on behalf of itself and the members 
        of the Tribe (but not tribal members in their capacities as 
        allottees), shall execute a waiver and release of--
                    (A) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to claims for water rights within the State 
                that the United States, acting as trustee for the 
                Tribe, asserted or could have asserted in any 
                proceeding, including a stream adjudication in the 
                State, except to the extent that such rights are 
                recognized as Tribal water rights under this Act;
                    (B) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to damages, losses, or injuries to water, 
                water rights, land, or natural resources due to loss of 
                water or water rights (including damages, losses, or 
                injuries to hunting, fishing, gathering, or cultural 
                rights due to loss of water or water rights, claims 
                relating to interference with, diversion, or taking of 
                water, or claims relating to failure to protect, 
                acquire, replace, or develop water, water rights, or 
                water infrastructure) within the State that first 
                accrued at any time prior to and including the 
                enforceability date;
                    (C) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to the failure to establish or provide a 
                municipal rural or industrial water delivery system on 
                the Reservation;
                    (D) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to deferral of maintenance for the Blackfeet 
                Irrigation Project or the failure to provide dam safety 
                improvements for Four Horns Reservoir;
                    (E) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to the litigation of claims relating to the 
                water rights of the Tribe in the State;
                    (F) all claims against the United States (including 
                the agencies and employees of the United States) 
                relating to the negotiation, execution, or the adoption 
                of the Compact (including exhibits) and this Act;
                    (G) all claims against the United States (including 
                the agencies and employees of the United States) 
                reserved in subsections (b) through (d) of section 6 of 
                the settlement for the case styled Blackfeet Tribe v. 
                United States, No. 02-127L (Fed. Cl. 2012);
                    (H) all claims against the United States (including 
                the agencies and employees of the United States) that 
                first accrued at any time on or before the 
                enforceability date arising from the taking or 
                acquisition of the land of the Tribe or resources for 
                the construction of the features of the St. Mary Unit 
                of the Milk River Project;
                    (I) all claims against the United States (including 
                the agencies and employees of the United States) that 
                first accrued at any time on or before the 
                enforceability date relating to the construction, 
                operation, and maintenance of the St. Mary Unit of the 
                Milk River Project including Sherburne Dam, St. Mary 
                Diversion Dam, St. Mary Canal and associated 
                infrastructure and the management of flows in 
                Swiftcurrent Creek, including the diversion of 
                Swiftcurrent Creek into Lower St. Mary Lake;
                    (J) all claims against the United States (including 
                the agencies and employees of the United States) that 
                first accrued at any time on or before the 
                enforceability date relating to the construction, 
                operation, and management of Lower Two Medicine Dam and 
                Reservoir and Four Horns Dam and Reservoir; and
                    (K) all claims against the United States (including 
                the agencies and employees of the United States) that 
                first accrued at any time on or before the 
                enforceability date relating to the allocation of 
                waters of the Milk River and St. Mary River (including 
                tributaries) between the United States and Canada 
                pursuant to the International Boundary Waters Treaty of 
                1909 (36 Stat. 2448).
    (b) Effectiveness of Waivers and Releases.--The waivers under 
subsection (a) shall take effect on the enforceability date.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized under this Act, the Tribe, on 
behalf of itself and the members of the Tribe, and the United States, 
acting as trustee for the Tribe and allottees, retain--
            (1) all claims for enforcement of the Compact, any final 
        decree, or this Act;
            (2) all rights to use and protect water rights acquired 
        after the date of enactment of this Act;
            (3) all claims relating to activities affecting the quality 
        of water, including any claims the Tribe may have under--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.), including damages to natural resources;
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (commonly referred to as the 
                ``Clean Water Act''); and
                    (D) any regulations implementing the Acts described 
                in subparagraphs (A), (B), and (C);
            (4) all claims relating to damages, losses, or injuries to 
        land or natural resources that are not due to loss of water or 
        water rights (including hunting, fishing, gathering, or 
        cultural rights);
            (5) all claims to title to land, including title to land as 
        a result of the movement of water bodies;
            (6) all claims relating to failure to make productive use 
        of any land created by the movement of water bodies to which 
        the Tribe has claimed title; and
            (7) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        Act or the Compact.
    (d) Effect of Compact and Act.--Nothing in the Compact or this 
Act--
            (1) affects the ability of the United States, acting as a 
        sovereign, to take actions authorized by law, including any 
        laws relating to health, safety, or the environment, 
        including--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (commonly referred to as the 
                ``Clean Water Act''); and
                    (D) any regulations implementing the Acts described 
                in subparagraphs (A), (B), and (C);
            (2) affects the ability of the United States to act as 
        trustee for any other Indian tribe or allottee of any other 
        Indian tribe;
            (3) confers jurisdiction on any State court--
                    (A) to interpret Federal law regarding health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                other parties pursuant to Federal law regarding health, 
                safety, or the environment; or
                    (C) to conduct judicial review of Federal agency 
                action;
            (4) waives any claim of a member of the Tribe in an 
        individual capacity that does not derive from a right of the 
        Tribe;
            (5) revives any claim waived by the Tribe in the case 
        styled Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl. 
        2012); or
            (6) revives any claim released by an allottee or a tribal 
        member in the settlement for the case styled Cobell v. Salazar, 
        No. 1:96CV01285-JR (D.D.C. 2012).
    (e) Enforceability Date.--The enforceability date shall be the date 
on which the Secretary publishes in the Federal Register a statement of 
findings that--
            (1)(A) the Montana Water Court has issued a final judgment 
        and decree approving the Compact; or
            (B) if the Montana Water Court is found to lack 
        jurisdiction, the United States district court has approved the 
        Compact as a consent decree and the approval is final;
            (2) all amounts authorized to be appropriated under section 
        16(a) have been appropriated;
            (3) the State has appropriated and paid into an interest-
        bearing escrow account any payments due as of the date of 
        enactment of this Act to the Tribe under the Compact, the Birch 
        Creek Agreement, and this Act;
            (4) the State has appropriated and deposited into the Birch 
        Creek Mitigation Fund $14,000,000 to mitigate the impacts of 
        the development of the tribal water right described in article 
        III.C.1. of the Compact on the Birch Creek water supplies of 
        the Pondera County Canal and Reservoir Company;
            (5)(A) the Tribe has ratified the Compact by submitting 
        this Act and the Compact to a vote by the tribal membership for 
        approval or disapproval; and
            (B) the Tribal membership has voted to approve this Act and 
        the Compact by a majority of votes cast on the day of the vote, 
        as certified by the Secretary and the Tribe;
            (6) the Secretary has fulfilled the requirements of section 
        9(a); and
            (7) the waivers and releases described in subsection (a) 
        have been executed by the Tribe and the Secretary.
    (f) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the date on which 
        the amounts made available to carry out this Act are 
        transferred to the Secretary.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
    (g) Expiration.--If all appropriations authorized under this Act 
have not been made available to the Secretary by January 21, 2020, the 
waivers authorized in this section shall expire and be of no further 
force or effect.
    (h) Voiding of Waivers.--If the waivers pursuant to this section 
are void under subsection (g)--
            (1) the approval of the United States of the Compact under 
        section 4 shall no longer be effective;
            (2) any unexpended Federal funds appropriated or made 
        available to carry out the activities authorized in this Act, 
        together with any interest earned on those funds, and any water 
        rights or contracts to use water and title to other property 
        acquired or constructed with Federal funds appropriated or made 
        available to carry out the activities authorized under this Act 
        shall be returned to the Federal Government, unless otherwise 
        agreed to by the Tribe and the United States and approved by 
        Congress; and
            (3) except for Federal funds used to acquire or develop 
        property that is returned to the Federal Government under 
        paragraph (2), the United States shall be entitled to offset 
        any Federal funds appropriated or made available to carry out 
        the activities authorized under this Act that were expended or 
        withdrawn, together with any interest accrued, against any 
        claims against the United States relating to water rights in 
        the State asserted by the Tribe or any users of the Tribal 
        water rights or in any future settlement of the water rights of 
        the Tribe or allottees.

SEC. 19. SATISFACTION OF CLAIMS.

    (a) Tribal Claims.--The benefits realized by the Tribe under this 
Act shall be in complete replacement of, complete substitution for, and 
full satisfaction of all claims of the Tribe against the United States 
that are waived and released pursuant to section 18(a)(1).
    (b) Allottee Claims.--The benefits realized by the allottees under 
this Act shall be in complete replacement of, in complete substitution 
for, and in full satisfaction of--
            (1) all claims that are waived and released pursuant to 
        section 18(a)(2); and
            (2) any claims of the allottees against the United States 
        that the allottees have or could have asserted that are similar 
        in nature to any claim described in section 18(a)(2).

SEC. 20. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity.--Except as provided in 
subsections (a) through (c) of section 208 of the Department of Justice 
Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the 
sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian tribe, band, or community 
other than the Tribe.
    (c) Limitation on Claims for Reimbursement.--With respect to 
Indian-owned land located within the Reservation--
            (1) the United States shall not submit against such land 
        any claim for reimbursement of the cost to the United States of 
        carrying out this Act or the Compact; and
            (2) no assessment of such land shall be made regarding that 
        cost.
    (d) Limitation on Liability of the United States.--The United 
States has no obligation--
            (1) to monitor, administer, or account for, in any manner, 
        any funds provided to the Tribe by any party to the Compact; or
            (2) to review or approve any expenditure of those funds.
    (e) Effect on Current Law.--Nothing in this section affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to pre-enforcement 
review of any Federal environmental enforcement action.
    (f) Effect on Reclamation Law.--The activities carried out by the 
Commissioner of Reclamation under this Act shall not establish a 
precedent or impact the authority provided under any other provision of 
Federal reclamation law, including--
            (1) the Reclamation Rural Water Supply Act of 2006 (43 
        U.S.C. 2401 et seq.); and
            (2) the Omnibus Public Land Management Act of 2009 (Public 
        Law 111-11; 123 Stat. 991).
    (g) Irrigation Efficiency in Upper Birch Creek Drainage.--Any 
activity carried out by the Tribe in the Upper Birch Creek Drainage (as 
defined in article II.50 of the Compact) using funds made available to 
carry out this Act shall achieve an irrigation efficiency of not less 
than 50 percent.
    (h) Birch Creek Agreement Approval.--The Birch Creek Agreement 
entered into between the Tribe and the State on January 31, 2008 (as 
amended on February 13, 2009) (including any amendments executed in 
accordance with this Act to make the Agreement consistent with this 
Act), is approved to the extent that the Birch Creek Agreement requires 
approval under section 2116 of the Revised Statutes (25 U.S.C. 177).
    (i) Limitation on Effect.--Nothing in this Act or the Compact 
establishes or alters the quantity of allocation or apportionment of 
water between or among States.

SEC. 21. REPEAL ON FAILURE TO MEET ENFORCEABILITY DATE.

    If the Secretary fails to publish a statement of findings under 
section 18(e) by not later than January 21, 2025, or such alternative 
later date as is agreed to by the Tribe and the Secretary, after 
reasonable notice to the State, as applicable--
            (1) this Act is repealed effective on the later of--
                    (A) January 22, 2025; and
                    (B) the day after such alternative later date as is 
                agreed to by the Tribe and the Secretary;
            (2) any action taken by the Secretary and any contract or 
        agreement entered into pursuant to this Act shall be void;
            (3) any amounts made available under section 16 that remain 
        unexpended, shall immediately revert to the general fund of the 
        Treasury;
            (4) any amounts made available under section 16, together 
        with any interest on those amounts, shall immediately revert to 
        the general fund of the Treasury; and
            (5) the United States shall be entitled to offset against 
        any claims asserted by the Tribe against the United States 
        relating to water rights--
                    (A) any funds expended or withdrawn from the 
                amounts made available pursuant to this Act; and
                    (B) any funds made available to carry out the 
                activities authorized under this Act from other 
                authorized sources.

SEC. 22. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this Act (including any 
obligation or activity under the Compact) if--
            (1) adequate appropriations are not provided expressly by 
        Congress to carry out the purposes of this Act; or
            (2) there are not enough monies available to carry out the 
        purposes of this Act in the Reclamation Water Settlements Fund 
        established under section 10501(a) of the Omnibus Public Land 
        Management Act of 2009 (43 U.S.C. 407(a)).

SEC. 23. OFFSETS.

    If insufficient funds are appropriated to carry out this Act for a 
fiscal year, the Secretary may use to carry out this Act such amounts 
as are necessary from other amounts available to the Secretary for that 
fiscal year that are not otherwise obligated.
                                 <all>
```