II 

112TH CONGRESS 

2D SESSION S. 3209 

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

Indian Community, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2012 

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

to the Committee on Indian Affairs 

A BILL 

To provide for the settlement of the water rights claims 

of the Fort Belknap Indian Community, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

6 Indian Community Water Rights Settlement Act of 

7 2012’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Findings and purposes. 

Sec. 3. Definitions. 

Sec. 4. Approval of compact and judicial decree. 

Sec. 5. Tribal water rights. 

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

Sec. 7. Lake Elwell. 

Sec. 8. Milk River Project modifications; Milk River Coordinating Committee; 

Mitigation of impacts and protection of Milk River water users. 

Sec. 9. Satisfaction of claims. 

Sec. 10. Waivers and releases of claims. 

Sec. 11. Fort Belknap Indian Community Settlement Fund. 

Sec. 12. Miscellaneous provisions. 

Sec. 13. Antideficiency. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) to fulfill the trust responsibility of the 

4 United States to Indian tribes and to promote tribal 

5 sovereignty and economic self-sufficiency, it is the 

6 policy of the United States to settle water rights 

7 claims of Indian tribes without lengthy and costly 

8 litigation; 

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

11 the Gros Ventre and Assiniboine Tribes; 

12 (3) an adequate water supply for the Fort 

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

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

17 (4) the sovereignty of the Fort Belknap Indian 

18 Community and the economy of the Reservation deVerDate Mar 15 2010 23:43 May 22, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 pend on the development of the water and other re2 sources of the Reservation; 

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

4 the facilities needed to use reservation water sup5 plies and other resources effectively are necessary 

6 for— 

7 (A) the development of a viable Reserva8 tion economy; and 

9 (B) the implementation of the water rights 

10 compact between the Fort Belknap Indian 

11 Community and the State of Montana; 

12 (6) recognizing that a final resolution of the ad13 judications of the Fort Belknap Indian Community 

14 water rights pending in Federal and State courts 

15 will require many years and great expense to all par16 ties of the adjudications, prolong uncertainty regard17 ing the availability of water supplies, and seriously 

18 impair the long-term economic planning and develop19 ment of the parties, the Fort Belknap Indian Com20 munity and the State entered into the Fort Belknap21 Montana Water Rights Compact on April 16, 2001; 

22 (7) the allocation of water resources from Lake 

23 Elwell to the Fort Belknap Indian Community under 

24 this Act is uniquely suited to the geographical, soVerDate Mar 15 2010 23:43 May 22, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 cial, and economic characteristics of the area and 

2 situation; 

3 (8) changes in the administration of the Milk 

4 River Project are necessary to satisfy the water 

5 rights of the Fort Belknap Indian Community; 

6 (9) the Fort Belknap Indian Community has 

7 held sacred certain land within and adjacent to the 

8 present boundaries of the Fort Belknap Reservation 

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

10 status; 

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

12 within the ancestral territory of the Fort Belknap 

13 Indian Community and has historical, cultural, and 

14 spiritual significance for the Fort Belknap Indian 

15 Community; and 

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

17 trust status of the Federal, State, and fee land land 

18 described in paragraph (9) for the benefit of the 

19 Fort Belknap Indian Community will— 

20 (A) enable the Fort Belknap Indian Com21 munity to consolidate and restore the trust land 

22 ownership of the Reservation; and 

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

24 bond the Fort Belknap Indian Community has 

25 maintained to that land since time immemorial. 


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

2 (1) to achieve a fair, equitable, and final settle3 ment of all claims to water rights in the State of 

4 Montana for— 

5 (A) the Fort Belknap Indian Community, 

6 the members of the Fort Belknap Indian Com7 munity, and allottees of the Fort Belknap In8 dian Community living on the Reservation; and 

9 (B) the United States for the benefit of 

10 the Fort Belknap Indian Community, the mem11 bers of the Fort Belknap Indian Community, 

12 and allottees of the Fort Belknap Indian Com13 munity; 

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

15 Belknap Indian Community-Montana Water Rights 

16 Compact entered into by the Fort Belknap Indian 

17 Community and the State of Montana on April 16, 

18 2001; 

19 (3) to authorize and direct the Secretary— 

20 (A) to execute the Fort Belknap Indian 

21 Community-Montana Water Rights Compact; 

22 (B) to make available funding from the 

23 Reclamation Water Settlement Fund estab24 lished by section 10501 of the Omnibus Public 


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

2 407); and 

3 (C) to take any other action the Secretary 

4 determines to be necessary to implement the 

5 Compact in accordance with this Act; 

6 (4) to authorize certain economic development 

7 initiatives and projects on the Reservation— 

8 (A) to implement the Compact; 

9 (B) to maximize the benefits of the water 

10 rights memorialized in the Compact; and 

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

12 and social needs of the Fort Belknap Indian 

13 Community are addressed in a manner that 

14 promotes self-sufficiency and sovereignty; 

15 (5) to authorize certain modifications to— 

16 (A) the purposes and operation of the 

17 projects of the Bureau of Reclamation for Tiber 

18 Dam and Lake Elwell on the Marias River in 

19 the State in order to provide the Fort Belknap 

20 Indian Community with an allocation of water 

21 from Lake Elwell; and 

22 (B) the operations and facilities of the 

23 Milk River Project in order to implement the 

24 Compact; 


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1 (6) to ensure the availability of amounts nec2 essary for the implementation of the Compact and 

3 this Act; and 

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

5 transfer of certain Federal, State, and fee land. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

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

9 individual Indian (or the successor of an individual 

10 Indian) who owns or holds a trust allotment or in11 terest in a trust allotment on the Reservation under 

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

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

14 Act. 

15 (2) COMMISSIONER.—The term ‘‘Commis16 sioner’’ means the Commissioner of Reclamation. 

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

18 the water rights agreement between the Fort 

19 Belknap Indian Community and the State contained 

20 in section 85–20–1001 of the Montana Code Anno21 tated (2011), including any exhibit, part, or amend22 ment to the Compact. 

23 (4) ENFORCEABILITY DATE.—The term ‘‘en24 forceability date’’ means the date on which the SecVerDate Mar 15 2010 23:43 May 22, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 retary publishes in the Federal Register the state2 ment of findings described in section 10(d). 

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

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

5 means the completion of— 

6 (A) a direct appeal to the Montana Su7 preme Court of a decree by the Montana Water 

8 Court, including the expiration of time for filing 

9 of a direct appeal; or 

10 (B) an appeal to the appropriate court of 

11 the United States, including the expiration of 

12 time in which a petition for certiorari may be 

13 filed in the Supreme Court, denial of such a pe14 tition, or issuance of a final judgment of the 

15 Supreme Court, whichever occurs last. 

16 (6) FORT BELKNAP INDIAN COMMUNITY COUN17 CIL.—The term ‘‘Fort Belknap Indian Community 

18 Council’’ means the governing body of the Fort 

19 Belknap Indian Community. 

20 (7) FORT BELKNAP INDIAN COMMUNITY.—The 

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

22 Gros Ventre and Assiniboine Tribes and members 

23 and allottees of those Tribes, including the respec24 tive successors, heirs, and assigns of the members 


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1 and allottees, of the Fort Belknap Reservation of 

2 Montana. 

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

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

5 River Project, located on the Milk River 14 miles 

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

7 of June 16, 1933 (48 Stat. 195, chapter 90) (com8 monly known as the ‘‘National Industrial Recovery 

9 Act’’). 

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

11 Belknap Indian Community Settlement Fund estab12 lished by section 11(a). 

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

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

15 Indian Self-Determination and Education Assistance 

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

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

18 means the joint board of control for the Milk River 

19 Project established in accordance with State law. 

20 (12) MALTA IRRIGATION DISTRICT.—The term 

21 ‘‘Malta Irrigation District’’ means the public cor22 poration— 

23 (A) created on December 28, 1923, pursu24 ant to the laws of the State relating to irriga25 tion districts; and 


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1 (B) headquartered in Malta, Montana. 

2 (13) MILK RIVER COORDINATING COM3 MITTEE.—The term ‘‘Milk River Coordinating Com4 mittee’’ means the committee established by article 

5 IV.C of the Compact. 

6 (14) MILK RIVER PROJECT.— 

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

8 Project’’ means the Bureau of Reclamation 

9 project conditionally approved by the Secretary 

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

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

12 commencing at Lake Sherburne Reservoir and 

13 providing water through a point approximately 

14 6 miles east of Nashua, Montana. 

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

16 Project’’ includes— 

17 (i) the St. Mary storage unit; 

18 (ii) the Fresno Dam; and 

19 (iii) the Dodson pumping unit. 

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

22 the Missouri River (including tributaries), except as 

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


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

3 Program’’ means the Pick-Sloan Missouri River 

4 Basin Program (authorized by section 9 of the Act 

5 of December 22, 1944 (commonly known as the 

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

7 665)). 

8 (17) RESERVATION.— 

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

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

15 is held in trust by the United States for the 

16 benefit of the Gros Ventre and Assiniboine 

17 Tribes, including the land within the boundary 

18 established by the Treaty ratified by the Act of 

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

20 modified by the Grinnell Agreement of October 

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

22 (29 Stat. 350, chapter 398) and the Act of 

23 March 3, 1931 (41 Stat. 1355, chapter 135). 

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

25 means the Secretary of the Interior. 


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

2 State of Montana. 

3 (20) TRIBAL WATER CODE.—Notwithstanding 

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

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

6 water code adopted by the Fort Belknap Indian 

7 Community in accordance with section 5(c). 

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

9 water rights’’ means— 

10 (A) the water rights of the Fort Belknap 

11 Indian Community established in Article III of 

12 the Compact; 

13 (B) the allocation of water to the Fort 

14 Belknap Indian Community from Lake Elwell 

15 under section 7; and 

16 (C) the water rights of allottees. 

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

18 (a) APPROVAL OF COMPACT.— 

19 (1) IN GENERAL.—Except as otherwise pro20 vided in this Act and to the extent the Compact does 

21 not conflict with this Act, the Compact is author22 ized, approved, and confirmed. 

23 (2) AMENDMENTS TO COMPACT.—If amend24 ments are executed to make the Compact consistent 

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1 proved, and confirmed to the extent those amend2 ments are consistent with this Act. 

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

4 the Compact by a majority of those eligible members of 

5 the Fort Belknap Indian Community casting votes on the 

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

7 (1) promptly execute and implement the Com8 pact, including all exhibits to or parts of the Com9 pact requiring the signature of the Secretary; and 

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

11 implement the Compact, including approving modi12 fications to appendices and exhibits to the Compact 

13 not inconsistent with this Act, to the extent those 

14 modifications do not otherwise require Congressional 

15 approval pursuant to section 2116 of the Revised 

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

17 law. 

18 (c) APPROVAL OF JUDICIAL DECREE.— 

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

20 after the date on which the Compact is approved 

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

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

23 Belknap Indian Community, and the State shall sub24 mit to the Montana Water Court, individually or 

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


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1 the United States, the Fort Belknap Indian Commu2 nity, and the State, identified as Appendix 1 to the 

3 Compact (including any amendment to the decree). 

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

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

6 Compact occur, the United States, the Fort Belknap 

7 Indian Community, or the State may submit to the 

8 United States district court with appropriate juris9 diction a petition to enter as a consent decree in the 

10 United States district court the decree described in 

11 paragraph (1). 

12 (3) EFFECT OF FAILURE OF APPROVAL.— 

13 (A) IN GENERAL.—If a circumstance de14 scribed in subparagraph (B) occurs— 

15 (i) the approval of the Compact under 

16 subsection (a) shall be void; and 

17 (ii) the authority under this Act shall 

18 terminate. 

19 (B) CIRCUMSTANCE.—A circumstance re20 ferred to in subparagraph (A) is that— 

21 (i) the Montana Water Court and the 

22 United States district court of jurisdiction, 

23 as applicable, fail to approve the decree de24 scribed in paragraph (1) during the 5-year 


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1 period beginning on the date on which the 

2 decree is filed in the court; 

3 (ii) the decree is approved but subse4 quently set aside by the Montana Water 

5 Court or the United States district court; 

6 or 

7 (iii) the decree is set aside on direct 

8 appeal. 

9 (d) FILING FOR APPOINTMENT OF WATER COMMIS10 SIONER.—On submission of a petition described in para11 graph (1) or (2) of subsection (b), the United States, the 

12 Fort Belknap Indian Community, and the State shall 

13 jointly petition the appropriate court for appointment of 

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

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

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

17 SEC. 5. TRIBAL WATER RIGHTS. 

18 (a) TREATMENT.— 

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

20 rights— 

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

22 States for the use and benefit of the Fort 

23 Belknap Indian Community and allottees in ac24 cordance with this section; and 


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1 (B) shall not be subject to forfeiture or 

2 abandonment. 

3 (2) ALLOTTEES.—Each allottee shall be pro4 vided tribal water rights that are equivalent to or ex5 ceed the tribal water rights that allottees have on 

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

7 taking into consideration— 

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

9 delay associated with litigation that would be 

10 resolved by the Compact and this Act; 

11 (B) the availability of funding under this 

12 Act and from other sources; 

13 (C) the availability of water from the tribal 

14 water rights; and 

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

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

17 Act to protect the interests of allottees. 

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

19 water of a member of the Fort Belknap Indian Commu20 nity, an allottee, or an owner of fee land located within 

21 the Reservation— 

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

23 tribal water rights; and 


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

3 Code. 

4 (c) TRIBAL WATER CODE.— 

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

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

8 Indian Community shall enact a Tribal Water Code, 

9 subject to applicable laws, that— 

10 (A) regulates the tribal water rights to 

11 provide for irrigation, domestic, commercial, 

12 municipal, industrial, cultural, recreational, and 

13 other uses; and 

14 (B) includes a due process system— 

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

17 any successor in interest to an allottee, for 

18 an allocation of water under the tribal 

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

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

23 water; and 


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

3 tribal water rights; 

4 (ii) to protect the interest of allottees 

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

7 (iii) by which an owner of fee land 

8 within the Reservation may apply for any 

9 lawful use of water under the tribal water 

10 rights; and 

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

13 in cooperation with establishment of a con14 tiguous controlled groundwater area off the 

15 Reservation established pursuant to section 

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

17 State law. 

18 (2) ACTION BY SECRETARY.— 

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

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

23 (B). 

24 (B) APPROVAL.—The Tribal Water Code 

25 shall not be valid unless— 


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1 (i) the Tribal Water Code is approved 

2 by the Secretary; and 

3 (ii) each amendment to the Tribal 

4 Water Code that affects the rights of an 

5 allottee is approved by the Secretary. 

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

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

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

9 relating to water under the tribal water rights against the 

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

11 1887 (25 U.S.C. 381), or any other applicable law, or oth12 erwise request relief from the Secretary, until the member, 

13 allottee, or fee land owner exhausts each applicable rem14 edy under the Tribal Water Code or other applicable tribal 

15 law. 

16 (e) TEMPORARY TRANSFER OF TRIBAL WATER

17 RIGHTS.— 

18 (1) IN GENERAL.—On approval of the Sec19 retary and the State as required under article 

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

21 Community may temporarily transfer by service con22 tract, lease, exchange, or other agreement, certain 

23 portions of the tribal water rights, in accordance 

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

25 Reservation within the Missouri River Basin, except 


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1 as limited by the 1909 Boundary Waters Treaty be2 tween Canada and United States. 

3 (2) REQUIREMENTS.—An agreement under 

4 paragraph (1)— 

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

6 100 years; 

7 (B) may include provisions for renewal of 

8 the agreement for an additional term of not 

9 more than 100 years; and 

10 (C) shall not permanently alienate any por11 tion of the tribal water rights. 

12 (f) PICK-SLOAN MISSOURI RIVER BASIN PROGRAM

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

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

15 power pumping preferred rates established as of the date 

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

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

18 acres under irrigation pursuant to projects of the Fort 

19 Belknap Indian Community. 

20 (g) MILK RIVER WATER RIGHTS.— 

21 (1) IDENTIFICATION OF ALTERNATIVES.—The 

22 Secretary shall identify and implement alternatives 

23 to resolve any conflict between the Milk River water 

24 rights of the Blackfeet Tribe and the Fort Belknap 

25 Indian Community in a manner that ensures that 


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1 the full allocation of the water rights of each Indian 

2 tribe under the water rights compacts of the Indian 

3 tribes are fully satisfied. 

4 (2) AGREEMENT OF TRIBES.—The Secretary 

5 shall obtain the agreement of the Blackfeet Tribe 

6 and the Fort Belknap Indian Community to any al7 ternative identified under subsection (a). 

8 (3) FUNDING.—Amounts used by the Secretary 

9 to implement any alternative identified under sub10 section (a) shall be in addition to the amounts au11 thorized for the water rights settlements of the 

12 Blackfeet Tribe and the Fort Belknap Indian Com13 munity. 

14 SEC. 6. EXCHANGE, ACQUISITION, AND TRANSFER OF PUB15 LIC LAND INTO TRUST. 

16 (a) EXCHANGE OF STATE LAND.— 

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

18 claims relating to Indian water rights covered by 

19 this Act, the Fort Belknap Indian Community shall 

20 request and agree to the exchange and transfer of 

21 land in accordance with this subsection. 

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

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1 graph (3) for the following parcels of land owned by 

2 the State, located on and off the Reservation: 

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

4 sec. 16. 

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

6 sec. 16. 

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

8 36. 

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

10 16. 

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

12 36. 

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

14 16. 

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

16 36. 

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

18 16. 

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

20 16. 

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

22 36. 

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

24 36. 


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

2 16. 

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

4 36. 

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

6 16. 

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

8 36. 

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

10 16. 

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

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

14 Act. 

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

16 sec. 16, excluding the 73.36 acres under lease 

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

18 of this Act. 

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

20 36. 

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

22 16. 

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

24 16. 


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

2 36. 

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

4 16. 

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

6 36. 

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

8 16. 

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

10 sec. 16, excluding the 58.72 acres under lease 

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

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

14 36. 

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

16 16. 

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

18 36. 

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

20 16. 

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

22 36. 

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

24 16. 


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25 

•S 3209 IS

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

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

4 Act. 

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

6 36. 

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

8 16. 

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

10 36. 

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

12 sec. 16, lot 4. 

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

14 16. 

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

16 sec. 36. 

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

18 16. 

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

20 27. 

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

22 sec. 16. 

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

24 sec. 36, comprised of— 

25 (i) 9.15 acres in lot 1; 


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26 

•S 3209 IS

1 (ii) 13.69 acres in lot 2; 

2 (iii) 18.23 acres in lot 3; 

3 (iv) 22.77 acres in lot 4; 

(v) 40 acres in the NE1 4 ⁄4 of the 

NE1 5 ⁄4; 

(vi) 40 acres in the NE1 6 ⁄4 of the 

NW1 7 ⁄4; 

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

SE1 9 ⁄4; 

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

SW1 11 ⁄4; 

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

NE1 13 ⁄4; 

(x) 40 acres in the NW1 14 ⁄4 of the 

SE1 15 ⁄4; 

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

NE1 17 ⁄4; 

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

NW1 19 ⁄4; 

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

SE1 21 ⁄4; 

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

SW1 23 ⁄4; 

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

NE1 25 ⁄4; and 


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•S 3209 IS

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

SE1 2 ⁄4. 

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

4 sec. 16, comprised of— 

5 (i) 18.09 acres in lot 1; 

6 (ii) 18.25 acres in lot 2; 

7 (iii) 18.43 acres in lot 3; and 

8 (iv) 18.59 acres in lot 4. 

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

10 sec. 16, comprised of— 

11 (i) 14.49 acres in lot 9; 

12 (ii) 14.61 acres in lot 10; 

13 (iii) 14.75 acres in lot 11; and 

14 (iv) 14.87 acres in lot 12. 

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

16 sec. 36, comprised of— 

17 (i) 45.82 acres in lot 1; 

18 (ii) 10.16 acres in lot 2; 

19 (iii) 14.52 acres in lot 3; 

20 (iv) 18.86 acres in lot 4; 

(v) 40 acres in the NE1 21 ⁄4 of the 

NE1 22 ⁄4; 

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

NE1 24 ⁄4; 


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28 

•S 3209 IS

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

NE1 2 ⁄4; 

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

SE1 4 ⁄4; 

(ix) 40 acres in the NW1 5 ⁄4 of the 

SE1 6 ⁄4; 

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

8 and 

(xi) 40 acres in the SW1 9 ⁄4 of the 

SE1 10 ⁄4. 

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

12 8. 

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

14 17, comprised of— 

(i) 320 acres in the N1 15 ⁄2; and 

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

17 (WW) 120 acres in sec. 18, T. 29 N., R. 

18 22 E., comprised of— 

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

20 and 

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

SE1 22 ⁄4. 

23 (3) FEDERAL LAND.—Notwithstanding any 

24 other provision of law, for purposes of a land ex25 change under this subsection, the Secretary may exVerDate Mar 15 2010 23:43 May 22, 2012 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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•S 3209 IS

1 change any Federal land not identified for disposal 

2 pursuant to a resource management plan developed 

3 under the Federal Land Policy and Management Act 

4 of 1976 (43 U.S.C. 1701 et seq.), including any Bu5 reau of Reclamation land located in section 1, 2, 11, 

6 or 12 of T. 31 N., R. 32 E. 

7 (4) REQUIREMENTS.— 

8 (A) VALUE AND ACREAGE.—The Secretary 

9 shall ensure that— 

10 (i) the value of any Federal land ex11 changed for State land under this sub12 section is equal to or greater than the 

13 value of the State land; and 

14 (ii) the acreage of any Federal land 

15 exchanged for State land under this sub16 section is equal to or greater than the 

17 acreage of the State land, unless the Sec18 retary and the State specifically agree oth19 erwise. 

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

21 State specifically agree otherwise, each land ex22 change under this subsection shall be on a 

23 whole-estate for whole-estate basis. 

24 (5) ELIGIBILITY OF OTHER STATE PARCELS.— 

25 If, at any time after the date of enactment of this 


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30 

•S 3209 IS

1 Act, the Fort Belknap Community Council enters 

2 into a lease for any other State parcel or secures the 

3 written consent of each lessee of any other State 

4 parcel, the other State parcel shall be eligible for ex5 change under this subsection. 

6 (6) TOTAL QUANTITY OF STATE LAND TO BE

7 EXCHANGED.— 

8 (A) ON RESERVATION.—The total quantity 

9 of State land located within the boundaries of 

10 the Reservation that may be exchanged under 

11 this subsection is 20,296.1 acres. 

12 (B) OFF RESERVATION.—The total quan13 tity of State land located outside of the bound14 aries of the Reservation that may be trans15 ferred under this subsection is 7,413.24 acres. 

16 (b) FEDERAL LAND TRANSFERS.— 

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

18 claims relating to Indian water rights covered by 

19 this Act, the Fort Belknap Indian Community shall 

20 request and agree to the exchange and transfer of 

21 land in accordance with this subsection. 

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

23 the Fort Belknap Indian Community, the Secretary 

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

25 trust for the Fort Belknap Indian Community, all 


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31 

•S 3209 IS

1 Federal land within the parcels described in para2 graph (3)— 

3 (A) with the exception of any land subject 

4 to valid existing private rights, including land 

5 subject to sections 2318 through 2352 of the 

6 Revised Statutes (commonly known as the 

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

8 and 

9 (B) subject to the condition that no road 

10 necessary for customary access to fee parcels or 

11 other private rights within the parcels shall be 

12 included in the transfer. 

13 (3) DESCRIPTION OF PARCELS.—The parcels 

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

15 (A) BUREAU OF LAND MANAGEMENT PAR16 CELS.— 

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

18 sec. 4, comprised of— 

19 (I) 19.55 acres in lot 10; 

20 (II) 19.82 acres in lot 11; and 

21 (III) 20.09 acres in lot 16. 

(ii) 324.24 acres in the N1 22 ⁄2 of T. 25 

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

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

25 E., sec. 9, comprised of— 


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•S 3209 IS

(I) 41.11 acres of the E1 1 ⁄4 of the 

NE1 2 ⁄4; and 

(II) 362.45 acres of the S1 3 ⁄2. 

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

5 E., sec. 13. 

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

7 sec. 14. 

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

9 E., sec. 15. 

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

11 sec. 1, comprised of— 

(I) 80 acres of the S1 12 ⁄2 of the 

NW1 13 ⁄4; and 

(II) 80 acres of the W1 14 ⁄2 of the 

SW1 15 ⁄4. 

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

17 E., sec. 2, comprised of— 

(I) 82.54 acres of the E1 18 ⁄2 of the 

NW1 19 ⁄4; 

(II) 164.96 acres of the NE1 20 ⁄4; 

21 and 

(III) 320 acres of the S1 22 ⁄2. 

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

24 sec. 3, comprised of— 


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33 

•S 3209 IS

(I) 40 acres of the SE1 1 ⁄4 of the 

NW1 2 ⁄4; 

(II) 160 acres of the SW1 3 ⁄4; and 

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

SE1 5 ⁄4. 

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

7 sec. 4, comprised of— 

(I) 80 acres of the E1 8 ⁄2 of the 

SE1 9 ⁄4; and 

(II) 40 acres of the NW1 10 ⁄4 of the 

SE1 11 ⁄4. 

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

13 sec.5, comprised of— 

(I) 160 acres of the SW1 14 ⁄4; and 

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

NW1 16 ⁄4. 

(xii) 40 acres in the SE1 17 ⁄4 of the 

SE1 18 ⁄4 of T. 26 N., R. 21 E., sec. 6. 

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

20 sec. 8, comprised of— 

(I) 40 acres of the NE1 21 ⁄4 of the 

SW1 22 ⁄4; 

(II) 160 acres of the NW1 23 ⁄4; and 

(III) 40 acres of the NW1 24 ⁄4 of 

the SE1 25 ⁄4. 


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34 

•S 3209 IS

(xiv) 320 acres in the E1 1 ⁄2 of T. 26 

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

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

4 sec. 10. 

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

6 sec. 11, comprised of— 

(I) 320 acres of the N1 7 ⁄2; 

(II) 80 acres of the N1 8 ⁄2 of the 

SE1 9 ⁄4; 

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

(IV) 40 acres of the SW1 11 ⁄4 of the 

SE1 12 ⁄4. 

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

14 E., sec. 21, comprised of— 

(I) 160 acres of the NW1 15 ⁄4; and 

(II) 353.49 acres of the S1 16 ⁄2. 

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

18 E., sec. 28. 

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

20 sec. 29, comprised of— 

(I) 320 acres of the N1 21 ⁄2; 

(II) 160 acres of the N1 22 ⁄2 of the 

S1 23 ⁄2; and 

(III) 80 acres of the S1 24 ⁄2 of the 

SE1 25 ⁄4. 


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•S 3209 IS

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

2 sec. 32, comprised of— 

(I) 320 acres of the S1 3 ⁄2; and 

(II) 80 acres of the S1 4 ⁄2 of the 

NW1 5 ⁄4. 

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

7 E., sec. 33, comprised of— 

8 (I) lots 3, 4, and 5; 

(II) 40 acres of the NW1 9 ⁄4 of the 

NE1 10 ⁄4; 

(III) 160 acres of the SW1 11 ⁄4; and 

(IV) 80 acres of the W1 12 ⁄2 of the 

SE1 13 ⁄4. 

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

15 E., sec. 1, comprised of— 

(I) 48.71 acres of the N1 16 ⁄2 of the 

NE1 17 ⁄4; and 

(II) 40 acres of the SW1 18 ⁄4 of the 

SW1 19 ⁄4. 

20 (xxiii) 97.40 acres in the G lots 1, 2, 

21 3, and 4 of T. 27 N., R. 21 E., sec. 2. 

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

23 E., sec. 3, comprised of— 

24 (I) lots 11 and 12; 

25 (II) 24.36 acres in lot 1; 


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36 

•S 3209 IS

1 (III) 24.36 acres in lot 2; and 

2 (IV) 40 acres in lot 8. 

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

4 sec. 11, comprised of— 

(I) 40 acres of the NW1 5 ⁄4 of the 

SW1 6 ⁄4; and 

(II) 40 acres of the SW1 7 ⁄4 of the 

NW1 8 ⁄4. 

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

10 E., sec. 12, comprised of— 

(I) 80 acres of the E1 11 ⁄2 of the 

SW1 12 ⁄4; 

(II) 40 acres of the NW1 13 ⁄4 of the 

NW1 14 ⁄4; and 

(III) 40 acres of the S1 15 ⁄2 of the 

NW1 16 ⁄4. 

(xxvii) 38.87 acres in the NW1 17 ⁄4 of 

the SW1 18 ⁄4 of T. 27 N., R. 21 E., sec. 19. 

(xxviii) 40 acres in the SE1 19 ⁄4 of the 

NE1 20 ⁄4 of T. 27 N., R. 21 E., sec. 23. 

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

22 E., sec. 24, comprised of— 

(I) 80 acres of the E1 23 ⁄2 of the 

NW1 24 ⁄4; 

(II) 160 acres of the NE1 25 ⁄4; 


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37 

•S 3209 IS

(III) 40 acres of the NE1 1 ⁄4 of the 

SE1 2 ⁄4; and 

(IV) 40 acres of the SW1 3 ⁄4 of the 

SW1 4 ⁄4. 

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

6 sec. 25, comprised of— 

(I) 80 acres of the S1 7 ⁄2 of the 

NE1 8 ⁄4; and 

(II) 40 acres of the SE1 9 ⁄4 of the 

NW1 10 ⁄4. 

(xxxi) 40 acres in the NE1 11 ⁄4 of the 

SE1 12 ⁄4 of T. 27 N., R. 21 E., sec. 26. 

(xxxii) 160 acres in the NW1 13 ⁄4 of T. 

14 27 N., R. 21 E., sec. 27. 

(xxxiii) 40 acres in the SW1 15 ⁄4 of the 

SW1 16 ⁄4 of T. 27 N., R. 21 E., sec. 29. 

(xxxiv) 40 acres in the SW1 17 ⁄4 of the 

NE1 18 ⁄4 of T. 27 N., R. 21 E., sec 30. 

(xxxv) 120 acres in the SE1 19 ⁄4 of the 

NE1⁄4 and N1⁄2 of the SE1 20 ⁄4 of T. 27 N., 

21 R. 21 E., sec. 33. 

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

23 E., sec. 34, comprised of— 

(I) 160 acres of the N1 24 ⁄2 of the 

S1 25 ⁄2; 


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•S 3209 IS

(II) 160 acres of the NE1 1 ⁄4; 

(III) 80 acres of the S1 2 ⁄2 of the 

NW1 3 ⁄4; and 

(IV) 40 acres of the SE1 4 ⁄4 of the 

SE1 5 ⁄4. 

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

7 22 E., sec. 4, comprised of— 

8 (I) the G lots 5 and 6; 

9 (II) 40 acres in lot 10; and 

10 (III) 40 acres in lot 15. 

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

12 E., sec. 7, comprised of— 

(I) 40 acres of the NE1 13 ⁄4 of the 

NE1 14 ⁄4; 

(II) 80 acres of the NW1 15 ⁄4 of the 

SW1 16 ⁄4; and 

(III) 40 acres of the W1 17 ⁄2 of the 

NW1 18 ⁄4. 

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

20 E., sec. 8, comprised of— 

(I) 40 acres of the E1 21 ⁄2 of the 

NW1 22 ⁄4; and 

(II) 80 acres of the NE1 23 ⁄4 of the 

SW1 24 ⁄4. 


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39 

•S 3209 IS

(xl) 40 acres in the SW1 1 ⁄4 of the 

NW1 2 ⁄4 of T. 27 N., R. 22 E., sec. 9. 

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

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

(xlii) 40 acres in the NW1 5 ⁄4 of the 

NW1 6 ⁄4 of T. 27 N., R. 22 E., sec. 19. 

(xliii) 40 acres in the SE1 7 ⁄4 of the 

NW1 8 ⁄4 of T27 N., R22 E., sec. 20. 

(xliv) 80 acres in the W1 9 ⁄2 of the 

SE1 10 ⁄4 of T. 27 N., R. 22 E., sec. 31. 

(xlv) 52.36 acres in the SE1 11 ⁄4 of the 

SE1 12 ⁄4 of T. 27 N., R. 22 E., sec. 33. 

(xlvi) 40 acres in the NE1 13 ⁄4 of the 

SW1 14 ⁄4 of T. 28 N., R. 22 E., sec. 29. 

(xlvii) 40 acres in the NE1 15 ⁄4 of the 

NE1 16 ⁄2 of T. 26 N., R. 21 E., sec. 7. 

17 (xlviii) 40 acres in T. 26 N., R. 21 E., 

18 sec. 12. 

(xlix) 42.38 acres in the NW1 19 ⁄4 of the 

NE1 20 ⁄4 of T. 26 N., R. 22 E., sec. 6. 

(l) 320 acres in the E1 21 ⁄2 of T. 26 N., 

22 R. 22 E., sec. 17. 

(li) 80 acres in the E1⁄2 of the NE1 23 ⁄4

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


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•S 3209 IS

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

2 sec. 30, comprised of— 

(I) 80 acres of the E1 3 ⁄2 of the 

NE1 4 ⁄4; 

(II) 80 acres of the N1 5 ⁄2 of the 

SE1 6 ⁄4; 

(III) 40 acres of the SE1 7 ⁄4 of the 

NW1 8 ⁄4; and 

(IV) 40 acres of the SW1 9 ⁄4 of the 

NE1 10 ⁄4. 

11 (B) DEPARTMENT OF AGRICULTURE PAR12 CELS.—The parcels of approximately 3,519.3 

13 acres of trust land that has been converted to 

14 fee land, judicially foreclosed on, and acquired 

15 by the Department of Agriculture described in 

16 clauses (i) through (iii). 

17 (i) BENJAMIN KIRKALDIE.—640 acres 

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

19 Montana (PMM), comprised of— 

(I) the SW1 20 ⁄4 of sec. 27; 

(II) the NE1 21 ⁄4 of sec. 33; and 

(III) the W1 22 ⁄2 of sec. 34. 

23 (ii) EMMA LAMEBULL.—320 acres in 

the N1 24 ⁄2 of T. 30 N., R. 23 E., sec. 28, 

25 PMM. 


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•S 3209 IS

1 (iii) ALFRED MINUGH.—2,559.3 acres 

2 comprised of— 

3 (I) T. 28 N., R. 24 E., PMM, in4 cluding— 

(aa) the E1⁄2, W1⁄2, E1 5 ⁄2, 

W1⁄2, W1⁄2, NE1⁄4, the E1⁄2, E1 6 ⁄2, 

W1⁄2, W1⁄2, NE1⁄4, the E1⁄2, W1 7 ⁄2, 

NE1⁄4, the W1⁄2, E1⁄2, NE1 8 ⁄4, the 

W1⁄2, E1⁄2, E1⁄2, NE1⁄4, the W1 9 ⁄2, 

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

the SE1 11 ⁄4 of sec. 16; 

12 (bb) all of sec. 21; 

(cc) the S1 13 ⁄2 of sec. 22; and 

(dd) the W1 14 ⁄2 of sec. 27; 

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

16 including— 

(aa) the S1 17 ⁄2 of sec. 1; and 

(bb) the N1 18 ⁄2 of sec. 12; 

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

20 sec. 6, lot 2; 

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

22 including— 

23 (aa) sec. 3, lot 2; 

(bb) the SW1⁄4 of the SW1 24 ⁄4

25 of sec. 4; 


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•S 3209 IS

(cc) the E1⁄2 of the SE1 1 ⁄4 of 

2 sec. 5; 

(dd) the S1⁄2 of the SE1 3 ⁄4 of 

4 sec. 7; and 

(ee) the N1⁄2, N1⁄2, NE1 5 ⁄4 of 

6 sec. 18; and 

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

the NW1⁄4 of the SE1 8 ⁄4 of sec. 31. 

9 (C) GRINNELL LANDS.—The following par10 cels, known as the ‘‘Grinnell Lands’’: 

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

12 E., sec. 11, exterior to Cercla boundary. 

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

14 E., sec. 1, exterior to Cercla boundary, 

15 comprised of— 

16 (I) lots 1 through 12; and 

(II) 160 acres of the SW1 17 ⁄4. 

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

19 E., sec. 2, comprised of— 

20 (I) lots 1 through 12; 

21 (II) 40 acres in each of— 

22 (aa) the SESW; 

23 (bb) the SWSW; 

24 (cc) the NESW; 

25 (dd) the NWSW; and 


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•S 3209 IS

(III) 135.73 acres of the SE1 1 ⁄4. 

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

3 E., sec. 3, comprised of— 

4 (I) lots 5 through 15; and 

(II) 160 acres of the SE1 5 ⁄4. 

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

7 E., sec. 10, comprised of— 

8 (I) lot 5; and 

(II) 80 acres of the N1 9 ⁄2 of the 

NE1 10 ⁄4. 

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

12 E., sec. 12, exterior to Cercla boundary, 

13 comprised of— 

14 (I) lots 14 and 15; and 

(II) 80 acres of the N1 15 ⁄2 of the 

NW1 16 ⁄4. 

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

18 E., sec. 16, comprised of— 

19 (I) lots 9 through 12; and 

(II) 160 acres of the S1 20 ⁄2 of the 

S1 21 ⁄2. 

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

23 E., sec. 17, comprised of— 

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


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•S 3209 IS

(II) 40 acres of the NW1 1 ⁄4 of the 

SE1 2 ⁄4; 

(III) 80 acres of the N1 3 ⁄2 of the 

SW1 4 ⁄4; and 

(IV) 160 acres of the S1 5 ⁄2 of the 

S1 6 ⁄2. 

(ix) 320 acres in the W1 7 ⁄2 of T. 25 N., 

8 R. 24 E., sec. 21, exterior to Cercla bound9 ary. 

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

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

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

13 E., sec. 3, comprised of— 

14 (I) lots 4 through 17; 

15 (II) 40 acres of the NW1⁄4 of the 

SE1 16 ⁄4; and 

(III) 160 acres of the SW1 17 ⁄4. 

18 (xii) 695.44 acres in T. 25 N., R. 25 

19 E., sec. 4, comprised of— 

20 (I) lots 1 through 12; and 

(II) 320 acres of the S1 21 ⁄2. 

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

23 E., sec. 5, comprised of— 

24 (I) lots 1 through 12; and 

(II) 320 acres of the S1 25 ⁄2. 


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•S 3209 IS

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

2 E., sec. 6, exterior to Cercla boundary, 

3 comprised of— 

4 (I) lots 1 through 12; and 

(II) 160 acres of the SE1 5 ⁄4. 

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

7 sec. 8, exterior to Cercla boundary, com8 prised of— 

(I) 320 acres of the N1 9 ⁄2; and 

(II) 160 acres of the SE1 10 ⁄4. 

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

12 sec. 9. 

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

14 E., sec. 10, comprised of— 

15 (I) lots 6 through 10; and 

(II) 80 acres of the W1 16 ⁄2 of the 

NW1 17 ⁄4. 

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

19 E., sec. 22. 

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

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

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

23 E., sec. 25, comprised of— 

24 (I) lots 5 through 10; 

(II) 160 acres of the SW1 25 ⁄4; 


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46 

•S 3209 IS

(III) 40 acres of the SW1 1 ⁄4 of the 

NW1 2 ⁄4; and 

(IV) 80 acres of the W1 3 ⁄2 of the 

SE1 4 ⁄2. 

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

6 E., sec. 26, comprised of— 

7 (I) lots 2 through 5; 

(II) 320 acres of the S1 8 ⁄2; and 

(III) 160 acres of the S1 9 ⁄2 of the 

N1 10 ⁄2. 

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

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

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

14 24 E., sec. 34, comprised of— 

15 (I) lots 5 through 8; 

(II) 160 acres of the E1 16 ⁄2 of the 

E1 17 ⁄2; and 

(III) 40 acres of the SW1 18 ⁄4 of the 

SE1 19 ⁄4. 

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

21 E., sec. 35. 

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

23 sec. 36. 

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

25 sec. 25. 


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•S 3209 IS

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

2 25 E., sec. 26, comprised of lots 6 through 

3 15. 

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

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

6 12. 

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

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

9 12. 

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

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

12 12. 

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

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

15 13. 

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

17 25 E., sec. 31, comprised of— 

18 (I) lots 1 through 4; 

(II) 320 acres of the E1 19 ⁄2; and 

(III) 160 acres of the E1 20 ⁄2 of the 

W1 21 ⁄2. 

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

23 E., sec. 32. 

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

25 E., sec. 33. 


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•S 3209 IS

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

2 E., sec. 34. 

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

4 25 E., sec. 35, comprised of— 

5 (I) lots 5 through 10; 

(II) 80 acres of the N1 6 ⁄2 of the 

SW1 7 ⁄4; 

(III) 160 acres of the NW1 8 ⁄4; and 

(IV) 40 acres of the SW1 9 ⁄4 of the 

SW1 10 ⁄4. 

11 (D) DODSON LAND.— 

12 (i) IN GENERAL.—Subject to clause 

13 (ii), the approximately 2,573.79 acres land 

14 owned by the United States on the north15 east corner of the Reservation and de16 scribed in clause (iii) shall be transferred 

17 by the United States to the Fort Belknap 

18 Indian Community without charge, to be 

19 held in trust by the United States for the 

20 benefit of the Fort Belknap Indian Com21 munity. 

22 (ii) RESTRICTIONS.— 

23 (I) IN GENERAL.—A transfer 

24 under this subparagraph shall not 

25 occur unless and until a cooperative 


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•S 3209 IS

1 agreement has been negotiated among 

2 the Bureau of Reclamation, the Bu3 reau of Indian Affairs, the Fort 

4 Belknap Indian Community, and the 

5 Malta Irrigation District— 

6 (aa) to ensure that the Bu7 reau of Reclamation and any suc8 cessor in interest, including the 

9 Malta Irrigation District, shall 

10 retain adequate rights-of-way to 

11 operate and maintain, consistent 

12 with all applicable laws and any 

13 delivery contracts in effect on the 

14 date of enactment of this Act, 

15 the Milk River Project and facili16 ties of the Milk River Project, in17 cluding the Dodson Diversion 

18 Dam and the Dodson South 

19 Canal within the Dodson land; 

20 (bb) to manage and imple21 ment the planning, design, and 

22 construction activities described 

23 in this section; and 

24 (cc) to agree on the uses to 

25 which the Fort Belknap Indian 


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•S 3209 IS

1 Community may put the land de2 scribed in clause (iii). 

3 (II) MILK RIVER PROJECT.—The 

4 transfer of the Dodson land shall be 

5 subject to— 

6 (aa) the right of ingress and 

7 egress by personnel of the Bu8 reau of Reclamation, the Malta 

9 Irrigation District, and other au10 thorized personnel for Milk River 

11 Project purposes; 

12 (bb) all existing rights-of13 way of record or in use for Milk 

14 River Project facilities and for 

15 access to those facilities for Milk 

16 River Project purposes, as deter17 mined by the Bureau of Reclama18 tion, the Malta Irrigation Dis19 trict, and authorized personnel; 

20 and 

21 (cc) the right of the Bureau 

22 of Reclamation and Malta Irriga23 tion District— 

24 (AA) to seep, flood, and 

25 overflow the transferred land 


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•S 3209 IS

1 for Milk River Project pur2 poses; and 

3 (BB) to prohibit the 

4 construction of permanent 

5 structures on the transferred 

6 land, except as provided for 

7 in the cooperative agreement 

8 to be executed under sub9 section (b)(3)(D)(ii). 

10 (iii) DESCRIPTION OF LAND.—The 

11 Dodson land to be transferred is comprised 

12 of— 

13 (I) 8.42 acres in T. 31 N., R. 25 

14 E. , sec. 13, lot 5; 

15 (II) 342.89 acres in T. 30 N., R. 

16 26 E., sec. 1, comprised of— 

17 (aa) 10.15 acres in lot 10; 

18 (bb) 37.96 acres in lot 11; 

19 (cc) 37.90 acres in the 

NE1⁄4 of the SW1 20 ⁄4; 

21 (dd) 10.06 acres in the 

NW1⁄4 of the NW1 22 ⁄4; 

(ee) 40 acres in the NW1 23 ⁄4

of the SE1 24 ⁄4; 


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•S 3209 IS

1 (ff) 36.76 acres in the 

NW1⁄4 of the SW1 2 ⁄4; 

(gg) 1.09 acres in the SE1 3 ⁄4

of the NW1 4 ⁄4; 

5 (hh) 30.20 acres in the 

SE1⁄4 of the SE1 6 ⁄4; 

(ii) 34.54 acres in the SE1 7 ⁄4

of the SW1 8 ⁄4; 

(jj) 23.30 acres in the SW1 9 ⁄4

of the NE1 10 ⁄4; 

11 (kk) 15.76 acres in the 

SW1⁄4 of the NW1 12 ⁄4; 

(ll) 32.17 acres in the SW1 13 ⁄4

of the SE1 14 ⁄4; and 

(mm) 33 acres in the SW1 15 ⁄4

of the SW1 16 ⁄4; 

17 (III) 15.81 acres in T. 30 N., R. 

18 26 E., sec. 2, comprised of— 

19 (aa) 15.79 acres in the 

NE1⁄4 of the NE1 20 ⁄4; and 

(bb) 0.02 acres in the SE1 21 ⁄4

of the NE1 22 ⁄4; 

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

24 26 E., sec. 17, comprised of— 

25 (aa) 7.72 acres in lot 7; 


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•S 3209 IS

1 (bb) 6.98 acres in lot 8; 

2 (cc) 11.40 acres in lot 9; 

3 (dd) 2.34 acres in lot 10; 

4 (ee) 27.49 acres in lot 11; 

5 (ff) 30.60 acres in lot 12; 

6 (gg) 13.26 acres in lot 13; 

7 and 

8 (hh) 34.22 acres in lot 14; 

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

10 26 E., sec. 18, comprised of— 

11 (aa) 26.64 acres in lot 9; 

12 (bb) 21.16 acres in lot 10; 

13 (cc) 12.12 acres in lot 11; 

14 (dd) 21 acres in lot 13; 

15 (ee) 28.76 acres in lot 14; 

16 (ff) 12.92 acres in the 

NW1⁄4 of the SW1 17 ⁄4; 

18 (gg) 23.80 acres in the 

SE1⁄4 of the SW1 19 ⁄4; and 

(hh) 3.67 acres in the SW1 20 ⁄4

of the SW1 21 ⁄4; 

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

23 26 E., sec. 19, comprised of— 

24 (aa) 27.66 acres in the 

NE1⁄4 of the NE1 25 ⁄4; 


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•S 3209 IS

(bb) 4.67 acres in the NW1 1 ⁄4

of the NE1 2 ⁄4; and 

(cc) 27.97 acres in the SE1 3 ⁄4

of the NE1 4 ⁄4; 

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

6 R. 26 E., sec. 20, comprised of— 

7 (aa) 39.29 acres in lot 2; 

8 (bb) 39.03 acres in lot 3; 

9 (cc) 37.21 acres in lot 4; 

10 (dd) 17.17 acres in the 

NE1⁄4 of the NW1 11 ⁄4; 

(ee) 40 acres in the NE1 12 ⁄4 of 

the SE1 13 ⁄4; 

(ff) 24.34 acres in the NE1 14 ⁄4

of the SW1 15 ⁄4; 

(gg) 8.54 acres in the NW1 16 ⁄4

of the NW1 17 ⁄4; 

18 (hh) 37.20 acres in the 

NW1⁄4 of the SE1 19 ⁄4; 

(ii) 18.94 acres in the SE1 20 ⁄4

of the NW1 21 ⁄4; 

(jj) 40 acres in the SE1 22 ⁄4 of 

the SE1 23 ⁄4; 

24 (kk) 38.65 acres in the 

SW1⁄4 of the NE1 25 ⁄4; 


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•S 3209 IS

(ll) 40 acres in the SW1 1 ⁄4 of 

the NW1 2 ⁄4; and 

(mm) 40 acres in the SW1 3 ⁄4

of the SE1 4 ⁄4; 

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

6 R. 26 E., sec. 21, comprised of— 

7 (aa) 19.29 acres in lot 4; 

8 (bb) 11.12 acres in lot 7; 

9 (cc) 20.08 acres in lot 8; 

10 (dd) 19.11 acres in lot 10; 

11 (ee) 29.72 acres in lot 11; 

12 (ff) 39 acres in lot 12; 

13 (gg) 26.93 acres in lot 13; 

(hh) 40 acres in the NW1 14 ⁄4

of the SW1 15 ⁄4; 

(ii) 40 acres in the SE1 16 ⁄4 of 

the SW1 17 ⁄4; 

(jj) 40 acres in the SW1 18 ⁄4 of 

the SW1 19 ⁄4; and 

(kk) 40 acres in the SW1 20 ⁄4

of the SE1 21 ⁄4; 

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

23 26 E., sec. 22, comprised of— 

24 (aa) 25.87 acres in lot 5; 

25 (bb) 32.01 acres in lot 6; 


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•S 3209 IS

1 (cc) 27.49 acres in lot 7; 

2 and 

3 (dd) 12.68 acres in lot 8; 

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

5 26 E., sec. 26, comprised of— 

6 (aa) 35.32 acres in lot 3; 

7 (bb) 24.34 acres in lot 6; 

(cc) 40 acres in the NW1 8 ⁄4

of the SW1 9 ⁄4; 

10 (dd) 16.60 acres in the 

SE1⁄4 of the SW1 11 ⁄4; 

12 (ee) 24.20 acres in the 

SW1⁄4 of the SE1 13 ⁄4; 

(ff) 0.12 acres in the SE1 14 ⁄4

of the SE1 15 ⁄4; and 

16 (gg) 15.63 acres in the 

SW1⁄4 of the SW1 17 ⁄4; 

18 (XI) 438.99 acres in T. 31 N., 

19 R. 26 E., sec. 27, comprised of— 

20 (aa) 32.05 acres in lot 4; 

21 (bb) 39.32 acres in lot 5; 

22 (cc) 19.89 acres in lot 6; 

23 (dd) 39.97 acres in lot 7; 

24 (ee) 21.75 acres in lot 8; 


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•S 3209 IS

(ff) 40 acres in the NE1 1 ⁄4 of 

the SE1 2 ⁄4; 

(gg) 40 acres in the NE1 3 ⁄4

of the SW1 4 ⁄4; 

(hh) 40 acres in the NW1 5 ⁄4

of the SE1 6 ⁄4; 

(ii) 40 acres in the NW1 7 ⁄4 of 

the SW1 8 ⁄4; 

(jj) 40 acres in the SE1 9 ⁄4 of 

the NW1 10 ⁄4; 

11 (kk) 11.52 acres in the 

SE1⁄4 of the SE1 12 ⁄4; 

(ll) 3.38 acres in the SE1 13 ⁄4

of the SW1 14 ⁄4; 

15 (mm) 33.55 acres in the 

SW1⁄4 of the NW1 16 ⁄4; 

(nn) 7.48 acres in the SW1 17 ⁄4

of the SE1 18 ⁄4; and 

19 (oo) 30.08 acres in the 

SW1⁄4 of the SW1 20 ⁄4; 

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

22 R. 26 E., sec. 28, comprised of— 

23 (aa) 39.97 acres in lot 1; 

24 (bb) 11.63 acres in the 

NE1⁄4 of the NW1 25 ⁄4; 


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•S 3209 IS

1 (cc) 30.76 acres in the 

NE1⁄4 of the SE1 2 ⁄4; 

3 (dd) 34.26 acres in the 

NW1⁄4 of the NE1 4 ⁄4; 

5 (ee) 13.04 acres in the 

NW1⁄4 of the SE1 6 ⁄4; 

(ff) 12.36 acres in the SE1 7 ⁄4

of the NE1 8 ⁄4; 

(gg) 7.29 acres in the SE1 9 ⁄4

of the NE1 10 ⁄4; 

(hh) 2.98 acres in the SE1 11 ⁄4

of the SE1 12 ⁄4; and 

(ii) 17.29 acres in the SW1 13 ⁄4

of the NE1 14 ⁄4; 

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

16 R. 26 E., sec. 29, comprised of— 

17 (aa) 32.97 acres in the 

NE1⁄4 of the NE1 18 ⁄4; and 

19 (bb) 26.37 acres in the 

NW1⁄4 of the NE1 20 ⁄4; 

21 (XIV) 137.63 acres in T. 31 N., 

22 R. 26 E., sec. 35, comprised of— 

23 (aa) 24.59 acres in the 

NE1⁄4 of the NE1 24 ⁄4; 


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•S 3209 IS

1 (bb) 35.52 acres in the 

NE1⁄4 of the SE1 2 ⁄4; 

(cc) 1.54 acres in the NW1 3 ⁄4

of the SE1 4 ⁄4; 

(dd) 7.12 acres in the NW1 5 ⁄4

of the NE1 6 ⁄4; 

(ee) 40 acres in the SE1 7 ⁄4 of 

the NE1 8 ⁄4; 

(ff) 24.20 acres in the SE1 9 ⁄4

of the SE1 10 ⁄4; and 

(gg) 4.66 acres in the SW1 11 ⁄4

of the NE1 12 ⁄4; and 

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

14 26 E., sec. 36, comprised of— 

15 (aa) 15.43 acres in lot 10; 

16 (bb) 30.15 acres in lot 11; 

17 and 

18 (cc) 11.29 acres in the 

SW1⁄4 of the NW1 19 ⁄4. 

20 (4) EXISTING RIGHTS AND USES.— 

21 (A) USES.— 

22 (i) IN GENERAL.—Subject to clause 

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

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

25 on land transferred under paragraph (1), 


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•S 3209 IS

1 as in effect on the date of the transfer, 

2 shall remain in effect until the date on 

3 which the lease, permit, or right-of-way ex4 pires. 

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

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

7 right-of-way requests an earlier termi8 nation of the lease, permit, or right-of-way, 

9 in accordance with existing law. 

10 (B) IMPROVEMENTS.—Any improvements 

11 constituting personal property, as defined by 

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

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

14 property of the holder and shall be removed not 

15 later than 90 days after the date on which the 

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

17 Fort Belknap Indian Community and the hold18 er agree otherwise. 

19 (C) PAYMENTS.—The Secretary shall dis20 burse to the Fort Belknap Indian Community 

21 any amounts that accrue to the United States 

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

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

24 (D) of paragraph (3) from any sale, bonus, roy25 alty, or rental relating to that land in the same 


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•S 3209 IS

1 manner as amounts received from other land 

2 held by the Secretary in trust for the Fort 

3 Belknap Indian Community. 

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

5 land under this subsection— 

6 (A) unless the United States or the Fort 

7 Belknap Indian Community request an addi8 tional survey for the transferred land, the de9 scription of land set forth in this section shall 

10 be controlling; 

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

12 and the Fort Belknap Indian Community shall 

13 jointly provide for the survey of the land, in14 cluding any mining claims; and 

15 (C) the descriptions set forth in this sec16 tion or any survey under subparagraph (B) 

17 shall control the total acreage to be transferred. 

18 (6) DATE OF TRANSFER.— 

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

20 the United States to be held in trust for the 

21 Fort Belknap Indian Community under this 

22 subsection shall take effect immediately on the 

23 issuance of a trust deed, which shall occur as 

24 expeditiously as practicable. 


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•S 3209 IS

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

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

3 10 relating to land described in subparagraph 

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

5 of the land transfers for land described in sub6 paragraph (A) are complete. 

7 (7) TOTAL AMOUNT OF FEDERAL LAND TO BE

8 TRANSFERRED.—The total amount of Federal land, 

9 including the Grinnell land, to be transferred under 

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

11 28,303.5 acres. 

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

13 Reservation that has been or is foreclosed on by the 

14 United States shall be transferred to the United States 

15 to be held in trust for the Fort Belknap Indian Commu16 nity. 

17 (d) FEE LAND EXCHANGES.— 

18 (1) IN GENERAL.—The Secretary shall ex19 change surveyed public land in the State, in compli20 ance with applicable laws (including regulations), for 

21 whole estate, surface, or subsurface rights to fee 

22 land within or adjacent to the Reservation with the 

23 consent of the owner of the rights to the fee land. 

24 (2) VALUE OF EXCHANGED LAND.— 


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•S 3209 IS

1 (A) IN GENERAL.—The Secretary shall en2 sure that the values and rights of public land 

3 and to the fee land to be exchanged under para4 graph (1) are substantially equal. 

5 (B) IMPROVEMENTS.—In determining the 

6 value of a parcel exchanged under paragraph 

7 (1), the Secretary shall take into account the 

8 value or impact of any improvement to the 

9 land. 

10 (C) COMPENSATION.— 

11 (i) IN GENERAL.—If the Secretary de12 termines that, for an exchange under para13 graph (1), the value of the public land is 

14 greater than the value of the fee land, the 

15 Secretary may accept from the owner of 

16 the right to fee land such compensation as 

17 the Secretary determines to be necessary 

18 to compensate for the difference in value. 

19 (ii) DEPOSIT.—The Secretary shall 

20 deposit into the general fund of the Treas21 ury any compensation received under 

22 clause (i). 

23 (e) INDEMNIFICATION.—The United States shall in24 demnify, defend, and hold harmless the Fort Belknap In25 dian Community against any liability, damage, loss, claim, 


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•S 3209 IS

1 demand, action, or expense that arises as a result of a 

2 transfer of land under this section, including claims and 

3 reasonable attorneys fees that arise in connection with— 

4 (1) any act of gross negligence, error, or omis5 sion, or any willful misconduct or other fault, by the 

6 United States in carrying out any activity to clean 

7 up and rehabilitate the land mined or disturbed by 

8 the Landusky and Zortman Mines; 

9 (2) any failure by the United States to comply 

10 with any law (including regulations) of a public or 

11 quasi-public authority with jurisdiction over the 

12 cleanup and rehabilitation described in paragraph 

13 (1); or 

14 (3) any breach of an obligation of the United 

15 States. 

16 (f) IMPACTS ON LOCAL GOVERNMENTS.—The Sec17 retary may, at the discretion of the Secretary, try to en18 sure that land to be exchanged under this section is se19 lected in a manner that minimizes the financial impact 

20 of the exchange on local governments. 

21 (g) WATER RIGHTS.— 

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

23 the applicable transfer of land to the United States 

24 to be held in trust for the Fort Belknap Indian 

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


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•S 3209 IS

1 or fee land transferred under this section is subject 

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

3 transfer, the Fort Belknap Indian Community shall 

4 be the successor in interest with respect to the water 

5 right, in accordance with the terms and conditions 

6 that applied to the predecessor in interest. 

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

8 transferred under this section shall be the basis for 

9 any claim by the Fort Belknap Indian Community 

10 to any new, additional, or supplemental Federal re11 served water right. 

12 (h) TRANSFER OF TITLE.—Title to all land acquired 

13 by the United States under this section shall be trans14 ferred, subject to applicable laws (including regulations), 

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

16 for the Fort Belknap Indian Community, pursuant to such 

17 method of conveyance as the Secretary determines to be 

18 necessary. 

19 (i) JURISDICTION OF GRINNELL LAND.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of Federal law, the Fort Belknap Indian 

22 Community Council shall have jurisdiction over 

23 hunting and fishing and natural resource manage24 ment on the Grinnell land described in subsection 


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•S 3209 IS

1 (b)(3)(C) on the date on which the conditions de2 scribed in paragraph (2) are met. 

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

4 paragraph (1) are that the Fort Belknap Indian 

5 Community Council shall adopt— 

6 (A) hunting and fishing regulations that 

7 grant nontribal members equivalent rights and 

8 privileges to those that nontribal members enjoy 

9 under the hunting and fishing laws (including 

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

11 date of enactment of this Act, including rights 

12 relating to permit fees and bag limits; and 

13 (B) public recreational access regulations 

14 that grant nontribal members equivalent rights 

15 of access for recreational purposes that non16 tribal members enjoy under Federal law (in17 cluding regulations), as in effect on the as of 

18 the date of enactment of this act. 

19 (3) AMENDMENTS.—All regulations promul20 gated by the Fort Belknap Indian Community Coun21 cil under this subsection shall be approved by the 

22 Secretary after providing the State with notice and 

23 an opportunity to comment. 

24 (4) NOTIFICATION AFTER FEDERAL OR STATE

25 AMENDMENT.— 


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•S 3209 IS

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

2 hunting and fishing or recreational access laws 

3 (including regulations) are amended after the 

4 date on which jurisdiction over those laws on 

5 the Grinnell land is transferred to the Fort 

6 Belknap Indian Community Council under this 

7 subsection, the head of the appropriate Federal 

8 or State agency, as applicable, shall promptly 

9 notify the Fort Belknap Indian Community 

10 Council of the amendment. 

11 (B) RESPONSE.— 

12 (i) IN GENERAL.—Not later than 60 

13 days after the date on which notification is 

14 provided to the Fort Belknap Indian Com15 munity Council under subparagraph (A), 

16 the Fort Belknap Indian Community 

17 Council shall amend, subject to approval 

18 by the Secretary, the regulations of the 

19 Fort Belknap Indian Community Council 

20 to comply with the amended law. 

21 (ii) FAILURE TO RESPOND.—If the 

22 Fort Belknap Indian Community Council 

23 fails to comply with clause (i), regulatory 

24 jurisdiction shall revert to the United 

25 States under paragraph (1) until— 


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•S 3209 IS

1 (I) such time as the regulations 

2 of the Fort Belknap Indian Commu3 nity comply with the amended Federal 

4 or State law (including regulations); 

5 and 

6 (II) the date that is not more 

7 than 25 years after the date of enact8 ment of this Act. 

9 (5) REGULATION BY FORT BELKNAP INDIAN

10 COMMUNITY COUNCIL.—Notwithstanding any other 

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

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

13 Indian Community Council, subject to approval by 

14 the Secretary, shall be free to regulate the Grinnell 

15 land according to tribal law. 

16 SEC. 7. LAKE ELWELL. 

17 (a) ALLOCATION OF WATER TO FORT BELKNAP IN18 DIAN COMMUNITY.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 law, the Secretary shall permanently allocate to the 

21 Fort Belknap Indian Community, 20,000 acre-feet 

22 per year of stored water from the water rights of the 

23 Bureau of Reclamation in Lake Elwell (Tiber Res24 ervoir), Lower Marias Unit, Upper Missouri DiviVerDate Mar 15 2010 23:43 May 22, 2012 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 sion, Pick-Sloan Missouri River Basin Program, 

2 Montana, measured— 

3 (A) at the outlet works of the dam; or 

4 (B) at the diversion point from the res5 ervoir. 

6 (2) AGREEMENT.—The Secretary shall offer to 

7 enter into an agreement with the Fort Belknap In8 dian Community— 

9 (A) to establish a procedure for the alloca10 tion under paragraph (1); and 

11 (B) to provide for use or transfer by the 

12 Fort Belknap Indian Community of water 

13 stored in Lake Elwell. 

14 (3) REQUIREMENTS.— 

15 (A) NO INCREASE.—The annual allocation 

16 under paragraph (1) shall not be increased by 

17 year-to-year carry-over storage. 

18 (B) EFFECTIVE DATE.—The initial alloca19 tion under paragraph (1) shall take effect on 

20 the date on which the decree described in sec21 tion 4(c) is approved by the applicable court. 

22 (C) PRIORITY DATE.—The priority date 

23 for the allocation under paragraph (1) shall be 

24 the date decreed by the applicable court under 


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1 section 4(c) for the water rights of the Bureau 

2 of Reclamation for water stored in Lake Elwell. 

3 (D) TERM.—The agreement shall be with4 out limit as to term. 

5 (E) COSTS.— 

6 (i) IN GENERAL.—The Fort Belknap 

7 Indian Community shall not be required to 

8 pay— 

9 (I) water service capital charges 

10 for any water allocated to the Fort 

11 Belknap Indian Community under 

12 this Act and the agreement, regard13 less of whether that water is deliv14 ered— 

15 (aa) for use by the Fort 

16 Belknap Indian Community; or 

17 (bb) under any lease, con18 tract, or agreement the Fort 

19 Belknap Indian Community may 

20 enter into; and 

21 (II) an amount to the United 

22 States for any water allocated to the 

23 Fort Belknap Indian Community 

24 under this Act and the agreement, exVerDate Mar 15 2010 23:43 May 22, 2012 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 cept for each acre-foot of stored water 

2 leased or sold for industrial purposes. 

3 (ii) OTHER PAYMENTS.—For each 

4 acre-foot of stored water leased or sold by 

5 the Fort Belknap Indian Community for 

6 industrial purposes, the Fort Belknap In7 dian Community shall pay annually to the 

8 United States an amount to cover the pro9 portionate share of the annual operation, 

10 maintenance, and replacement costs for the 

11 Lake Elwell storage allocable to the 

12 amount of water for industrial purposes 

13 leased or sold by the Fort Belknap Indian 

14 Community. 

15 (iii) REVIEW.—The annual payments 

16 of the Fort Belknap Indian Community 

17 shall be reviewed and adjusted, as appro18 priate, to reflect the actual operation, 

19 maintenance, and replacement costs for the 

20 Lake Elwell storage facility. 

21 (4) TREATMENT AS COMPONENT OF TRIBAL

22 WATER RIGHTS.— 

23 (A) IN GENERAL.—Except as provided in 

24 subparagraph (B), each annual allocation under 

25 this subsection shall be— 


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1 (i) treated as a component of the trib2 al water rights; and 

3 (ii) administered in accordance with 

4 this Act and the Compact. 

5 (B) EXCEPTION.—Notwithstanding sub6 paragraph (A)(ii), article IV(A)(5)(b)(1)–(3) of 

7 the Compact shall not apply to the annual allo8 cations under this subsection, except to the ex9 tent that the article pertains to the use of water 

10 being limited to a place of use within the Mis11 souri River Basin. 

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

13 subsection alters or diminishes the allocation from 

14 Lake Elwell to the Chippewa Cree Tribe pursuant to 

15 the Chippewa Cree Tribe of the Rocky Boy’s Res16 ervation Indian Reserved Water Rights Settlement 

17 and Water Supply Enhancement Act of 1999 (Pub18 lic Law 106–163; 113 Stat 1778). 

19 (b) USE AND TEMPORARY TRANSFER OF ALLOCA20 TION.— 

21 (1) IN GENERAL.—On approval of the Sec22 retary, subject to the Compact and this Act, the 

23 Fort Belknap Indian Community may use water al24 located by this section for any purpose, including agVerDate Mar 15 2010 23:43 May 22, 2012 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 ricultural, municipal, commercial, industrial, mining, 

2 or recreational purposes, on or off the Reservation. 

3 (2) AGREEMENTS BY THE FORT BELKNAP IN4 DIAN COMMUNITY.—The Fort Belknap Indian Com5 munity may use, lease, contract, exchange, or enter 

6 into other agreements for use of the water allocated 

7 to the Fort Belknap Indian Community under sub8 section (a)(1) if— 

9 (A) the use of water that is the subject of 

10 such an agreement occurs within the Missouri 

11 River Basin; and 

12 (B) the agreement does not permanently 

13 alienate any water allocated to the Fort 

14 Belknap Indian Community under subsection 

15 (a)(1). 

16 (c) WATER TRANSPORT OBLIGATION; DEVELOPMENT

17 AND DELIVERY COSTS.— 

18 (1) WATER TRANSPORT OBLIGATION.— 

19 (A) IN GENERAL.—The Secretary shall 

20 provide assistance with the planning, design, 

21 and construction of the— 

22 (i) Fort Belknap water supply infra23 structure; 

24 (ii) Fort Belknap Indian Irrigation 

25 Rehabilitation Project; 


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1 (iii) restoration of historic irrigation 

2 projects within the boundaries of the Res3 ervation; and 

4 (iv) environmental compliance in the 

5 development and construction of all 

6 projects under this Act. 

7 (B) OBLIGATION TO PROVIDE FACILITY

8 FOR THE TRANSPORT TO RESERVATION.—Ex9 cept as otherwise provided in this Act, the 

10 United States shall have no obligation under 

11 this Act to provide any facility for the transport 

12 to the Reservation or any other location of the 

13 water allocated under this section to the Fort 

14 Belknap Indian Community related to the re15 lease of tribal water rights from Lake Elwell 

16 Dam and Reservoir in accordance with a re17 quest from the Fort Belknap Indian Commu18 nity. 

19 (2) DEVELOPMENT AND DELIVERY COSTS.—Ex20 cept for the use of any part of the Federal contribu21 tions under section 8, the United States is not re22 quired to pay the cost of developing or delivering to 

23 the Reservation any water allocated under this sub24 section. 

25 (3) AUTHORIZATION OF STUDIES.— 


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1 (A) IN GENERAL.—The Secretary, in con2 sultation with the Fort Belknap Indian Com3 munity and the State, shall carry out 1 or more 

4 studies— 

5 (i) to determine the feasibility and de6 sign of a water supply and wastewater 

7 treatment system for the Fort Belknap In8 dian Community; and 

9 (ii) to determine the environmental 

10 impact and ensure environmental compli11 ance in the development and construction 

12 of projects under this Act if the projects 

13 are associated with, affected by, or located 

14 within the same river basin as a Federal 

15 reclamation project that is in existence on 

16 the date of enactment of this Act. 

17 (B) COOPERATIVE AGREEMENT WITH THE

18 STATE AND THE FORT BELKNAP INDIAN COM19 MUNITY.—The Secretary may enter into 1 or 

20 more cooperative agreements with the State and 

21 the Fort Belknap Indian Community to carry 

22 out any study described in subparagraph (A) if 

23 the Secretary determines that the 1 or more co24 operative agreements would be cost-effective 

25 and efficient. 


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1 (C) RECLAMATION LAWS.—No activity car2 ried out under this Act shall be considered to 

3 be a supplemental, additional, or new benefit 

4 under the reclamation laws, including the Rec5 lamation Reform Act of 1982 (43 U.S.C. 390aa 

6 et seq.). 

7 (d) SECTION NOT PRECEDENTIAL.—The provisions 

8 of this section regarding the allocation of water resources 

9 from Lake Elwell to the Fort Belknap Indian Community 

10 shall not be construed as precedent in the litigation or set11 tlement of any other Indian water rights claim. 

12 SEC. 8. MILK RIVER PROJECT. 

13 (a) MILK RIVER PROJECT MODIFICATIONS.— 

14 (1) PROCEDURES.— 

15 (A) IN GENERAL.—The Commissioner of 

16 Reclamation, in consultation with the Assistant 

17 Secretary for Indian Affairs, the Fort Belknap 

18 Indian Community, the Joint Board, and other 

19 affected stakeholders, shall modify the oper20 ating procedures of the Milk River Project as 

21 the Commissioner determines to be necessary to 

22 ensure that the Fresno Reservoir is operated in 

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

24 of the Compact. 


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1 (B) 1946 FRESNO RESERVOIR AGREE2 MENT.— 

3 (i) IN GENERAL.—The Commissioner 

4 shall carry out such actions as the Com5 missioner determines to be necessary to 

6 provide a more equitable accounting of the 

1 7 ⁄7 share of the Fort Belknap Indian Com8 munity to the Fresno Reservoir total quan9 tity of stored water available for use dur10 ing each irrigation season from the waters 

11 of the Milk River and tributaries of the 

12 Milk River, that are impounded and stored 

13 in the Fresno Reservoir under the agree14 ment between the Commissioner and the 

15 Bureau of Indian Affairs relating to the 

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

17 18725, and dated July 8, 1946, taking 

18 into consideration, and fully accounting 

19 for— 

20 (I) the right of the Fort Belknap 

21 Indian Community under the Winters 

22 decision to 645 cfs of water; and 

23 (II) the tribal water rights. 

24 (ii) DOWNSTREAM RELEASE.—Any 

25 water stored on behalf of the Fort Belknap 


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1 Indian Community in the Fresno Reservoir 

2 that is available at the end of each irriga3 tion season shall be released downstream 

4 for storage by the Fort Belknap Indian 

5 Community in the Fort Belknap Reservoir. 

6 (iii) AMENDMENTS.—The Commis7 sioner and the Assistant Secretary for In8 dian Affairs may jointly amend the agree9 ment referred to in clause (i) as the Com10 missioner and the Assistant Secretary de11 termine to be necessary to provide for an 

12 equitable accounting of the share of the 

13 Fort Belknap Indian Community described 

14 in clause (i). 

15 (2) FACILITIES.—The Secretary may make 

16 such modifications to the federally owned facilities of 

17 the Milk River Project as the Secretary determines 

18 to be necessary to satisfy the applicable mitigation 

19 requirements of the Compact. 

20 (b) MILK RIVER COORDINATING COMMITTEE.— 

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

22 through the Commissioner, the Director of the Bu23 reau of Indian Affairs, the Director of the United 

24 States Geological Survey, the Director of the United 

25 States Fish and Wildlife Service, and the Director of 


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1 the Bureau of Land Management, may participate 

2 in the Milk River Coordinating Committee pursuant 

3 to article IV.C of the Compact. 

4 (2) INAPPLICABILITY OF FEDERAL ADVISORY

5 COMMITTEE ACT.—The Federal Advisory Committee 

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

7 River Coordinating Committee. 

8 (3) TECHNICAL SUPPORT.—The Secretary 

9 may— 

10 (A) maintain a publicly accessible database 

11 of diversions from the Milk River made— 

12 (i) pursuant to the Milk River Project; 

13 (ii) under applicable contracts; and 

14 (iii) by the Fort Belknap Indian Com15 munity; and 

16 (B) provide such other technical support as 

17 the Milk River Coordinating Committee may re18 quest, including the maintenance of gages nec19 essary to account for daily diversions from the 

20 Milk River. 

21 (4) COORDINATION OF STORAGE AND RE22 LEASE.—Notwithstanding Article IV.C.11 of the 

23 Compact, the Secretary (acting through the Com24 missioner), and in consultation with the Milk River 

25 Coordinating Committee, may develop an accounting 


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1 for the coordination of storage and release of water 

2 from Federal storage facilities within the federally 

3 owned portion of the Milk River Basin. 

4 (c) MILK RIVER PROJECT MITIGATION.— 

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

6 with the Secretary, the Fort Belknap Indian Com7 munity, the Joint Board, and other affected stake8 holders, shall use funds made available under sub9 sections (d) and (e) to provide grants for projects 

10 for mitigation of the Milk River Project in accord11 ance with— 

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

13 (B) this Act. 

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

15 grant under this subsection, the owner or operator 

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

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

18 manner, and containing such information as the 

19 State may require. 

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

21 delegate any portion of the responsibility of the 

22 State under this subsection to any entity organized 

23 in accordance with applicable Federal and State 

24 laws. 


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1 (4) COMPLIANCE WITH NEPA.—The Secretary 

2 shall ensure that each project that receives Federal 

3 funds under this subsection is carried out in accord4 ance with the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.). 

6 (d) STATE CONTRIBUTIONS.— 

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

8 a State contribution to mitigation of the Milk River 

9 Project— 

10 (A) the difference between— 

11 (i) the amount authorized by the bill 

12 of the Montana House of Representatives 

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

14 and 

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

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

17 (B) any other funds allocated or previously 

18 expended by the State to carry out activities 

19 under subsection (a). 

20 (2) ADDITIONAL CONTRIBUTIONS.—The Sec21 retary shall request that the State provide, in addi22 tion to the amounts described in paragraph (1)— 

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

24 and watershed improvement activities described 

25 in the Compact; and 


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1 (B) an amount equal to $4,000,000 of in2 kind contributions for technical, modeling, and 

3 other services for purposes of identifying, sup4 porting, and enhancing water use and manage5 ment in the Milk River Basin. 

6 (3) TREATMENT OF CONTRIBUTIONS.—A con7 tribution by the State under this subsection shall be 

8 considered to fulfill the obligation of the State under 

9 article VI.B of the Compact. 

10 (4) EXPENDITURE OF FUNDS.—Subject to ap11 plicable State law, amounts provided by the State 

12 under this subsection may be expended at any time 

13 after the date on which funds are provided. 

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

15 each year, the Secretary shall request that the State 

16 submit to the Fort Belknap Indian Community an 

17 accounting of any funds expended by the State 

18 under this subsection during the preceding calendar 

19 year. 

20 (e) FEDERAL CONTRIBUTIONS.— 

21 (1) STATE TRUST ACCOUNT.—The Secretary 

22 shall establish a trust account for the State, con23 sisting of amounts made available by the Secretary 

24 to carry out the mitigation and watershed improve25 ment activities described in the Compact. 


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

2 the date on which funds are appropriated pursuant 

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

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

5 account established under paragraph (1). 

6 (3) ALLOCATIONS.— 

7 (A) INTEREST.—The State may expend 

8 the interest accruing on amounts in the State 

9 trust account under paragraph (1) as the State 

10 determines to be appropriate to fulfill the pur11 poses of the Compact. 

12 (B) PRINCIPAL.—The State shall not ex13 pend the principal amount in the State trust 

14 account until— 

15 (i) the Fort Belknap Indian Commu16 nity has developed, or is in the process of 

17 developing, the tribal water rights in ac18 cordance with the Compact and this Act; 

19 and 

20 (ii) the State, in consultation with the 

21 Secretary, determines that a proposed ex22 penditure of the principal amount is nec23 essary to satisfy mitigation or watershed 

24 improvement obligations under the Com25 pact. 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Sec3 retary to carry out this subsection $5,000,000 for 

4 each of fiscal years 2012 through 2015. 

5 SEC. 9. SETTLEMENT IN SATISFACTION OF CLAIMS. 

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

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

8 Fort Belknap Indian Community against the United 

9 States that is waived and released by the Fort Belknap 

10 Indian Community under subsection (a)(1) and (b) of sec11 tion 10. 

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

13 allottees under this Act shall fully satisfy— 

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

15 States (acting as trustee for the allottees) under sec16 tion 10(a)(2); and 

17 (2) any claims of the allottees against the 

18 United States that are similar to the claims de19 scribed in section 10(b). 

20 (c) NO RECOGNITION OF WATER RIGHTS.—Notwith21 standing subsections (a) and (b) and except as provided 

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

23 any right of a member of the Fort Belknap Indian Com24 munity or an allottee to water in the Reservation. 


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1 SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 

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

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

4 recognition of the tribal water rights and other benefits 

5 provided under the Compact and this Act— 

6 (1) the Fort Belknap Indian Community and 

7 the United States (acting as trustee for the Fort 

8 Belknap Indian Community) shall execute a waiver 

9 and release of all claims for water rights within the 

10 State that the Fort Belknap Indian Community or 

11 the United States (acting as trustee for the Fort 

12 Belknap Community), has asserted or could have as13 serted, in any proceeding, before or on the enforce14 ability date, except to the extent that those rights 

15 are recognized in the Compact or this Act; and 

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

17 allottees) shall execute a waiver and release of all 

18 claims for water rights within the Reservation that 

19 the United States (acting as trustee for the 

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

21 proceeding, before or on the enforceability date, ex22 cept to the extent that those rights are recognized 

23 in the Compact or this Act. 

24 (b) WAIVER AND RELEASE OF CLAIMS AGAINST THE

25 UNITED STATES.— 


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

2 the Fort Belknap Indian Community may execute a 

3 waiver and release of all claims described in para4 graph (2) against the United States (including an 

5 agency or employee of the United States). 

6 (2) DESCRIPTION OF CLAIMS.—The claims re7 ferred to in paragraph (1) are— 

8 (A) any claim for water rights within the 

9 State that the United States (acting as trustee 

10 for the Fort Belknap Indian Community) as11 serted, or could have asserted, in any pro12 ceeding, except to the extent that those rights 

13 are recognized as the tribal water rights in this 

14 Act; 

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

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

17 natural resources due to the loss of water or 

18 water rights in the State that first accrued be19 fore or on the enforceability date, including 

20 claims relating to— 

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

22 fishing, gathering, or cultural rights due to 

23 the loss of water or water rights; 

24 (ii) interference with, diversion or tak25 ing of water; or 


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1 (iii) the failure to protect, acquire, re2 place, or develop water, water rights, or 

3 water infrastructure; 

4 (C) any pending litigation in the State re5 lating to the water rights of the Fort Belknap 

6 Indian Community; and 

7 (D) any claim arising from the negotiation, 

8 execution, or the adoption of— 

9 (i) the Compact; or 

10 (ii) this Act. 

11 (c) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

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

13 on the enforceability date. 

14 (d) ENFORCEABILITY DATE.— 

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

16 be the date on which the Secretary publishes in the 

17 Federal Register a statement of findings that— 

18 (A) the Fort Belknap Indian Community 

19 Council has approved the Compact by submit20 ting this Act and the Compact to a vote by the 

21 tribal membership for approval or disapproval; 

22 (B) the membership of the Fort Belknap 

23 Indian Community has ratified the Compact 

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


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

2 issued a final judgment and decree approving 

3 the Compact; or 

4 (ii) if the Montana Water Court is found 

5 to lack jurisdiction— 

6 (I) the United States district court of 

7 jurisdiction has approved the Compact as a 

8 consent decree; and 

9 (II) the approval under subclause (I) 

10 is considered to be final; 

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

12 under section 11 have been deposited in the ac13 counts identified in section 11(c); and 

14 (ii) the transfer of land under section 6 

15 has been completed; 

16 (E) the Secretary has executed the agree17 ments with the Fort Belknap Indian Commu18 nity as required under this Act; 

19 (F) the State has appropriated and paid 

20 the funds relating to Peoples Creek Reservoir in 

21 accordance with section 11(i); and 

22 (G) the waivers and releases under sub23 sections (a) and (b) have been executed by the 

24 Fort Belknap Indian Community and the Sec25 retary. 


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1 (e) RESERVATION OF RIGHTS AND RETENTION OF

2 CLAIMS.—Notwithstanding the waivers and releases au3 thorized under this section, the Fort Belknap Indian Com4 munity and the United States (acting as trustee for the 

5 Fort Belknap Indian Community and the allottees) re6 tain— 

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

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

9 through any legal and equitable remedies that may 

10 be available in the appropriate Federal or State 

11 court; 

12 (2) all rights to use and protect water rights ac13 quired after the date of enactment of this Act; 

14 (3) all claims relating to activities affecting the 

15 quality of water, including any claims the Fort 

16 Belknap Indian Community might have under— 

17 (A) the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9601 et seq.); 

20 (B) the Safe Drinking Water Act (42 

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

22 (C) the Federal Water Pollution Control 

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


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1 (4) all claims arising under section 12(k) relat2 ing to the enforcement of any Federal, State, or 

3 tribal law (including common law); and 

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

5 and powers not specifically waived and released 

6 under this Act. 

7 (f) TOLLING OF CLAIMS.— 

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

9 limitation and time-based equitable defense relating 

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

11 the period beginning on the date of enactment of 

12 this Act and ending on the date on which the 

13 amounts made available to carry out this Act are 

14 transferred to the Secretary. 

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

16 subsection revives any claim or tolls any period of 

17 limitations or time-based equitable defense that ex18 pired before the date of enactment of this Act. 

19 (g) EXPIRATION AND TOLLING.—If all appropria20 tions authorized by this Act have not been made available 

21 to the Secretary by June 30, 2042— 

22 (1) the waivers authorized in this section 

23 shall— 

24 (A) expire; and 

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


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1 (2) all statutes of limitations applicable to any 

2 claim otherwise waived shall be tolled until June 30, 

3 2042. 

4 SEC. 11. FORT BELKNAP INDIAN COMMUNITY SETTLEMENT 

5 FUND. 

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

7 Treasury a fund, to be known as the ‘‘Fort Belknap In8 dian Community Settlement Fund’’, to be administered by 

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

10 any activities necessary to comply with Federal environ11 mental and cultural resource laws. 

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

13 of such amounts as are deposited in the Fund under sub14 section (j). 

15 (c) ACCOUNTS OF THE FORT BELKNAP INDIAN COM16 MUNITY SETTLEMENT FUND.—The Secretary shall estab17 lish in the Fund— 

18 (1) the Fort Belknap Indian Community Tribal 

19 Land and Water Rehabilitation, Modernization, and 

20 Expansion account, from which principal and inter21 est may be used to pay or reimburse costs incurred 

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

23 Belknap Indian Community for activities relating 

24 to— 


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1 (A) exchanging, transferring, or acquiring 

2 land; 

3 (B) rehabilitating or otherwise improving 

4 existing and historically irrigated land or 

5 projects; 

6 (C) agricultural development; 

7 (D) cultural preservation; 

8 (E) water resources development; and 

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

10 (2) the Fort Belknap Indian Community Water 

11 Resources and Water Rights Administration, Oper12 ation, and Maintenance account, from which only in13 terest earned may be used to pay— 

14 (A) the costs of administering the tribal 

15 water rights, including through— 

16 (i) the development or enactment of a 

17 Tribal Water Code; 

18 (ii) the establishment by the Fort 

19 Belknap Indian Community of a water re20 sources department; and 

21 (iii) the operation by that water re22 sources department (or successor agency); 

23 and 

24 (B) the annual operation and maintenance 

25 costs for tribal and allotted water resources 


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1 projects, including the share of the Fort 

2 Belknap Indian Community of operating and 

3 maintaining the Fresno Reservoir; 

4 (3) the Fort Belknap Indian Community Tribal 

5 Economic Development account, from which prin6 cipal and interest may be used by the Fort Belknap 

7 Indian Community to pay the costs for any activity 

8 the Fort Belknap Indian Community determines to 

9 be necessary to further the economic development of 

10 the Fort Belknap Indian Community; and 

11 (4) the Fort Belknap Indian Community Water 

12 and Wastewater Rehabilitation and Expansion ac13 count, from the which principal and interest may be 

14 used by the Fort Belknap Indian Community to pay 

15 the costs for— 

16 (A) preparation of a feasibility study and 

17 design of a water supply and sewer treatment 

18 system for the Fort Belknap Indian Commu19 nity; 

20 (B) the planning, design, and construction 

21 of a domestic water supply system and related 

22 facilities for tribal communities; 

23 (C) the planning, design, and construction 

24 of a wastewater treatment system and related 

25 facilities for tribal communities; and 


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1 (D) environmental compliance in the devel2 opment and construction of projects under this 

3 Act. 

4 (d) MANAGEMENT OF FUND.— 

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

6 the Fund, including investing and making amounts 

7 available from the Fund for distribution to the Fort 

8 Belknap Indian Community consistent with— 

9 (A) the American Indian Trust Fund Man10 agement Reform Act of 1994 (25 U.S.C. 4001 

11 et seq.); 

12 (B) this Act; and 

13 (C) the Compact. 

14 (2) INVESTMENT OF FORT BELKNAP COMMU15 NITY SETTLEMENT FUND ACCOUNTS.—The Sec16 retary shall invest amounts in the Fund accounts de17 scribed in subsection (c) in accordance with— 

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

19 161); 

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

21 1938 (25 U.S.C. 162a); and 

22 (C) the obligations of Federal corporations 

23 and Federal Government-sponsored entities, the 

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1 ligations of the entities are lawful investments 

2 for Federally managed funds, including— 

3 (i) the obligations of the United 

4 States Postal Service described in section 

5 2005 of title 39, United States Code; 

6 (ii) bonds and other obligations of the 

7 Tennessee Valley Authority described in 

8 section 15d of the Tennessee Valley Au9 thority Act of 1933 (16 U.S.C. 831n–4); 

10 (iii) mortgages, obligations, and other 

11 securities of the Federal Home Loan Mort12 gage Corporation described in section 303 

13 of the Federal Home Loan Mortgage Cor14 poration Act (12 U.S.C. 1452); and 

15 (iv) bonds, notes, and debentures of 

16 the Commodity Credit Corporation de17 scribed in section 4 of the Act of March 8, 

18 1938 (15 U.S.C. 713a–4). 

19 (e) AVAILABILITY OF AMOUNTS.— 

20 (1) IN GENERAL.— 

21 (A) FUNDING.—Except as provided in 

22 paragraph (2), the amounts made available 

23 under this section shall be available for expendi24 ture or withdrawal by the Fort Belknap Indian 


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1 Community without fiscal year limitation begin2 ning on the enforceability date. 

3 (B) OTHER FUNDING.—In addition to 

4 funding specifically made available under this 

5 Act, if the Secretary determines that, for a 

6 given fiscal, a sufficient amount of funding has 

7 not been made available through annual appro8 priations, the Secretary shall expend from the 

9 Reclamation Water Settlements Fund estab10 lished under section 10501 of the Omnibus 

11 Public Land Management Act of 2009 (43 

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

13 pay the Federal share of the costs associated 

14 with the Fund. 

15 (2) EXCEPTION.—The amounts made available 

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

17 for withdrawal by the Fort Belknap Indian Commu18 nity beginning on the date on which the Fort 

19 Belknap Indian Community approves the Compact 

20 as provided in section 4(b). 

21 (f) EXPENDITURES AND WITHDRAWALS.— 

22 (1) TRIBAL MANAGEMENT PLAN.— 

23 (A) IN GENERAL.—The Fort Belknap In24 dian Community may withdraw any portion of 

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1 retary of a tribal management plan in accord2 ance with the American Indian Trust Fund 

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

4 4001 et seq.). 

5 (B) REQUIREMENTS.—In addition to the 

6 requirements under the American Indian Trust 

7 Fund Management Reform Act of 1994 (25 

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

9 plan of the Fort Belknap Indian Community 

10 under subparagraph (A) shall require that the 

11 Fort Belknap Indian Community spend any 

12 amounts withdrawn from the Fund in accord13 ance with the purposes of this Act. 

14 (C) ENFORCEMENT.—The Secretary may 

15 take such judicial and administrative actions as 

16 the Secretary determines to be necessary— 

17 (i) to enforce the tribal management 

18 plan of the Fort Belknap Indian Commu19 nity; and 

20 (ii) to ensure that amounts withdrawn 

21 from the Fund under the plan are used in 

22 accordance with this Act and the Compact. 

23 (D) LIABILITY.—The Secretary and the 

24 Secretary of the Treasury shall not be liable for 

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1 drawn from a Fund by the Fort Belknap In2 dian Community under this subsection. 

3 (2) EXPENDITURE PLAN.— 

4 (A) IN GENERAL.—The Fort Belknap In5 dian Community shall submit to the Secretary 

6 for approval an expenditure plan for any por7 tion of the amounts made available under this 

8 section that the Fort Belknap Indian Commu9 nity does not withdraw to carry out this Act. 

10 (B) DESCRIPTION.—The expenditure plan 

11 shall describe the manner in which, and the 

12 purposes for which, amounts remaining in the 

13 Funds will be used. 

14 (C) APPROVAL.—The Secretary shall ap15 prove an expenditure plan submitted under sub16 paragraph (A) if the Secretary determines that 

17 the plan is reasonable and in accordance with 

18 this Act and the Compact. 

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

20 Compact or the approval by this Act of the Compact 

21 becomes void under section 4(c), all unexpended 

22 funds made available to carry out this Act (including 

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

24 general fund of the Treasury not later than 1 year 


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1 after the expiration of the deadline described in sec2 tion 4(d). 

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

4 Belknap Indian Community shall submit to the Secretary 

5 an annual report that describes all expenditures from the 

6 Fund during the preceding year. 

7 (h) NO PER CAPITA PAYMENTS.—No principal or in8 terest amount in any account established by this Act shall 

9 be distributed to any member of the Fort Belknap Indian 

10 Community on a per capita basis. 

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

12 the cost of design and construction of the Peoples Creek 

13 Reservoir, the Secretary shall request that the State pay 

14 to the general fund of the Treasury $5,000,000, to be de15 posited to the credit of the Fund established by subsection 

16 (c)(1). 

17 (j) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) FORT BELKNAP INDIAN COMMUNITY TRIBAL

19 LAND AND WATER, REHABILITATION, MODERNIZA20 TION, AND EXPANSION ACCOUNT.— 

21 (A) MANDATORY APPROPRIATIONS.—Out 

22 of any funds in the Treasury not otherwise ap23 propriated, the Secretary of the Treasury shall 

24 deposit in the Fort Belknap Indian Community 

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1 ernization, and Expansion account 

2 $134,478,400, adjusted to reflect changes since 

3 February 1, 2012, in construction cost indices 

4 applicable to the types of construction involved 

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

6 (B) AUTHORIZATION OF APPROPRIA7 TIONS.—In addition to amounts made available 

8 under subparagraph (A), there is authorized to 

9 be appropriated for deposit in the Fort Belknap 

10 Indian Community Tribal Land and Water, Re11 habilitation, Modernization, and Expansion ac12 count $105,661,600, adjusted to reflect changes 

13 since February 1, 2012, in construction cost in14 dices applicable to the types of construction in15 volved in the activities described in subsection 

16 (c)(1). 

17 (2) BELKNAP INDIAN COMMUNITY WATER RE18 SOURCES AND WATER RIGHTS ADMINISTRATION, OP19 ERATION, AND MAINTENANCE ACCOUNT.— 

20 (A) MANDATORY APPROPRIATIONS.—Out 

21 of any funds in the Treasury not otherwise ap22 propriated, the Secretary of the Treasury shall 

23 deposit in the Belknap Indian Community 

24 Water Resources and Water Rights Administra25 tion, Operation, and Maintenance account 


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1 $31,186,500, adjusted to reflect changes since 

2 February 1, 2012, in construction cost indices 

3 applicable to the types of construction involved 

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

5 (B) AUTHORIZATION OF APPROPRIA6 TIONS.—In addition to amounts made available 

7 under subparagraph (A1), there is authorized 

8 to be appropriated for deposit in the Belknap 

9 Indian Community Water Resources and Water 

10 Rights Administration, Operation, and Mainte11 nance account $29,963,500, adjusted to reflect 

12 changes since February 1, 2012, in construc13 tion cost indices applicable to the types of con14 struction involved in the activities described in 

15 subsection (c)(2). 

16 (3) FORT BELKNAP INDIAN COMMUNITY TRIBAL

17 ECONOMIC DEVELOPMENT ACCOUNT.— 

18 (A) MANDATORY APPROPRIATIONS.—Out 

19 of any funds in the Treasury not otherwise ap20 propriated, the Secretary of the Treasury shall 

21 deposit in the Fort Belknap Indian Community 

22 Tribal Economic Development account 

23 $55,187,000, adjusted to reflect changes since 

24 October 1, 2011, in construction cost indices 


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1 applicable to the types of construction involved 

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

3 (B) AUTHORIZATION OF APPROPRIA4 TIONS.—In addition to amounts made available 

5 under subparagraph (A), there is authorized to 

6 be appropriated for deposit in the Fort Belknap 

7 Indian Community Tribal Economic Develop8 ment account $45,153,000, adjusted to reflect 

9 changes since October 1, 2011, in construction 

10 cost indices applicable to the types of construc11 tion involved in the activities described in sub12 section (c)(3). 

13 (4) FORT BELKNAP INDIAN COMMUNITY WATER

14 AND WASTEWATER REHABILITATION AND EXPAN15 SION ACCOUNT.— 

16 (A) MANDATORY APPROPRIATIONS.—Out 

17 of any funds in the Treasury not otherwise ap18 propriated, the Secretary of the Treasury shall 

19 deposit in the Fort Belknap Indian Community 

20 Water and Wastewater Rehabilitation and Ex21 pansion account $69,036,800, adjusted to re22 flect changes since October 1, 2011, in con23 struction cost indices applicable to the types of 

24 construction involved in the activities described 

25 in subsection (c)(4). 


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1 (B) AUTHORIZATION OF APPROPRIA2 TIONS.—In addition to amounts made available 

3 under subparagraph (A), there is authorized to 

4 be appropriated for deposit in the Fort Belknap 

5 Indian Community Water and Wastewater Re6 habilitation and Expansion account 

7 $54,243,200, adjusted to reflect changes since 

8 October 1, 2011, in construction cost indices 

9 applicable to the types of construction involved 

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

11 (5) MONTANA MITIGATION FUND.—There is au12 thorized to be appropriated to the State for the es13 tablishment of the Montana Mitigation Fund 

14 $21,000,000 for fiscal year 2013. 

15 (6) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to the Com17 missioner to carry out improvement activities under 

18 this Act $1,100,000 for fiscal year 2013. 

19 (k) RESTRICTION.—Any amounts made available 

20 under this section shall be nonreimbursable. 

21 SEC. 12. ADMINISTRATION. 

22 (a) ELIMINATION OF DEBTS OR LIENS AGAINST AL23 LOTMENTS OF THE FORT BELKNAP INDIAN COMMUNITY

24 MEMBERS.—The Secretary shall cancel and eliminate all 

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


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1 Fort Belknap Indian Community and the members of the 

2 Fort Belknap Indian Community due to construction as3 sessments, annual operation and maintenance charges, 

4 and any other charge that may have been levied relating 

5 to irrigation projects of the Department of the Interior 

6 for the Fort Belknap Indian Community. 

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

8 (1) affects the authority of the Fort Belknap 

9 Indian Community to enforce the laws of the Fort 

10 Belknap Indian Community with respect to environ11 mental protections; 

12 (2) affects, alters, or amends Federal law (in13 cluding regulations), including— 

14 (A) the Federal Water Pollution Control 

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

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

17 300f et seq.); 

18 (C) Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 

20 1980 (42 U.S.C. 9601 et seq.); and 

21 (D) the Solid Waste Disposal Act (42 

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

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

24 take actions acting as trustee for any other Indian 

25 tribe or allottee of any other Indian tribe; 


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1 (4) confers jurisdiction on any State court— 

2 (A) to interpret Federal law regarding 

3 health, safety, or the environment; 

4 (B) to determine the duties of the United 

5 States or other parties pursuant to Federal law 

6 regarding health, safety, or the environment; or 

7 (C) to conduct judicial review of a Federal 

8 agency action; or 

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

10 Belknap Indian Community that does not derive 

11 from a right of the Fort Belknap Indian Commu12 nity. 

13 (c) WAIVER OF SOVEREIGN IMMUNITY BY THE

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

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

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

17 Act waives the sovereign immunity of the United States. 

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

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

20 constitute a major Federal action under the National En21 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

22 (e) ENVIRONMENTAL COMPLIANCE.—In carrying out 

23 the Compact, the Secretary shall comply with— 

24 (1) the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.); 


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

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

3 (3) all other applicable environmental laws (in4 cluding regulations). 

5 (f) ADDITIONAL FUNDING.—Nothing in this Act pro6 hibits the Fort Belknap Indian Community from seek7 ing— 

8 (1) additional funds for tribal programs or pur9 poses; or 

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

11 based on the status of the Fort Belknap Indian 

12 Community as an Indian tribe. 

13 (g) RIGHTS UNDER STATE LAW.—Except as pro14 vided in section 1 of article III of the Compact (relating 

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

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

17 nothing in this Act or the Compact precludes the acquisi18 tion or exercise of a Right Arising Under State Law (as 

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

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

21 a member or allottee of the Fort Belknap Indian Commu22 nity, outside the Reservation by— 

23 (1) purchase of the right; or 

24 (2) submitting to the State an application in 

25 accordance with State law. 


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1 (h) OBJECTIONS IN MONTANA WATER COURT.— 

2 Nothing in this Act or the Compact prohibits the Fort 

3 Belknap Indian Community, a member of the Fort 

4 Belknap Indian Community, an allottee, or the United 

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

6 water right filed in any general stream adjudication in the 

7 Montana Water Court. 

8 (i) INTERFERENCE WITH TRIBAL WATER RIGHTS.— 

9 Nothing in this Act or the Compact prevents the Fort 

10 Belknap Indian Community, a member of the Fort 

11 Belknap Indian Community, an allottee, or the United 

12 States on behalf of the Fort Belknap Indian Community, 

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

14 allottee from filing in a court of competent jurisdiction an 

15 action to prevent any Person or Party (as defined in sec16 tions 29 and 30 of article II of the Compact) from inter17 fering with the enjoyment of the tribal water rights of— 

18 (1) the Fort Belknap Indian Community; 

19 (2) a member of the Fort Belknap Indian Com20 munity; or 

21 (3) an allottee. 

22 (j) WATER STORAGE AND IMPORTATION.—Nothing 

23 in this Act or the Compact prevents the Fort Belknap In24 dian Community from participating in any project to im25 port water to, or improve storage in, the Milk River Basin. 


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1 (k) ENVIRONMENTAL PROTECTION.— 

2 (1) DEFINITION OF LITTLE ROCKY MOUN3 TAINS.—In this subsection, the term ‘‘Little Rocky 

4 Mountains’’ means the mountains that— 

5 (A) form the southern boundary of the 

6 Reservation; and 

7 (B) are sacred and culturally significant to 

8 the Fort Belknap Indian Community. 

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

10 this Act limits— 

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

12 State, or the Fort Belknap Indian Community 

13 to enforce any Federal, State, or tribal law (in14 cluding common law) relating to the protection 

15 of the environment; or 

16 (B) any claim of the Fort Belknap Indian 

17 Community, a member of the Fort Belknap In18 dian Community, or an allottee, or of the 

19 United States on behalf of the Fort Belknap 

20 Indian Community, a member of the Fort 

21 Belknap Indian Community, or an allottee, 

22 for— 

23 (i) damage to water quality caused by 

24 mining activities in the Little Rocky Moun25 tains; or 


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1 (ii) depletion in surface flows or 

2 groundwater on the southern end of the 

3 Reservation. 

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

5 Act establishes any precedent for— 

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

7 (2) the interpretation or administration of any 

8 compact between the United States and the State or 

9 any other State. 

10 (m) ELIGIBILITY FOR OTHER FEDERAL SERVICES.— 

11 No payment made or benefit provided pursuant to this Act 

12 shall result in the reduction or denial of any Federal serv13 ice or program to any Indian tribe, or to any member of 

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

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

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

17 recognized Indian tribe; or 

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

19 (n) LEASES OF ALLOTTED LAND.— 

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

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

22 (A) the Fort Belknap Indian Community; 

23 and 


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1 (B) a tribal farming enterprise or irriga2 tion district approved by the Fort Belknap 

3 Community Council. 

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

5 into a lease or other agreement for the development 

6 of the Fort Belknap Indian Irrigation Project or any 

7 other irrigation project on the Reservation in the 

8 Milk River and Peoples Creek Basins. 

9 (3) APPROVAL.— 

10 (A) IN GENERAL.—Notwithstanding any 

11 other provision of law, the Secretary may ap12 prove a lease or agreement of an eligible lessor 

13 of individually owned allotted land held in trust 

14 or restricted status by the United States for the 

15 Fort Belknap Indian Community if the Sec16 retary determines that— 

17 (i) the owners of a majority of the un18 divided interest in the trust or restricted 

19 land consent to the lease or agreement; 

20 and 

21 (ii) approving the lease or agreement 

22 is in the best interest of the owners of the 

23 trust or restricted land. 

24 (B) EFFECT.—On approval by the Sec25 retary under subparagraph (A), a lease or 


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1 agreement shall be binding, to the same extent 

2 as if all owners of the trust or restricted land 

3 involved had consented to the lease or agree4 ment, on— 

5 (i) each owner of an undivided inter6 est in the trust or restricted land subject 

7 to the lease or agreement (including any 

8 interest owned by an Indian tribe); and 

9 (ii) each other party to the lease or 

10 agreement. 

11 (4) DISTRIBUTION OF PROCEEDS.—The pro12 ceeds derived from a lease or agreement approved by 

13 the Secretary under paragraph (3) shall be distrib14 uted to each owner of land subject to the lease or 

15 agreement, in proportion to the interest owned by 

16 the owner. 

17 (5) EXECUTION OF LEASE OR AGREEMENT BY

18 SECRETARY.—The Secretary may execute a lease or 

19 agreement that affects individually owned trust or 

20 restricted land on behalf of an owner of the land 

21 if— 

22 (A) the owner is— 

23 (i) a member of an Indian tribe; and 

24 (ii) deceased; and 


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1 (B)(i) the heirs to, or devisees of, the in2 terest of the owner have not been determined; 

3 or 

4 (ii) the heirs or devisees referred to in 

5 clause (i) have been determined, but 1 or more 

6 of the heirs or devisees cannot be located. 

7 (6) RESERVED RIGHTS-OF-WAY.— 

8 (A) IN GENERAL.—The United States, act9 ing as trustee for the Fort Belknap Indian 

10 Community, shall reserve from the individually 

11 owned allotted land rights-of-way on that land 

12 for irrigation purposes carried out under this 

13 Act and according to the Tribal Water Code. 

14 (B) USE.—The rights-of-way retained 

15 under subparagraph (A) shall be granted to a 

16 tribal farming enterprise or irrigation district if 

17 the tribal farming enterprise or irrigation dis18 trict is— 

19 (i) formed for the purpose of irriga20 tion or drainage; and 

21 (ii) approved by the Fort Belknap 

22 Community Council. 

23 (C) COMPENSATION FOR RIGHTS-OF-WAY

24 ON INDIVIDUALLY OWNED ALLOTTED LANDS.— 

25 The Fort Belknap Indian Community shall pay 


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1 just compensation, including severance dam2 ages, to the individual owners of allotted land 

3 from which rights-of-way are reserved under 

4 this paragraph, except that the compensation 

5 shall not apply to any lease entered into under 

6 this section. 

7 (7) PUBLIC AUCTION OR ADVERTISED SALE

8 NOT REQUIRED.— 

9 (A) IN GENERAL.—It shall not be a re10 quirement for the approval or execution of a 

11 lease or agreement under this subsection that 

12 the lease or agreement be offered for sale 

13 through a public auction or advertised sale. 

14 (B) EFFECT ON OTHER LAW.—To the ex15 tent provided under subparagraph (A), the Act 

16 of March 3, 1909 (35 Stat. 781, chapter 263) 

17 shall not apply to this subsection. 

18 (o) CONFLICT OF PROVISIONS.—If any provision of 

19 this Act conflicts with a provision of the Compact, the pro20 vision of this Act shall prevail. 

21 SEC. 13. ANTIDEFICIENCY. 

22 The United States shall not be liable for any failure 

23 to carry out any obligation or activity authorized by this 

24 Act (including any obligation or activity under the Com25 pact) if adequate appropriations are not provided exVerDate Mar 15 2010 23:43 May 22, 2012 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S3209.IS S3209

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1 pressly by Congress to carry out the purposes of this Act 

2 in— 

3 (1) the Reclamation Water Settlements Fund 

4 established under section 10501 of the Omnibus 

5 Public Land Management Act of 2009 (43 U.S.C. 

6 407); or 

7 (2) the Emergency Fund for Indian Safety and 

8 Health established by section 601(a) of the Tom 

9 Lantos and Henry J. Hyde United States Global 

10 Leadership Against HIV/AIDS, Tuberculosis, and 

11 Malaria Reauthorization Act of 2008 (25 U.S.C. 

12 443c(a)). 

Æ 


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