I 

114TH CONGRESS 

2D SESSION H. R. 5633 

To authorize and implement the water rights compact among the Blackfeet 

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

the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 6, 2016 

Mr. ZINKE introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To authorize and implement the water rights compact among 

the Blackfeet Tribe of the Blackfeet Indian Reservation, 

the State of Montana, and the United States, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Rights Settlement Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 5633 IH

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

4 (A) the Blackfeet Tribe of the Blackfeet 

5 Indian Reservation; and 

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

7 the Tribe and allottees; 

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

9 rights compact entered into by the Tribe and the 

10 State, to the extent that the Compact is consistent 

11 with this Act; 

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

13 Interior— 

14 (A) to execute the Compact; and 

15 (B) to take any other action necessary to 

16 carry out the Compact in accordance with this 

17 Act; and 

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

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

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

23 any individual who holds a beneficial real property 

24 interest in an allotment of Indian land that is— 

25 (A) located within the Reservation; and 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 5633 IH

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

2 (2) BIRCH CREEK AGREEMENT.—The term 

3 ‘‘Birch Creek Agreement’’ means— 

4 (A) the agreement between the Tribe and 

5 the State regarding Birch Creek water use 

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

8 (B) any amendment or exhibit (including 

9 exhibit amendments) to that agreement that is 

10 executed in accordance with this Act. 

11 (3) BLACKFEET IRRIGATION PROJECT.—The 

12 term ‘‘Blackfeet Irrigation Project’’ means the irri13 gation project authorized by the matter under the 

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

15 1, 1907 (34 Stat. 1035, chapter 2285), and admin16 istered by the Bureau of Indian Affairs. 

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

18 (A) the Blackfeet-Montana water rights 

19 compact dated April 15, 2009, as contained in 

20 section 85–20–1501 of the Montana Code An21 notated (2015); and 

22 (B) any amendment or exhibit (including 

23 exhibit amendments) to the Compact that is ex24 ecuted to make the Compact consistent with 

25 this Act. 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 5633 IH

1 (5) ENFORCEABILITY DATE.—The term ‘‘en2 forceability date’’ means the date described in sec3 tion 20(f). 

4 (6) LAKE ELWELL.—The term ‘‘Lake Elwell’’ 

5 means the water impounded on the Marias River in 

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

7 Marias Unit of the Pick-Sloan Missouri River Basin 

8 Program authorized by section 9 of the Act of De9 cember 22, 1944 (commonly known as the ‘‘Flood 

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

11 (7) MILK RIVER BASIN.—The term ‘‘Milk River 

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

13 Fork, and main stem of the Milk River and tribu14 taries, from the headwaters to the confluence with 

15 the Missouri River. 

16 (8) MILK RIVER PROJECT.— 

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

18 Project’’ means the Bureau of Reclamation 

19 project conditionally approved by the Secretary 

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

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

22 commencing at Lake Sherburne Reservoir and 

23 providing water to a point approximately 6 

24 miles east of Nashua, Montana. 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 5633 IH

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

2 Project’’ includes— 

3 (i) the St. Mary Unit; 

4 (ii) the Fresno Dam and Reservoir; 

5 and 

6 (iii) the Dodson pumping unit. 

7 (9) MILK RIVER PROJECT WATER RIGHTS.— 

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

9 the water rights held by the Bureau of Reclamation 

10 on behalf of the Milk River Project, as finally adju11 dicated by the Montana Water Court. 

12 (10) MILK RIVER WATER RIGHT.—The term 

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

14 Tribal water rights described in article III.F of the 

15 Compact and this Act. 

16 (11) MISSOURI RIVER BASIN.—The term ‘‘Mis17 souri River Basin’’ means the hydrologic basin of 

18 the Missouri River (including tributaries). 

19 (12) MR&I SYSTEM.—The term ‘‘MR&I Sys20 tem’’ means the intake, treatment, pumping, stor21 age, pipelines, appurtenant items, and any other fea22 ture of the system, as generally described in the doc23 ument entitled ‘‘Blackfeet Regional Water System’’, 

24 prepared by DOWL HKM, and dated June 2010, 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 5633 IH

1 and modified by DOWL HKM, as set out in the ad2 dendum to the report dated March 2013. 

3 (13) OM&R.—The term ‘‘OM&R’’ means— 

4 (A) any recurring or ongoing activity asso5 ciated with the day-to-day operation of a 

6 project; 

7 (B) any activity relating to scheduled or 

8 unscheduled maintenance of a project; and 

9 (C) any activity relating to replacing a fea10 ture of a project. 

11 (14) RESERVATION.—The term ‘‘Reservation’’ 

12 means the Blackfeet Indian Reservation of Montana, 

13 as— 

14 (A) established by the Treaty of October 

15 17, 1855 (11 Stat. 657); and 

16 (B) modified by— 

17 (i) the Executive order of July 5, 

18 1873 (relating to the Blackfeet Reserve); 

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

20 Stat. 28, chapter 96); 

21 (iii) the Executive order of August 19, 

22 1874 (relating to the Blackfeet Reserve); 

23 (iv) the Executive order of April 13, 

24 1875 (relating to the Blackfeet Reserve); 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 5633 IH

1 (v) the Executive order of July 13, 

2 1880 (relating to the Blackfeet Reserve); 

3 (vi) the Agreement with the Blackfeet, 

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

5 Stat. 113, chapter 213); and 

6 (vii) the Agreement with the Black7 feet, ratified by the Act of June 10, 1896 

8 (29 Stat. 353, chapter 398). 

9 (15) ST. MARY RIVER WATER RIGHT.—The 

10 term ‘‘St. Mary River water right’’ means that por11 tion of the Tribal water rights described in article 

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

13 (16) ST. MARY UNIT.— 

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

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

16 Milk River Project authorized by Congress on 

17 March 25, 1905. 

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

19 Unit’’ includes— 

20 (i) Sherburne Dam and Reservoir; 

21 (ii) Swift Current Creek Dike; 

22 (iii) Lower St. Mary Lake; 

23 (iv) St. Mary Canal Diversion Dam; 

24 and 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 5633 IH

1 (v) St. Mary Canal and appur2 tenances. 

3 (17) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of the Interior. 

5 (18) STATE.—The term ‘‘State’’ means the 

6 State of Montana. 

7 (19) SWIFTCURRENT CREEK BANK STABILIZA8 TION PROJECT.—The term ‘‘Swiftcurrent Creek 

9 Bank Stabilization Project’’ means the project to 

10 mitigate the physical and environmental problems 

11 associated with the St. Mary Unit from Sherburne 

12 Dam to the St. Mary River, as described in the re13 port entitled ‘‘Boulder/Swiftcurrent Creek Stabiliza14 tion Project, Phase II Investigations Report’’, pre15 pared by DOWL HKM, and dated March 2012. 

16 (20) TRIBAL WATER RIGHTS.—The term ‘‘Trib17 al water rights’’ means the water rights of the Tribe 

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

19 including— 

20 (A) the Lake Elwell allocation provided to 

21 the Tribe under section 9; and 

22 (B) the instream flow water rights de23 scribed in section 19. 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 5633 IH

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

2 Blackfeet Tribe of the Blackfeet Indian Reservation 

3 of Montana. 

4 SEC. 4. RATIFICATION OF COMPACT. 

5 (a) RATIFICATION.— 

6 (1) IN GENERAL.—As modified by this Act, the 

7 Compact is authorized, ratified, and confirmed. 

8 (2) AMENDMENTS.—Any amendment to the 

9 Compact is authorized, ratified, and confirmed, to 

10 the extent that such amendment is executed to make 

11 the Compact consistent with this Act. 

12 (b) EXECUTION.— 

13 (1) IN GENERAL.—To the extent that the Com14 pact does not conflict with this Act, the Secretary 

15 shall execute the Compact, including all exhibits to, 

16 or parts of, the Compact requiring the signature of 

17 the Secretary. 

18 (2) MODIFICATIONS.—Nothing in this Act pre19 cludes the Secretary from approving any modifica20 tion to an appendix or exhibit to the Compact that 

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

22 modification does not otherwise require congres23 sional approval under section 2116 of the Revised 

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

25 provision of Federal law. 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

•HR 5633 IH

1 (c) ENVIRONMENTAL COMPLIANCE.— 

2 (1) IN GENERAL.—In implementing the Com3 pact and this Act, the Secretary shall comply with 

4 all applicable provisions of— 

5 (A) the Endangered Species Act of 1973 

6 (16 U.S.C. 1531 et seq.); 

7 (B) the National Environmental Policy Act 

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

9 (C) all other applicable environmental laws 

10 and regulations. 

11 (2) EFFECT OF EXECUTION.— 

12 (A) IN GENERAL.—The execution of the 

13 Compact by the Secretary under this section 

14 shall not constitute a major Federal action for 

15 purposes of the National Environmental Policy 

16 Act of 1969 (42 U.S.C. 4321 et seq.). 

17 (B) COMPLIANCE.—The Secretary shall 

18 carry out all Federal compliance activities nec19 essary to implement the Compact and this Act. 

20 SEC. 5. MILK RIVER WATER RIGHT. 

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

22 water right, the Tribe— 

23 (1) may continue the historical uses and the 

24 uses in existence on the date of enactment of this 

25 Act; and 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•HR 5633 IH

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

2 Compact, shall not develop new uses until the date 

3 on which— 

4 (A) the Tribe has entered into the agree5 ment described in subsection (c); or 

6 (B) the Secretary has established the 

7 terms and conditions described in subsection 

8 (e). 

9 (b) WATER RIGHTS ARISING UNDER STATE LAW.— 

10 With respect to any water rights arising under State law 

11 in the Milk River Basin owned or acquired by the Tribe, 

12 the Tribe— 

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

14 date of enactment of this Act; and 

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

16 which— 

17 (A) the Tribe has entered into the agree18 ment described in subsection (c); or 

19 (B) the Secretary has established the 

20 terms and conditions described in subsection 

21 (e). 

22 (c) TRIBAL AGREEMENT.— 

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

24 Commissioner of Reclamation and the Director of 

25 the Bureau of Indian Affairs, the Tribe and the 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•HR 5633 IH

1 Fort Belknap Indian Community shall enter into an 

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

4 the Tribe and the Fort Belknap Indian Community 

5 in the Milk River. 

6 (2) CONSIDERATIONS.—The agreement entered 

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

9 (A) the equal priority dates of the 2 Indian 

10 tribes; 

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

12 and 

13 (C) historical, current, and future uses 

14 identified by each Indian tribe. 

15 (d) SECRETARIAL DETERMINATION.— 

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

17 after the date on which the agreement described in 

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

20 agreement. 

21 (2) APPROVAL.—The Secretary shall approve 

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

24 (A) equitably accommodates the interests 

25 of each Indian tribe in the Milk River; 


SSpencer on DSK4SPTVN1PROD with BILLS
13 

•HR 5633 IH

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

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

5 (3) DEADLINE EXTENSION.—The deadline to 

6 review the agreement described in paragraph (1) 

7 may be extended by the Secretary after consultation 

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

10 (e) SECRETARIAL DECISION.— 

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

12 Belknap Indian Community do not, by 3 years after 

13 the Secretary certifies under section 20(f)(5) that 

14 the Tribal membership has approved the Compact 

15 and this Act, enter into an agreement approved 

16 under subsection d(2), the Secretary, in the Sec17 retary’s sole discretion, shall establish, after con18 sultation with the Tribe and the Fort Belknap In19 dian Community, terms and conditions that reflect 

20 the considerations described in subsection (c)(2) by 

21 which the respective water rights of the Tribe and 

22 the Fort Belknap Indian Community in the Milk 

23 River may be exercised. 

24 (2) CONSIDERATION AS FINAL AGENCY AC25 TION.—The establishment by the Secretary of terms 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•HR 5633 IH

1 and conditions under paragraph (1) shall be consid2 ered to be a final agency action for purposes of re3 view under chapter 7 of title 5, United States Code. 

4 (3) JUDICIAL REVIEW.—An action for judicial 

5 review pursuant to this section shall be brought by 

6 not later than the date that is 1 year after the date 

7 of notification of the establishment of the terms and 

8 conditions under this subsection. 

9 (4) INCORPORATION INTO DECREES.—The 

10 agreement under subsection (c), or the decision of 

11 the Secretary under this subsection, shall be filed 

12 with the Montana Water Court, or the district court 

13 with jurisdiction, for incorporation into the final de14 crees of the Tribe and the Fort Belknap Indian 

15 Community. 

16 (5) EFFECTIVE DATE.—The agreement under 

17 subsection (c) and a decision of the Secretary under 

18 this subsection— 

19 (A) shall be effective immediately; and 

20 (B) may not be modified absent— 

21 (i) the approval of the Secretary; and 

22 (ii) the consent of the Tribe and the 

23 Fort Belknap Indian Community. 

24 (f) USE OF FUNDS.—The Secretary shall distribute 

25 equally the funds made available under section 


SSpencer on DSK4SPTVN1PROD with BILLS
15 

•HR 5633 IH

1 18(a)(2)(C)(ii) to the Tribe and the Fort Belknap Indian 

2 Community to use to reach an agreement under this sec3 tion, including for technical analyses and legal and other 

4 related efforts. 

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

6 (a) IN GENERAL.—Subject to the availability of ap7 propriations, the Secretary, acting through the Commis8 sioner of Reclamation, shall carry out the activities au9 thorized under this section with respect to the St. Mary 

10 River water right. 

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

12 the Compact, any responsibility of the United States with 

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

14 to, and fulfilled pursuant to— 

15 (1) subsection (c) of this section; and 

16 (2) subsection (b)(3) of section 16 and sub17 section (a)(1)(C) of section 18. 

18 (c) WATER DELIVERY CONTRACT.— 

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

20 after the enforceability date, the Secretary shall 

21 enter into a water delivery contract with the Tribe 

22 for the delivery of not greater than 5,000 acre-feet 

23 per year of the St. Mary River water right through 

24 Milk River Project facilities to the Tribe or another 

25 entity specified by the Tribe. 


SSpencer on DSK4SPTVN1PROD with BILLS
16 

•HR 5633 IH

1 (2) TERMS AND CONDITIONS.—The contract 

2 under paragraph (1) shall establish the terms and 

3 conditions for the water deliveries described in para4 graph (1) in accordance with the Compact and this 

5 Act. 

6 (3) REQUIREMENTS.—The water delivery con7 tract under paragraph (1) shall include provisions 

8 requiring that— 

9 (A) the contract shall be without limit as 

10 to term; 

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

12 shall collect, and shall be entitled to, all consid13 eration due to the Tribe under any lease, con14 tract, or agreement entered into by the Tribe 

15 pursuant to subsection (f); 

16 (C) the United States shall have no obliga17 tion to monitor, administer, or account for— 

18 (i) any funds received by the Tribe as 

19 consideration under any lease, contract, or 

20 agreement entered into by the Tribe pursu21 ant to subsection (f); or 

22 (ii) the expenditure of such funds; 

23 (D) if water deliveries under the contract 

24 are interrupted for an extended period of time 

25 because of damage to, or a reduction in the caVerDate Sep 11 2014 00:31 Jul 08, 2016 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5633.IH H5633

SSpencer on DSK4SPTVN1PROD with BILLS
17 

•HR 5633 IH

1 pacity of, St. Mary Unit facilities, the rights of 

2 the Tribe shall be treated in the same manner 

3 as the rights of other contractors receiving 

4 water deliveries through the Milk River Project 

5 with respect to the water delivered under this 

6 section; 

7 (E) deliveries of water under this section 

8 shall be— 

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

10 acre-feet of water in any 1 year; 

11 (ii) consistent with operations of the 

12 Milk River Project and without additional 

13 costs to the Bureau of Reclamation, in14 cluding operation, maintenance, and re15 placement costs; and 

16 (iii) without additional cost to the 

17 Milk River Project water users; and 

18 (F) the Tribe shall be required to pay 

19 OM&R for water delivered under this section. 

20 (d) SHORTAGE SHARING OR REDUCTION.— 

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

22 of water delivered under paragraph (3)(E)(i) of sub23 section (c) shall not be subject to shortage sharing 

24 or reduction, except as provided in paragraph (3)(D) 

25 of that subsection. 


SSpencer on DSK4SPTVN1PROD with BILLS
18 

•HR 5633 IH

1 (2) NO INJURY TO MILK RIVER PROJECT

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

3 the Compact, any reduction in the Milk River 

4 Project water supply caused by the delivery of water 

5 under subsection (c) shall not constitute injury to 

6 Milk River Project water users. 

7 (e) SUBSEQUENT CONTRACTS.— 

8 (1) IN GENERAL.—As part of the studies au9 thorized by section 7(c)(1), the Secretary, acting 

10 through the Commissioner of Reclamation, and in 

11 cooperation with the Tribe, shall identify alternatives 

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

13 River water right in quantities greater than the 

14 5,000 acre-feet per year of water described in sub15 section (c)(3)(E)(i). 

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

17 Secretary determines under paragraph (1) that more 

18 than 5,000 acre-feet per year of the St. Mary River 

19 water right can be delivered to the Tribe, the Sec20 retary shall offer to enter into 1 or more contracts 

21 with the Tribe for the delivery of that water, subject 

22 to the requirements of subsection (c)(3), except sub23 section (c)(3)(E)(i), and this subsection. 

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

25 this subsection shall be subject to reduction in the 


SSpencer on DSK4SPTVN1PROD with BILLS
19 

•HR 5633 IH

1 same manner as for Milk River Project contract 

2 holders. 

3 (f) SUBCONTRACTS.— 

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

5 any subcontract for the delivery of water under this 

6 section to a third party, in accordance with section 

7 15(e). 

8 (2) COMPLIANCE WITH OTHER LAW.—All sub9 contracts described in paragraph (1) shall comply 

10 with— 

11 (A) this Act; 

12 (B) the Compact; 

13 (C) the tribal water code; and 

14 (D) other applicable law. 

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

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

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

18 lease, contract, or other agreement entered into pur19 suant to this subsection. 

20 (g) EFFECT OF PROVISIONS.—Nothing in this sec21 tion— 

22 (1) precludes the Tribe from taking the water 

23 described in subsection (c)(3)(E)(i), or any addi24 tional water provided under subsection (e), from the 

25 direct flow of the St. Mary River; or 


SSpencer on DSK4SPTVN1PROD with BILLS
20 

•HR 5633 IH

1 (2) modifies the quantity of the Tribal water 

2 rights described in article III.G.1. of the Compact. 

3 (h) OTHER RIGHTS.—Notwithstanding the require4 ments of article III.G.1.d of the Compact, after satisfac5 tion of all water rights under State law for use of St. Mary 

6 River water, including the Milk River Project water rights, 

7 the Tribe shall have the right to the remaining portion 

8 of the share of the United States in the St. Mary River 

9 under the International Boundary Waters Treaty of 1909 

10 (36 Stat. 2448) for any tribally authorized use or need 

11 consistent with this Act. 

12 SEC. 7. BUREAU OF RECLAMATION ACTIVITIES TO IM13 PROVE WATER MANAGEMENT. 

14 (a) MILK RIVER PROJECT PURPOSES.—The pur15 poses of the Milk River Project shall include— 

16 (1) irrigation; 

17 (2) flood control; 

18 (3) the protection of fish and wildlife; 

19 (4) recreation; 

20 (5) the provision of municipal, rural, and indus21 trial water supply; and 

22 (6) hydroelectric power generation. 

23 (b) USE OF MILK RIVER PROJECT FACILITIES FOR

24 THE BENEFIT OF TRIBE.—The use of Milk River Project 

25 facilities to transport water for the Tribe pursuant to subVerDate Sep 11 2014 00:31 Jul 08, 2016 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5633.IH H5633

SSpencer on DSK4SPTVN1PROD with BILLS
21 

•HR 5633 IH

1 sections (c) and (e) of section 6, together with any use 

2 by the Tribe of that water in accordance with this Act— 

3 (1) shall be considered to be an authorized pur4 pose of the Milk River Project; and 

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

6 Tribal water rights. 

7 (c) ST. MARY RIVER STUDIES.— 

8 (1) IN GENERAL.—Subject to the availability of 

9 appropriations, the Secretary, in cooperation with 

10 the Tribe and the State, shall conduct— 

11 (A) an appraisal study— 

12 (i) to develop a plan for the manage13 ment and development of water supplies in 

14 the St. Mary River Basin and Milk River 

15 Basin, including the St. Mary River and 

16 Milk River water supplies for the Tribe 

17 and the Milk River water supplies for the 

18 Fort Belknap Indian Community; and 

19 (ii) to identify alternatives to develop 

20 additional water of the St. Mary River for 

21 the Tribe; and 

22 (B) a feasibility study— 

23 (i) using the information resulting 

24 from the appraisal study conducted under 

25 paragraph (1) and such other information 


SSpencer on DSK4SPTVN1PROD with BILLS
22 

•HR 5633 IH

1 as is relevant, to evaluate the feasibility 

2 of— 

3 (I) alternatives for the rehabilita4 tion of the St. Mary Diversion Dam 

5 and Canal; and 

6 (II) increased storage in Fresno 

7 Dam and Reservoir; and 

8 (ii) to create a cost allocation study 

9 that is based on the authorized purposes 

10 described in subsections (a) and (b). 

11 (2) COOPERATIVE AGREEMENT.—On request of 

12 the Tribe, the Secretary shall enter into a coopera13 tive agreement with the Tribe with respect to the 

14 portion of the appraisal study described in para15 graph (1)(A). 

16 (3) COSTS NONREIMBURSABLE.—The cost of 

17 the studies under this subsection shall not be— 

18 (A) considered to be a cost of the Milk 

19 River Project; or 

20 (B) reimbursable in accordance with the 

21 reclamation laws. 

22 (d) SWIFTCURRENT CREEK BANK STABILIZATION.— 

23 (1) IN GENERAL.—Subject to the availability of 

24 appropriations, the Secretary, acting through the 

25 Commissioner of Reclamation, shall carry out approVerDate Sep 11 2014 00:31 Jul 08, 2016 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5633.IH H5633

SSpencer on DSK4SPTVN1PROD with BILLS
23 

•HR 5633 IH

1 priate activities concerning the Swiftcurrent Creek 

2 Bank Stabilization Project, including— 

3 (A) a review of the final project design; 

4 and 

5 (B) value engineering analyses. 

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

7 beginning construction activities for the Swiftcurrent 

8 Creek Bank Stabilization Project, on the basis of the 

9 review conducted under paragraph (1), the Secretary 

10 shall negotiate with the Tribe appropriate changes, 

11 if any, to the final design— 

12 (A) to ensure compliance with applicable 

13 industry standards; 

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

15 Swiftcurrent Creek Bank Stabilization Project; 

16 and 

17 (C) to ensure that the Swiftcurrent Creek 

18 Bank Stabilization Project may be constructed 

19 using only the amounts made available under 

20 section 18. 

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

22 of the Tribe, and in accordance with the Indian Self23 Determination and Education Assistance Act (25 

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


SSpencer on DSK4SPTVN1PROD with BILLS
24 

•HR 5633 IH

1 or more agreements with the Tribe to carry out the 

2 Swiftcurrent Bank Stabilization Project. 

3 (e) ADMINISTRATION.—The Commissioner of Rec4 lamation and the Tribe shall negotiate the cost of any 

5 oversight activity carried out by the Bureau of Reclama6 tion under any agreement entered into under this section, 

7 subject to the condition that the total cost for the over8 sight shall not exceed 4 percent of the total costs incurred 

9 under this section. 

10 (f) MILK RIVER PROJECT RIGHTS-OF-WAY AND

11 EASEMENTS.— 

12 (1) IN GENERAL.—Subject to paragraphs (2) 

13 and (3), the Tribe shall grant the United States a 

14 right-of-way on Reservation land owned by the Tribe 

15 for all uses by the Milk River Project (permissive or 

16 otherwise) in existence as of December 31, 2015, in17 cluding all facilities, flowage easements, and access 

18 easements necessary for the operation and mainte19 nance of the Milk River Project. 

20 (2) AGREEMENT REGARDING EXISTING USES.— 

21 The Tribe and the Secretary shall enter into an 

22 agreement for a process to determine the location, 

23 nature, and extent of the existing uses referenced in 

24 this subsection. The agreement shall require that— 


SSpencer on DSK4SPTVN1PROD with BILLS
25 

•HR 5633 IH

1 (A) a panel of three individuals determine 

2 the location, nature, and extent of existing uses 

3 necessary for the operation and maintenance of 

4 the Milk River Project (the ‘‘Panel Determina5 tion’’), with the Tribe appointing one represent6 ative of the Tribe, the Secretary appointing one 

7 representative of the Secretary, and those two 

8 representatives jointly appointing a third indi9 vidual; 

10 (B) if the Panel Determination is unani11 mous, the Tribe grant a right-of-way to the 

12 United States for the existing uses identified in 

13 the Panel Determination in accordance with ap14 plicable law without additional compensation; 

15 (C) if the Panel Determination is not 

16 unanimous— 

17 (i) the Secretary adopt the Panel De18 termination with any amendments the Sec19 retary reasonably determines necessary to 

20 correct any clear error (the ‘‘Interior De21 termination’’), provided that if any portion 

22 of the Panel Determination is unanimous, 

23 the Secretary will not amend that portion; 

24 and 


SSpencer on DSK4SPTVN1PROD with BILLS
26 

•HR 5633 IH

1 (ii) the Tribe grant a right-of-way to 

2 the United States for the existing uses 

3 identified in the Interior Determination in 

4 accordance with applicable law without ad5 ditional compensation, with the agreement 

6 providing for the timing of the grant to 

7 take into consideration the possibility of 

8 review under subsection (f)(5). 

9 (3) EFFECT.—Determinations made under this 

10 subsection— 

11 (A) do not address title as between the 

12 United States and the Tribe; and 

13 (B) do not apply to any new use of Res14 ervation land by the United States for the Milk 

15 River Project after December 31, 2015. 

16 (4) INTERIOR DETERMINATION AS FINAL AGEN17 CY ACTION.—Any determination by the Secretary 

18 under paragraph (2)(C) shall be considered to be a 

19 final agency action for purposes of review under 

20 chapter 7 of title 5, United States Code. 

21 (5) JUDICIAL REVIEW.—An action for judicial 

22 review pursuant to this section shall be brought by 

23 not later than the date that is 1 year after the date 

24 of notification of the Interior Determination. 


SSpencer on DSK4SPTVN1PROD with BILLS
27 

•HR 5633 IH

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

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

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

5 and 

6 (3) $3,100,000 to carry out subsection (f). 

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

9 (a) BUREAU OF RECLAMATION JURISDICTION.—Ef10 fective beginning on the date of enactment of this Act, 

11 the Commissioner of Reclamation shall have exclusive ju12 risdiction to authorize the development of hydropower on 

13 the St. Mary Unit. 

14 (b) RIGHTS OF TRIBE.— 

15 (1) EXCLUSIVE RIGHT OF TRIBE.—Subject to 

16 paragraph (2) and notwithstanding any other provi17 sion of law, the Tribe shall have the exclusive right 

18 to develop and market hydroelectric power of the St. 

19 Mary Unit. 

20 (2) LIMITATIONS.—The exclusive right de21 scribed in paragraph (1)— 

22 (A) shall expire on the date that is 15 

23 years after the date of enactment of an Act ap24 propriating funds for rehabilitation of the St. 

25 Mary Unit; but 


SSpencer on DSK4SPTVN1PROD with BILLS
28 

•HR 5633 IH

1 (B) may be extended by the Secretary at 

2 the request of the Tribe. 

3 (3) OM&R COSTS.—Effective beginning on the 

4 date that is 10 years after the date on which the 

5 Tribe begins marketing hydroelectric power gen6 erated from the St. Mary Unit to any third party, 

7 the Tribe shall make annual payments for operation, 

8 maintenance, and replacement costs attributable to 

9 the direct use of any facilities by the Tribe for hy10 droelectric power generation, in amounts determined 

11 in accordance with the guidelines and methods of the 

12 Bureau of Reclamation for assessing operation, 

13 maintenance, and replacement charges. 

14 (c) BUREAU OF RECLAMATION COOPERATION.—The 

15 Commissioner of Reclamation shall cooperate with the 

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

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

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

22 (1) requiring that— 

23 (A) the design, construction, and operation 

24 of the project shall be consistent with the Bu25 reau of Reclamation guidelines and methods for 


SSpencer on DSK4SPTVN1PROD with BILLS
29 

•HR 5633 IH

1 hydroelectric power development at Bureau fa2 cilities, as appropriate; and 

3 (B) the hydroelectric power generation 

4 project will not impair the efficiencies of the 

5 Milk River Project for authorized purposes; 

6 (2) regarding construction and operating cri7 teria and emergency procedures; and 

8 (3) under which any modification proposed by 

9 the Tribe to a facility owned by the Bureau of Rec10 lamation shall be subject to review and approval by 

11 the Secretary, acting through the Commissioner of 

12 Reclamation. 

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

14 Any hydroelectric power generated in accordance with this 

15 section shall be used or marketed by the Tribe. 

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

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

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

20 States shall have no obligation to monitor, administer, or 

21 account for— 

22 (1) any revenues received by the Tribe under 

23 this section; or 

24 (2) the expenditure of those revenues. 


SSpencer on DSK4SPTVN1PROD with BILLS
30 

•HR 5633 IH

1 (h) PREFERENCE.—During any period for which the 

2 exclusive right of the Tribe described in subsection (b)(1) 

3 is not in effect, the Tribe shall have a preference to de4 velop hydropower on the St. Mary Unit facilities, in ac5 cordance with Bureau of Reclamation guidelines and 

6 methods for hydroelectric power development at Bureau 

7 facilities. 

8 SEC. 9. STORAGE ALLOCATION FROM LAKE ELWELL. 

9 (a)(1) STORAGE ALLOCATION TO TRIBE.—The Sec10 retary shall allocate to the Tribe 45,000 acre-feet per year 

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

12 any beneficial purpose on or off the Reservation, under 

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

14 the Bureau of Reclamation, as measured at the outlet 

15 works of Tiber Dam or through direct pumping from Lake 

16 Elwell. 

17 (2) REDUCTION.—Up to 10,000 acre-feet per year of 

18 water allocated to the Tribe pursuant to paragraph (1) 

19 will be subject to an acre-foot for acre-foot reduction if 

20 depletions from the Tribal water rights above Lake Elwell 

21 exceed 88,000 acre-feet per year of water because of New 

22 Development (as defined in article II.37 of the Compact). 

23 (b) TREATMENT.— 


SSpencer on DSK4SPTVN1PROD with BILLS
31 

•HR 5633 IH

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

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

3 of the Tribal water rights. 

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

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

6 the priority date of the Lake Elwell water right held 

7 by the Bureau of Reclamation. 

8 (3) ADMINISTRATION.—The Tribe shall admin9 ister the water allocated under subsection (a) in ac10 cordance with the Compact and this Act. 

11 (c) ALLOCATION AGREEMENT.— 

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

13 an allocation under this section, the Tribe shall 

14 enter into an agreement with the Secretary to estab15 lish the terms and conditions of the allocation, in ac16 cordance with the Compact and this Act. 

17 (2) INCLUSIONS.—The agreement under para18 graph (1) shall include provisions establishing that— 

19 (A) the agreement shall be without limit as 

20 to term; 

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

22 shall be entitled to all consideration due to the 

23 Tribe under any lease, contract, or agreement 

24 entered into by the Tribe pursuant to sub25 section (d); 


SSpencer on DSK4SPTVN1PROD with BILLS
32 

•HR 5633 IH

1 (C) the United States shall have no obliga2 tion to monitor, administer, or account for— 

3 (i) any funds received by the Tribe as 

4 consideration under any lease, contract, or 

5 agreement entered into by the Tribe pursu6 ant to subsection (d); or 

7 (ii) the expenditure of those funds; 

8 (D) if the capacity or function of Lake 

9 Elwell facilities are significantly reduced, or are 

10 anticipated to be significantly reduced, for an 

11 extended period of time, the Tribe shall have 

12 the same rights as other storage contractors 

13 with respect to the allocation under this section; 

14 (E) the costs associated with the construc15 tion of the storage facilities at Tiber Dam allo16 cable to the Tribe shall be nonreimbursable; 

17 (F) no water service capital charge shall be 

18 due or payable for any water allocated to the 

19 Tribe pursuant to this section or the allocation 

20 agreement, regardless of whether that water is 

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

22 contract, or by agreement entered into by the 

23 Tribe pursuant to subsection (d); 

24 (G) the Tribe shall not be required to 

25 make payments to the United States for any 


SSpencer on DSK4SPTVN1PROD with BILLS
33 

•HR 5633 IH

1 water allocated to the Tribe under this Act or 

2 the allocation agreement, except for each acre3 foot of stored water leased or transferred for in4 dustrial purposes as described in subparagraph 

5 (H); 

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

7 leased or transferred by the Tribe for industrial 

8 purposes— 

9 (i) the Tribe shall pay annually to the 

10 United States an amount necessary to 

11 cover the proportional share of the annual 

12 operation, maintenance, and replacement 

13 costs allocable to the quantity of water 

14 leased or transferred by the Tribe for in15 dustrial purposes; and 

16 (ii) the annual payments of the Tribe 

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

19 maintenance, and replacement costs for 

20 Tiber Dam; and 

21 (I) the adjustment process identified in 

22 subsection (a)(1) will be based on specific enu23 merated provisions. 

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

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


SSpencer on DSK4SPTVN1PROD with BILLS
34 

•HR 5633 IH

1 for use of the water allocated to the Tribe under sub2 section (a), if— 

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

4 an agreement occurs within the Missouri River 

5 Basin; and 

6 (2) the agreement does not permanently alien7 ate any portion of the water allocated to the Tribe 

8 under subsection (a). 

9 (e) EFFECTIVE DATE.—The allocation under sub10 section (a) takes effect on the enforceability date. 

11 (f) NO CARRYOVER STORAGE.—The allocation under 

12 subsection (a) shall not be increased by any year-to-year 

13 carryover storage. 

14 (g) DEVELOPMENT AND DELIVERY COSTS.—The 

15 United States shall not be required to pay the cost of de16 veloping or delivering any water allocated under this sec17 tion. 

18 SEC. 10. IRRIGATION ACTIVITIES. 

19 (a) IN GENERAL.—Subject to the availability of ap20 propriations, the Secretary, acting through the Commis21 sioner of Reclamation and in accordance with subsection 

22 (c), shall carry out the following actions relating to the 

23 Blackfeet Irrigation Project: 

24 (1) Deferred maintenance. 


SSpencer on DSK4SPTVN1PROD with BILLS
35 

•HR 5633 IH

1 (2) Dam safety improvements for Four Horns 

2 Dam. 

3 (3) Rehabilitation and enhancement of the Four 

4 Horns Feeder Canal, Dam, and Reservoir. 

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

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

7 carried out under this section. 

8 (c) SCOPE OF DEFERRED MAINTENANCE ACTIVITIES

9 AND FOUR HORNS DAM SAFETY IMPROVEMENTS.— 

10 (1) IN GENERAL.—Subject to the conditions de11 scribed in paragraph (2), the scope of the deferred 

12 maintenance activities and Four Horns Dam safety 

13 improvements shall be as generally described in— 

14 (A) the document entitled ‘‘Engineering 

15 Evaluation and Condition Assessment, Black16 feet Irrigation Project’’, prepared by DOWL 

17 HKM, and dated August 2007; and 

18 (B) the provisions relating to Four Horns 

19 Rehabilitated Dam of the document entitled 

20 ‘‘Four Horns Dam Enlarged Appraisal Evalua21 tion Design Report’’, prepared by DOWL 

22 HKM, and dated April 2007. 

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

24 paragraph (1) are that, before commencing construc25 tion activities, the Secretary shall— 


SSpencer on DSK4SPTVN1PROD with BILLS
36 

•HR 5633 IH

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

3 (B) perform value engineering analyses; 

4 (C) perform appropriate Federal environ5 mental compliance activities; and 

6 (D) ensure that the deferred maintenance 

7 activities and dam safety improvements may be 

8 constructed using only the amounts made avail9 able under section 18. 

10 (d) SCOPE OF REHABILITATION AND ENHANCEMENT

11 OF FOUR HORNS FEEDER CANAL, DAM, AND RES12 ERVOIR.— 

13 (1) IN GENERAL.—The scope of the rehabilita14 tion and improvements shall be as generally de15 scribed in the document entitled ‘‘Four Horns Feed16 er Canal Rehabilitation with Export’’, prepared by 

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

18 condition that, before commencing construction ac19 tivities, the Secretary shall— 

20 (A) review the design of the proposed reha21 bilitation or improvement; 

22 (B) perform value engineering analyses; 

23 (C) perform appropriate Federal environ24 mental compliance activities; and 


SSpencer on DSK4SPTVN1PROD with BILLS
37 

•HR 5633 IH

1 (D) ensure that the rehabilitation and im2 provements may be constructed using only the 

3 amounts made available under section 18. 

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

5 the Secretary under this subsection shall include— 

6 (A) the rehabilitation or improvement of 

7 the Four Horns feeder canal system to a capac8 ity of not fewer than 360 cubic feet per second; 

9 (B) the rehabilitation or improvement of 

10 the outlet works of Four Horns Dam and Res11 ervoir to deliver not less than 15,000 acre-feet 

12 of water per year, in accordance with subpara13 graph (C); and 

14 (C) construction of facilities to deliver not 

15 less than 15,000 acre-feet of water per year 

16 from Four Horns Dam and Reservoir, to a 

17 point on or near Birch Creek to be designated 

18 by the Tribe and the State for delivery of water 

19 to the water delivery system of the Pondera 

20 County Canal and Reservoir Company on Birch 

21 Creek, in accordance with the Birch Creek 

22 Agreement. 

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

24 of the review described in paragraph (1)(A), the Sec25 retary shall negotiate with the Tribe appropriate 


SSpencer on DSK4SPTVN1PROD with BILLS
38 

•HR 5633 IH

1 changes to the final design of any activity under this 

2 subsection to ensure that the final design meets ap3 plicable industry standards. 

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

6 not exceed $54,900,000, of which— 

7 (1) $40,900,000 shall be allocated to carry out 

8 the activities described in subsection (c); and 

9 (2) $14,000,000 shall be allocated to carry out 

10 the activities described in subsection (d)(2). 

11 (f) NONREIMBURSABILITY OF COSTS.—All costs in12 curred by the Secretary in carrying out this section shall 

13 be nonreimbursable. 

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

15 project under subsection (d) shall be commenced until the 

16 State has made available $20,000,000 to carry out the ac17 tivities described in subsection (d)(2). 

18 (h) ADMINISTRATION.—The Commissioner of Rec19 lamation and the Tribe shall negotiate the cost of any 

20 oversight activity carried out by the Bureau of Reclama21 tion under any agreement entered into under subsection 

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

23 oversight shall not exceed 4 percent of the total project 

24 costs for each project. 


SSpencer on DSK4SPTVN1PROD with BILLS
39 

•HR 5633 IH

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

2 planning, design, and construction activities relating to 

3 the projects described in this section results in cost sav4 ings and is less than the amounts authorized to be obli5 gated, the Secretary, at the request of the Tribe, may— 

6 (1) use those cost savings to carry out a project 

7 described in section 7(d), 11, 12, or 13; or 

8 (2) deposit those cost savings to the Blackfeet 

9 OM&R Trust Account. 

10 (j) OWNERSHIP BY TRIBE OF BIRCH CREEK DELIV11 ERY FACILITIES.—Notwithstanding any other provision of 

12 law, the Secretary shall transfer to the Tribe, at no cost, 

13 title in and to the facilities constructed under subsection 

14 (d)(2)(C). 

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

16 On transfer to the Tribe of title under subsection (j), the 

17 Tribe shall— 

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

19 the Birch Creek Agreement; and 

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

21 Indian Affairs regarding the operation of the facili22 ties described in that subsection. 

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

24 States shall have no obligation or responsibility with re25 spect the facilities described in subsection (d)(2)(C). 


SSpencer on DSK4SPTVN1PROD with BILLS
40 

•HR 5633 IH

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

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

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

6 (n) EFFECT.—Nothing in this section— 

7 (1) alters any applicable law (including regula8 tions) under which the Bureau of Indian Affairs col9 lects assessments or carries out Blackfeet Irrigation 

10 Project OM&R; or 

11 (2) impacts the availability of amounts made 

12 available under subsection (a)(1)(B) of section 18. 

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

14 (a) IN GENERAL.—Subject to the availability of ap15 propriations, the Secretary, acting through the Commis16 sioner of Reclamation, shall plan, design, and construct 

17 the water diversion and delivery features of the MR&I Sys18 tem in accordance with 1 or more agreements between the 

19 Secretary and the Tribe. 

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

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

22 to design and construct the water diversion and delivery 

23 features of the MR&I System. 

24 (c) SCOPE.— 


SSpencer on DSK4SPTVN1PROD with BILLS
41 

•HR 5633 IH

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

2 construction under this section shall be as generally 

3 described in the document entitled ‘‘Blackfeet Re4 gional Water System’’, prepared by DOWL HKM, 

5 dated June 2010, and modified by DOWL HKM in 

6 the addendum to the report dated March 2013, sub7 ject to the condition that, before commencing final 

8 design and construction activities, the Secretary 

9 shall— 

10 (A) review the design of the proposed reha11 bilitation and construction; 

12 (B) perform value engineering analyses; 

13 and 

14 (C) perform appropriate Federal compli15 ance activities. 

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

17 of the review described in paragraph (1)(A), the Sec18 retary shall negotiate with the Tribe appropriate 

19 changes, if any, to the final design— 

20 (A) to ensure that the final design meets 

21 applicable industry standards; 

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

23 delivery of MR&I System water; and 


SSpencer on DSK4SPTVN1PROD with BILLS
42 

•HR 5633 IH

1 (C) to ensure that the MR&I System may 

2 be constructed using only the amounts made 

3 available under section 18. 

4 (d) NONREIMBURSABILITY OF COSTS.—All costs in5 curred by the Secretary in carrying out this section shall 

6 be nonreimbursable. 

7 (e) FUNDING.—The total amount of obligations in8 curred by the Secretary in carrying out this section shall 

9 not exceed $76,200,000. 

10 (f) NON-FEDERAL CONTRIBUTION.— 

11 (1) CONSULTATION.—Before completion of the 

12 final design of the MR&I System required by sub13 section (c), the Secretary shall consult with the 

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

15 parties to discuss the possibility of receiving non16 Federal contributions for the cost of the MR&I Sys17 tem. 

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

19 which non-Federal parties are expected to use the 

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

21 MR&I System is determined by the parties described 

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

23 shall initiate negotiations for an agreement regard24 ing the means by which the contributions shall be 

25 provided. 


SSpencer on DSK4SPTVN1PROD with BILLS
43 

•HR 5633 IH

1 (g) OWNERSHIP BY TRIBE.—Title to the MR&I Sys2 tem and all facilities rehabilitated or constructed under 

3 this section shall be held by the Tribe. 

4 (h) ADMINISTRATION.—The Commissioner of Rec5 lamation and the Tribe shall negotiate the cost of any 

6 oversight activity carried out by the Bureau of Reclama7 tion under any agreement entered into under this section, 

8 subject to the condition that the total cost for the over9 sight shall not exceed 4 percent of the total costs incurred 

10 under this section. 

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

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

13 or replacement costs for any facility rehabilitated or con14 structed under this section. 

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

16 planning, design, and construction activities relating to 

17 the projects described in this section results in cost sav18 ings and is less than the amounts authorized to be obli19 gated, the Secretary, at the request of the Tribe, may— 

20 (1) use those cost savings to carry out a project 

21 described in section 7(d), 10, 11(a), 12, or 13; or 

22 (2) deposit those cost savings to the Blackfeet 

23 OM&R Trust Account. 

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

25 the Tribe, and in accordance with the Indian Self-DeterVerDate Sep 11 2014 00:31 Jul 08, 2016 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H5633.IH H5633

SSpencer on DSK4SPTVN1PROD with BILLS
44 

•HR 5633 IH

1 mination and Education Assistance Act (25 U.S.C. 450 

2 et seq.), the Secretary shall enter into 1 or more agree3 ments with the Tribe to carry out this section. 

4 SEC. 12. DESIGN AND CONSTRUCTION OF WATER STORAGE 

5 AND IRRIGATION FACILITIES. 

6 (a) IN GENERAL.—Subject to the availability of ap7 propriations, the Secretary, acting through the Commis8 sioner of Reclamation, shall plan, design, and construct 

9 1 or more facilities to store water and support irrigation 

10 on the Reservation in accordance with 1 or more agree11 ments between the Secretary and the Tribe. 

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

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

14 to design and construct the irrigation development and 

15 water storage facilities described in subsection (c). 

16 (c) SCOPE.— 

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

18 construction under this section shall be as generally 

19 described in the document entitled ‘‘Blackfeet Water 

20 Storage, Development, and Project Report’’, pre21 pared by DOWL HKM, and dated March 13, 2013, 

22 as modified and agreed to by the Secretary and the 

23 Tribe, subject to the condition that, before com24 mencing final design and construction activities, the 

25 Secretary shall— 


SSpencer on DSK4SPTVN1PROD with BILLS
45 

•HR 5633 IH

1 (A) review the design of the proposed con2 struction; 

3 (B) perform value engineering analyses; 

4 and 

5 (C) perform appropriate Federal compli6 ance activities. 

7 (2) MODIFICATION.—The Secretary may modify 

8 the scope of construction for the projects described 

9 in the document referred to in paragraph (1), if— 

10 (A) the modified project is— 

11 (i) similar in purpose to the proposed 

12 projects; and 

13 (ii) consistent with the purposes of 

14 this Act; and 

15 (B) the Secretary has consulted with the 

16 Tribe regarding any modification. 

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

18 of the review described in paragraph (1)(A), the Sec19 retary shall negotiate with the Tribe appropriate 

20 changes, if any, to the final design— 

21 (A) to ensure that the final design meets 

22 applicable industry standards; 

23 (B) to improve the cost-effectiveness of any 

24 construction; and 


SSpencer on DSK4SPTVN1PROD with BILLS
46 

•HR 5633 IH

1 (C) to ensure that the projects may be con2 structed using only the amounts made available 

3 under section 18. 

4 (d) NONREIMBURSABILITY OF COSTS.—All costs in5 curred by the Secretary in carrying out this section shall 

6 be nonreimbursable. 

7 (e) FUNDING.—The total amount of obligations in8 curred by the Secretary in carrying out this section shall 

9 not exceed $87,300,000. 

10 (f) OWNERSHIP BY TRIBE.—Title to all facilities re11 habilitated or constructed under this section shall be held 

12 by the Tribe, except that title to the Birch Creek Unit 

13 of the Blackfeet Indian Irrigation Project shall remain 

14 with the Bureau of Indian Affairs. 

15 (g) ADMINISTRATION.—The Commissioner of Rec16 lamation and the Tribe shall negotiate the cost of any 

17 oversight activity carried out by the Bureau of Reclama18 tion under any agreement entered into under this section, 

19 subject to the condition that the total cost for the over20 sight shall not exceed 4 percent of the total costs incurred 

21 under this section. 

22 (h) OM&R COSTS.—The Federal Government shall 

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

24 or replacement costs for the facilities rehabilitated or con25 structed under this section. 


SSpencer on DSK4SPTVN1PROD with BILLS
47 

•HR 5633 IH

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

2 planning, design, and construction activities relating to 

3 the projects described in this section results in cost sav4 ings and is less than the amounts authorized to be obli5 gated, the Secretary, at the request of the Tribe, may— 

6 (1) use those cost savings to carry out a project 

7 described in section 7(d), 10, 11, or 13; or 

8 (2) deposit those cost savings to the Blackfeet 

9 OM&R Trust Account. 

10 (j) APPLICABILITY OF ISDEAA.—At the request of 

11 the Tribe, and in accordance with the Indian Self-Deter12 mination and Education Assistance Act (25 U.S.C. 450 

13 et seq.), the Secretary shall enter into 1 or more agree14 ments with the Tribe to carry out this section. 

15 SEC. 13. BLACKFEET WATER, STORAGE, AND DEVELOP16 MENT PROJECTS. 

17 (a) IN GENERAL.— 

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

19 under this section shall be as generally described in 

20 the document entitled ‘‘Blackfeet Water Storage, 

21 Development, and Project Report’’, prepared by 

22 DOWL HKM, and dated March 13, 2013, as modi23 fied and agreed to by the Secretary and the Tribe. 


SSpencer on DSK4SPTVN1PROD with BILLS
48 

•HR 5633 IH

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

2 scope of the projects described in the document re3 ferred to in paragraph (1) if— 

4 (A) the modified project is— 

5 (i) similar to the proposed project; 

6 and 

7 (ii) consistent with the purposes of 

8 this Act; and 

9 (B) the modification is approved by the 

10 Secretary. 

11 (b) NONREIMBURSABILITY OF COSTS.—All costs in12 curred by the Secretary in carrying out this section shall 

13 be nonreimbursable. 

14 (c) FUNDING.—The total amount of obligations in15 curred by the Secretary in carrying out this section shall 

16 not exceed $91,000,000. 

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

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

19 or replacement costs for the facilities rehabilitated or con20 structed under this section. 

21 (e) OWNERSHIP BY TRIBE.—Title to any facility con22 structed under this section shall be held by the Tribe. 

23 SEC. 14. EASEMENTS AND RIGHTS-OF-WAY. 

24 (a) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 


SSpencer on DSK4SPTVN1PROD with BILLS
49 

•HR 5633 IH

1 (1) IN GENERAL.—On request of the Secretary, 

2 the Tribe shall grant, at no cost to the United 

3 States, such easements and rights-of-way over tribal 

4 land as are necessary for the construction of the 

5 projects authorized by sections 10 and 11. 

6 (2) JURISDICTION.—An easement or right-of7 way granted by the Tribe pursuant to paragraph (1) 

8 shall not affect in any respect the civil or criminal 

9 jurisdiction of the Tribe over the easement or right10 of-way. 

11 (b) LANDOWNER EASEMENTS AND RIGHTS-OF12 WAY.—In partial consideration for the construction activi13 ties authorized by section 11, and as a condition of receiv14 ing service from the MR&I System, a landowner shall 

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

16 easements and rights-of-way over the land of the land17 owner as may be necessary for the construction of the 

18 MR&I System. 

19 (c) LAND ACQUIRED BY UNITED STATES OR

20 TRIBE.—Any land acquired within the boundaries of the 

21 Reservation by the United States on behalf of the Tribe, 

22 or by the Tribe on behalf of the Tribe, in connection with 

23 achieving the purposes of this Act shall be held in trust 

24 by the United States for the benefit of the Tribe. 


SSpencer on DSK4SPTVN1PROD with BILLS
50 

•HR 5633 IH

1 SEC. 15. TRIBAL WATER RIGHTS. 

2 (a) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

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

4 ratified, confirmed, and declared to be valid. 

5 (2) USE.—Any use of the Tribal water rights 

6 shall be subject to the terms and conditions of the 

7 Compact and this Act. 

8 (3) CONFLICT.—In the event of a conflict be9 tween the Compact and this Act, the provisions of 

10 this Act shall control. 

11 (b) INTENT OF CONGRESS.—It is the intent of Con12 gress to provide to each allottee benefits that are equiva13 lent to, or exceed, the benefits the allottees possess on the 

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

15 consideration— 

16 (1) the potential risks, cost, and time delay as17 sociated with litigation that would be resolved by the 

18 Compact and this Act; 

19 (2) the availability of funding under this Act 

20 and from other sources; 

21 (3) the availability of water from the Tribal 

22 water rights; and 

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

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

25 protect the interests of allottees. 


SSpencer on DSK4SPTVN1PROD with BILLS
51 

•HR 5633 IH

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

2 The Tribal water rights— 

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

4 for the use and benefit of the Tribe and the allottees 

5 in accordance with this Act; and 

6 (2) shall not be subject to forfeiture or aban7 donment. 

8 (d) ALLOTTEES.— 

9 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

10 1887.—The provisions of section 7 of the Act of Feb11 ruary 8, 1887 (25 U.S.C. 381), relating to the use 

12 of water for irrigation purposes shall apply to the 

13 Tribal water rights. 

14 (2) ENTITLEMENT TO WATER.—Any entitle15 ment to water of an allottee under Federal law shall 

16 be satisfied from the Tribal water rights. 

17 (3) ALLOCATIONS.—An allottee shall be entitled 

18 to a just and equitable allocation of water for irriga19 tion purposes. 

20 (4) CLAIMS.— 

21 (A) EXHAUSTION OF REMEDIES.—Before 

22 asserting any claim against the United States 

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

24 (25 U.S.C. 381), or any other applicable law, 

25 an allottee shall exhaust remedies available 


SSpencer on DSK4SPTVN1PROD with BILLS
52 

•HR 5633 IH

1 under the tribal water code or other applicable 

2 tribal law. 

3 (B) ACTION FOR RELIEF.—After the ex4 haustion of all remedies available under the 

5 tribal water code or other applicable tribal law, 

6 an allottee may seek relief under section 7 of 

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

8 or other applicable law. 

9 (5) AUTHORITY OF SECRETARY.—The Sec10 retary shall have the authority to protect the rights 

11 of allottees in accordance with this section. 

12 (e) AUTHORITY OF TRIBE.— 

13 (1) IN GENERAL.—The Tribe shall have the au14 thority to allocate, distribute, and lease the Tribal 

15 water rights for any use on the Reservation in ac16 cordance with the Compact, this Act, and applicable 

17 Federal law. 

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

19 allocate, distribute, and lease the Tribal water rights 

20 for off-Reservation use in accordance with the Com21 pact, subject to the approval of the Secretary. 

22 (3) LAND LEASES BY ALLOTTEES.—Notwith23 standing paragraph (1), an allottee may lease any 

24 interest in land held by the allottee, together with 

25 any water right determined to be appurtenant to the 


SSpencer on DSK4SPTVN1PROD with BILLS
53 

•HR 5633 IH

1 interest in land, in accordance with the tribal water 

2 code. 

3 (f) TRIBAL WATER CODE.— 

4 (1) IN GENERAL.—Notwithstanding article 

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

6 the date on which the Tribe ratifies the Compact in 

7 accordance with this Act, the Tribe shall enact a 

8 tribal water code that provides for— 

9 (A) the management, regulation, and gov10 ernance of all uses of the Tribal water rights in 

11 accordance with the Compact and this Act; and 

12 (B) establishment by the Tribe of condi13 tions, permit requirements, and other require14 ments for the allocation, distribution, or use of 

15 the Tribal water rights in accordance with the 

16 Compact and this Act. 

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

18 the Secretary, the tribal water code shall provide— 

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

20 satisfied with water from the Tribal water 

21 rights; 

22 (B) a process by which an allottee may re23 quest that the Tribe provide water for irrigation 

24 use in accordance with this Act, including the 

25 provision of water under any allottee lease 


SSpencer on DSK4SPTVN1PROD with BILLS
54 

•HR 5633 IH

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

2 (25 U.S.C. 403); 

3 (C) a due process system for the consider4 ation and determination by the Tribe of any re5 quest by an allottee (or a successor in interest 

6 to an allottee) for an allocation of water for ir7 rigation purposes on allotted land, including a 

8 process for— 

9 (i) appeal and adjudication of any de10 nied or disputed distribution of water; and 

11 (ii) resolution of any contested admin12 istrative decision; and 

13 (D) a requirement that any allottee assert14 ing a claim relating to the enforcement of rights 

15 of the allottee under the tribal water code, or 

16 to the quantity of water allocated to land of the 

17 allottee, shall exhaust all remedies available to 

18 the allottee under tribal law before initiating an 

19 action against the United States or petitioning 

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

21 (3) ACTION BY SECRETARY.— 

22 (A) IN GENERAL.—During the period be23 ginning on the date of enactment of this Act 

24 and ending on the date on which a tribal water 

25 code described in paragraphs (1) and (2) is enVerDate Sep 11 2014 00:31 Jul 08, 2016 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5633.IH H5633

SSpencer on DSK4SPTVN1PROD with BILLS
55 

•HR 5633 IH

1 acted, the Secretary shall administer, with re2 spect to the rights of allottees, the Tribal water 

3 rights in accordance with this Act. 

4 (B) APPROVAL.—The tribal water code de5 scribed in paragraphs (1) and (2) shall not be 

6 valid unless— 

7 (i) the provisions of the tribal water 

8 code required by paragraph (2) are ap9 proved by the Secretary; and 

10 (ii) each amendment to the tribal 

11 water code that affects a right of an allot12 tee is approved by the Secretary. 

13 (C) APPROVAL PERIOD.— 

14 (i) IN GENERAL.—The Secretary shall 

15 approve or disapprove the tribal water code 

16 or an amendment to the tribal water code 

17 not later than 180 days after the date on 

18 which the tribal water code or amendment 

19 is submitted to the Secretary. 

20 (ii) EXTENSION.—The deadline de21 scribed in clause (i) may be extended by 

22 the Secretary after consultation with the 

23 Tribe. 

24 (g) ADMINISTRATION.— 


SSpencer on DSK4SPTVN1PROD with BILLS
56 

•HR 5633 IH

1 (1) NO ALIENATION.—The Tribe shall not per2 manently alienate any portion of the Tribal water 

3 rights. 

4 (2) PURCHASES OR GRANTS OF LAND FROM IN5 DIANS.—An authorization provided by this Act for 

6 the allocation, distribution, leasing, or other ar7 rangement entered into pursuant to this Act shall be 

8 considered to satisfy any requirement for authoriza9 tion of the action by treaty or convention imposed by 

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

11 177). 

12 (3) PROHIBITION ON FORFEITURE.—The non13 use of all or any portion of the Tribal water rights 

14 by a lessee or contractor shall not result in the for15 feiture, abandonment, relinquishment, or other loss 

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

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

18 in this section, nothing in this Act— 

19 (1) authorizes any action by an allottee against 

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

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

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

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

24 United States Code. 


SSpencer on DSK4SPTVN1PROD with BILLS
57 

•HR 5633 IH

1 SEC. 16. BLACKFEET SETTLEMENT TRUST FUND. 

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

3 Treasury of the United States a trust fund, to be known 

4 as the ‘‘Blackfeet Settlement Trust Fund’’ (referred to in 

5 this section as the ‘‘Trust Fund’’), to be managed, in6 vested, and distributed by the Secretary and to remain 

7 available until expended, consisting of the amounts depos8 ited in the Trust Fund under subsection (c), together with 

9 any interest earned on those amounts, for the purpose of 

10 carrying out this Act. 

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

12 Trust Fund the following accounts: 

13 (1) The Administration and Energy Account. 

14 (2) The OM&R Account. 

15 (3) The St. Mary Account. 

16 (4) The Blackfeet Water, Storage, and Develop17 ment Projects Account. 

18 (c) DEPOSITS.—The Secretary shall deposit in the 

19 Trust Fund— 

20 (1) in the Administration and Energy Account, 

21 the amount made available pursuant to section 

22 18(a)(1)(A); 

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

24 available pursuant to section 18(a)(1)(B); 

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

26 available pursuant to section 18(a)(1)(C); and 


SSpencer on DSK4SPTVN1PROD with BILLS
58 

•HR 5633 IH

1 (4) in the Blackfeet Water, Storage, and Devel2 opment Projects Account, the amount made avail3 able pursuant to section 18(a)(1)(D). 

4 (d) MANAGEMENT.—The Secretary shall manage, in5 vest, and distribute all amounts in the Trust Fund in a 

6 manner that is consistent with the investment authority 

7 of the Secretary under— 

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

9 1938 (25 U.S.C. 162a); 

10 (2) the American Indian Trust Fund Manage11 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

12 and 

13 (3) this section. 

14 (e) AVAILABILITY OF AMOUNTS.— 

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

16 and deposited in, the Trust Fund, including any in17 vestment earnings, shall be made available to the 

18 Tribe by the Secretary beginning on the enforce19 ability date. 

20 (2) FUNDING FOR TRIBAL IMPLEMENTATION

21 ACTIVITIES.—Notwithstanding paragraph (1), on ap22 proval pursuant to this Act and the Compact by a 

23 referendum vote of a majority of votes cast by mem24 bers of the Tribe on the day of the vote, as certified 

25 by the Secretary and the Tribe and subject to the 


SSpencer on DSK4SPTVN1PROD with BILLS
59 

•HR 5633 IH

1 availability of appropriations, of the amounts in the 

2 Administration and Energy Account, $4,800,000 

3 shall be made available to the Tribe for the imple4 mentation of this Act. 

5 (f) WITHDRAWALS UNDER AIFRMRA.— 

6 (1) IN GENERAL.—The Tribe may withdraw 

7 any portion of the funds in the Trust Fund on ap8 proval by the Secretary of a tribal management plan 

9 submitted by the Tribe in accordance with the 

10 American Indian Trust Fund Management Reform 

11 Act of 1994 (25 U.S.C. 4001 et seq.). 

12 (2) REQUIREMENTS.— 

13 (A) IN GENERAL.—In addition to the re14 quirements under the American Indian Trust 

15 Fund Management Reform Act of 1994 (25 

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

17 plan under paragraph (1) shall require that the 

18 Tribe shall spend all amounts withdrawn from 

19 the Trust Fund in accordance with this Act. 

20 (B) ENFORCEMENT.—The Secretary may 

21 carry out such judicial and administrative ac22 tions as the Secretary determines to be nec23 essary to enforce the tribal management plan to 

24 ensure that amounts withdrawn by the Tribe 


SSpencer on DSK4SPTVN1PROD with BILLS
60 

•HR 5633 IH

1 from the Trust Fund under this subsection are 

2 used in accordance with this Act. 

3 (g) WITHDRAWALS UNDER EXPENDITURE PLAN.— 

4 (1) IN GENERAL.—The Tribe may submit to 

5 the Secretary a request to withdraw funds from the 

6 Trust Fund pursuant to an approved expenditure 

7 plan. 

8 (2) REQUIREMENTS.—To be eligible to with9 draw funds under an expenditure plan under para10 graph (1), the Tribe shall submit to the Secretary 

11 for approval an expenditure plan for any portion of 

12 the Trust Fund that the Tribe elects to withdraw 

13 pursuant to this subsection, subject to the condition 

14 that the funds shall be used for the purposes de15 scribed in this Act. 

16 (3) INCLUSIONS.—An expenditure plan under 

17 this subsection shall include a description of the 

18 manner and purpose for which the amounts pro19 posed to be withdrawn from the Trust Fund will be 

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

21 (4) APPROVAL.—On receipt of an expenditure 

22 plan under this subsection, the Secretary shall ap23 prove the plan, if the Secretary determines that the 

24 plan— 

25 (A) is reasonable; and 


SSpencer on DSK4SPTVN1PROD with BILLS
61 

•HR 5633 IH

1 (B) is consistent with, and will be used for, 

2 the purposes of this Act. 

3 (5) ENFORCEMENT.—The Secretary may carry 

4 out such judicial and administrative actions as the 

5 Secretary determines to be necessary to enforce an 

6 expenditure plan to ensure that amounts disbursed 

7 under this subsection are used in accordance with 

8 this Act. 

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

10 used by the Tribe for the following purposes: 

11 (1) The Administration and Energy Account 

12 shall be used for administration of the Tribal water 

13 rights and energy development projects under this 

14 Act and the Compact. 

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

16 the Tribe in paying OM&R costs. 

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

18 pursuant to an expenditure plan approved under 

19 subsection (g), subject to the conditions that— 

20 (A) during the period for which the 

21 amount is available and held by the Secretary, 

22 $500,000 shall be distributed to the Tribe an23 nually as compensation for the deferral of the 

24 St. Mary water right; and 


SSpencer on DSK4SPTVN1PROD with BILLS
62 

•HR 5633 IH

1 (B) any additional amounts deposited in 

2 the account may be withdrawn and used by the 

3 Tribe to pay OM&R costs or other expenses for 

4 1 or more projects to benefit the Tribe, as ap5 proved by the Secretary, subject to the require6 ment that the Secretary shall not approve an 

7 expenditure plan under this paragraph unless 

8 the Tribe provides a resolution of the tribal 

9 council— 

10 (i) approving the withdrawal of the 

11 funds from the account; and 

12 (ii) acknowledging that the Secretary 

13 will not be able to distribute funds under 

14 subparagraph (A) indefinitely if the prin15 cipal funds in the account are reduced. 

16 (4) The Blackfeet Water, Storage, and Develop17 ment Projects Account shall be used to carry out 

18 section 13. 

19 (i) LIABILITY.—The Secretary and the Secretary of 

20 the Treasury shall not be liable for the expenditure or in21 vestment of any amounts withdrawn from the Trust Fund 

22 by the Tribe under subsection (f) or (g). 

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

24 the Trust Fund shall be distributed on a per capita basis 

25 to any member of the Tribe. 


SSpencer on DSK4SPTVN1PROD with BILLS
63 

•HR 5633 IH

1 (k) DEPOSIT OF FUNDS.—On request by the Tribe, 

2 the Secretary may deposit amounts from an account de3 scribed in paragraph (1), (2), or (4) of subsection (b) to 

4 any other account the Secretary determines to be appro5 priate. 

6 SEC. 17. BLACKFEET WATER SETTLEMENT IMPLEMENTA7 TION FUND. 

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

9 Treasury of the United States a nontrust, interest-bearing 

10 account, to be known as the ‘‘Blackfeet Water Settlement 

11 Implementation Fund’’ (referred to in this section as the 

12 ‘‘Implementation Fund’’), to be managed and distributed 

13 by the Secretary, for use by the Secretary for carrying 

14 out this Act. 

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

16 Implementation Fund the following accounts: 

17 (1) The MR&I System, Irrigation, and Water 

18 Storage Account. 

19 (2) The Blackfeet Irrigation Project Deferred 

20 Maintenance and Four Horns Dam Safety Improve21 ments Account. 

22 (3) The St. Mary/Milk Water Management and 

23 Activities Fund. 

24 (c) DEPOSITS.—The Secretary shall deposit in the 

25 Implementation Fund— 


SSpencer on DSK4SPTVN1PROD with BILLS
64 

•HR 5633 IH

1 (1) in the MR&I System, Irrigation, and Water 

2 Storage Account, the amount made available pursu3 ant to section 18(a)(2)(A); 

4 (2) in the Blackfeet Irrigation Project Deferred 

5 Maintenance and Four Horns Dam Safety Improve6 ments Account, the amount made available pursuant 

7 to section 18(a)(2)(B); and 

8 (3) in the St. Mary/Milk Water Management 

9 and Activities Fund, the amount made available pur10 suant to section 18(a)(2)(C). 

11 (d) USES.— 

12 (1) MR&I SYSTEM, IRRIGATION, AND WATER

13 STORAGE ACCOUNT.—The MR&I System, Irrigation, 

14 and Water Storage Account shall be used to carry 

15 out sections 11 and 12. 

16 (2) BLACKFEET IRRIGATION PROJECT DE17 FERRED MAINTENANCE AND FOUR HORNS DAM

18 SAFETY IMPROVEMENTS ACCOUNT.—The Blackfeet 

19 Irrigation Project Deferred Maintenance and Four 

20 Horns Dam Safety Improvements Account shall be 

21 used to carry out section 10. 

22 (3) ST. MARY/MILK WATER MANAGEMENT AND

23 ACTIVITIES ACCOUNT.—The St. Mary/Milk Water 

24 Management and Activities Account shall be used to 

25 carry out sections 5 and 7. 


SSpencer on DSK4SPTVN1PROD with BILLS
65 

•HR 5633 IH

1 (e) MANAGEMENT.—Amounts in the Implementation 

2 Fund shall not be available to the Secretary for expendi3 ture until the enforceability date. 

4 SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—Subject to subsection (b), there 

6 are authorized to be appropriated to the Secretary— 

7 (1) as adjusted on appropriation to reflect 

8 changes since April 2010 in the Consumer Price 

9 Index for All Urban Consumers West Urban 50,000 

10 to 1,500,000 index for the amount appropriated— 

11 (A) for deposit in the Administration and 

12 Energy Account of the Blackfeet Settlement 

13 Trust Fund established under section 16(b)(1), 

14 $28,900,000; 

15 (B) for deposit in the OM&R Account of 

16 the Blackfeet Settlement Trust Fund estab17 lished under section 16(b)(2), $27,760,000; 

18 (C) for deposit in the St. Mary Account of 

19 the Blackfeet Settlement Trust Fund estab20 lished under section 16(b)(3), $27,800,000; and 

21 (D) for deposit in the Blackfeet Water, 

22 Storage, and Development Projects Account of 

23 the Blackfeet Settlement Trust Fund estab24 lished under section 16(b)(4), $91,000,000; and 


SSpencer on DSK4SPTVN1PROD with BILLS
66 

•HR 5633 IH

1 (2) as adjusted annually to reflect changes 

2 since April 2010 in the Bureau of Reclamation Con3 struction Cost Trends Index applicable to the types 

4 of construction involved— 

5 (A) for deposit in the MR&I System, Irri6 gation, and Water Storage Account of the 

7 Blackfeet Water Settlement Implementation 

8 Fund established under section 17(b)(1), 

9 $163,500,000; 

10 (B) for deposit in the Blackfeet Irrigation 

11 Project Deferred Maintenance, Four Horns 

12 Dam Safety, and Rehabilitation and Enhance13 ment of the Four Horns Feeder Canal, Dam, 

14 and Reservoir Improvements Account of the 

15 Blackfeet Water Settlement Implementation 

16 Fund established under section 17(b)(2), 

17 $54,900,000, of which— 

18 (i) $40,900,000 shall be made avail19 able for activities and projects under sec20 tion 10(c); and 

21 (ii) $14,000,000 shall be made avail22 able for activities and projects under sec23 tion 10(d)(2); and 

24 (C) for deposit in the St. Mary/Milk Water 

25 Management and Activities Account of the 


SSpencer on DSK4SPTVN1PROD with BILLS
67 

•HR 5633 IH

1 Blackfeet Water Settlement Implementation 

2 Fund established under section 17(b)(3), 

3 $28,100,000, of which— 

4 (i) $27,600,000 shall be allocated in 

5 accordance with section 7(g); and 

6 (ii) $500,000 shall be used to carry 

7 out section 5. 

8 (b) ADJUSTMENTS.— 

9 (1) IN GENERAL.—The adjustment of the 

10 amounts authorized to be appropriated pursuant to 

11 subsection (a)(1) shall occur each time an amount is 

12 appropriated for an account and shall add to, or 

13 subtract from, as applicable, the total amount au14 thorized. 

15 (2) REPETITION.—The adjustment process 

16 under this subsection shall be repeated for each sub17 sequent amount appropriated until the amount au18 thorized, as adjusted, has been appropriated. 

19 (3) TREATMENT.—The amount of an adjust20 ment may be considered— 

21 (A) to be authorized as of the date on 

22 which congressional action occurs; and 

23 (B) in determining the amount authorized 

24 to be appropriated. 


SSpencer on DSK4SPTVN1PROD with BILLS
68 

•HR 5633 IH

1 SEC. 19. WATER RIGHTS IN LEWIS AND CLARK NATIONAL 

2 FOREST AND GLACIER NATIONAL PARK. 

3 The instream flow water rights of the Tribe on land 

4 within the Lewis and Clark National Forest and Glacier 

5 National Park— 

6 (1) are confirmed; and 

7 (2) shall be as described in the document enti8 tled ‘‘Stipulation to Address Claims by and for the 

9 Benefit of the Blackfeet Indian Tribe to Water 

10 Rights in the Lewis & Clark National Forest and 

11 Glacier National Park,’’ dated llllll, and 

12 as finally decreed by the Montana Water Court, or, 

13 if the Montana Water Court is found to lack juris14 diction, by the United States district court with ju15 risdiction. 

16 SEC. 20. WAIVERS AND RELEASES OF CLAIMS. 

17 (a) IN GENERAL.— 

18 (1) WAIVER AND RELEASE OF CLAIMS BY

19 TRIBE AND UNITED STATES AS TRUSTEE FOR

20 TRIBE.—Subject to the reservation of rights and re21 tention of claims under subsection (c), as consider22 ation for recognition of the Tribal water rights and 

23 other benefits as described in the Compact and this 

24 Act, the Tribe, acting on behalf of the Tribe and 

25 members of the Tribe (but not any member of the 

26 Tribe as an allottee), and the United States, acting 


SSpencer on DSK4SPTVN1PROD with BILLS
69 

•HR 5633 IH

1 as trustee for the Tribe and the members of the 

2 Tribe (but not any member of the Tribe as an allot3 tee), shall execute a waiver and release of all claims 

4 for water rights within the State that the Tribe, or 

5 the United States acting as trustee for the Tribe, as6 serted or could have asserted in any proceeding, in7 cluding a State stream adjudication, on or before the 

8 enforceability date, except to the extent that such 

9 rights are recognized in the Compact and this Act. 

10 (2) WAIVER AND RELEASE OF CLAIMS BY

11 UNITED STATES AS TRUSTEE FOR ALLOTTEES.— 

12 Subject to the reservation of rights and the retention 

13 of claims under subsection (c), as consideration for 

14 recognition of the Tribal water rights and other ben15 efits as described in the Compact and this Act, the 

16 United States, acting as trustee for allottees, shall 

17 execute a waiver and release of all claims for water 

18 rights within the Reservation that the United States, 

19 acting as trustee for the allottees, asserted or could 

20 have asserted in any proceeding, including a State 

21 stream adjudication, on or before the enforceability 

22 date, except to the extent that such rights are recog23 nized in the Compact and this Act. 

24 (3) WAIVER AND RELEASE OF CLAIMS BY

25 TRIBE AGAINST UNITED STATES.—Subject to the 


SSpencer on DSK4SPTVN1PROD with BILLS
70 

•HR 5633 IH

1 reservation of rights and retention of claims under 

2 subsection (d), the Tribe, acting on behalf of the 

3 Tribe and members of the Tribe (but not any mem4 ber of the Tribe as an allottee), shall execute a waiv5 er and release of all claims against the United 

6 States (including any agency or employee of the 

7 United States)— 

8 (A) relating to— 

9 (i) water rights within the State that 

10 the United States, acting as trustee for the 

11 Tribe, asserted or could have asserted in 

12 any proceeding, including a stream adju13 dication in the State, except to the extent 

14 that such rights are recognized as Tribal 

15 water rights under this Act; 

16 (ii) damage, loss, or injury to water, 

17 water rights, land, or natural resources 

18 due to loss of water or water rights (in19 cluding damages, losses, or injuries to 

20 hunting, fishing, gathering, or cultural 

21 rights due to loss of water or water rights, 

22 claims relating to interference with, diver23 sion, or taking of water, or claims relating 

24 to failure to protect, acquire, replace, or 

25 develop water, water rights, or water infraVerDate Sep 11 2014 00:31 Jul 08, 2016 Jkt 059200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H5633.IH H5633

SSpencer on DSK4SPTVN1PROD with BILLS
71 

•HR 5633 IH

1 structure) within the State that first ac2 crued at any time on or before the enforce3 ability date; 

4 (iii) a failure to establish or provide a 

5 municipal rural or industrial water delivery 

6 system on the Reservation; 

7 (iv) a failure to provide for operation 

8 or maintenance, or deferred maintenance, 

9 for the Blackfeet Irrigation Project or any 

10 other irrigation system or irrigation project 

11 on the Reservation; 

12 (v) the litigation of claims relating to 

13 the water rights of the Tribe in the State; 

14 and 

15 (vi) the negotiation, execution, or 

16 adoption of the Compact (including exhib17 its) or this Act; 

18 (B) reserved in subsections (b) through (d) 

19 of section 6 of the settlement for the case styled 

20 Blackfeet Tribe v. United States, No. 02–127L 

21 (Fed. Cl. 2012); and 

22 (C) that first accrued at any time on or 

23 before the enforceability date— 

24 (i) arising from the taking or acquisi25 tion of the land of the Tribe or resources 


SSpencer on DSK4SPTVN1PROD with BILLS
72 

•HR 5633 IH

1 for the construction of the features of the 

2 St. Mary Unit of the Milk River Project; 

3 (ii) relating to the construction, oper4 ation, and maintenance of the St. Mary 

5 Unit of the Milk River Project, including 

6 Sherburne Dam, St. Mary Diversion Dam, 

7 St. Mary Canal and associated infrastruc8 ture, and the management of flows in 

9 Swiftcurrent Creek, including the diversion 

10 of Swiftcurrent Creek into Lower St. Mary 

11 Lake; 

12 (iii) relating to the construction, oper13 ation, and management of Lower Two 

14 Medicine Dam and Reservoir and Four 

15 Horns Dam and Reservoir, including any 

16 claim relating to the failure to provide dam 

17 safety improvements for Four Horns Res18 ervoir; or 

19 (iv) relating to the allocation of 

20 waters of the Milk River and St. Mary 

21 River (including tributaries) between the 

22 United States and Canada pursuant to the 

23 International Boundary Waters Treaty of 

24 1909 (36 Stat. 2448). 


SSpencer on DSK4SPTVN1PROD with BILLS
73 

•HR 5633 IH

1 (b) EFFECTIVENESS.—The waivers and releases 

2 under subsection (a) shall take effect on the enforceability 

3 date. 

4 (c) WITHDRAWAL OF OBJECTIONS.—The Tribe shall 

5 withdraw all objections to the water rights claims filed by 

6 the United States for the benefit of the Milk River Project, 

7 except objections to those claims consolidated for adjudica8 tion within Basin 40J, within 14 days of the certification 

9 under section 20(f)(5) that the Tribal membership has ap10 proved the Compact and this Act. 

11 (1) Prior to withdrawal of the objections, the 

12 Tribe may seek leave of the Montana Water Court 

13 for a right to reinstate the objections in the event 

14 the conditions of enforceability in section 20(f) (1) 

15 through (8) are not satisfied by the date of expira16 tion described in section 23 of this Act. 

17 (2) If the conditions of enforceability in section 

18 20(f) (1) through (8) are satisfied, and any author19 ity the Montana Water Court may have granted the 

20 Tribe to reinstate objections described in this section 

21 has not yet expired, the Tribe shall notify the Mon22 tana Water Court and the United States in writing 

23 that it will not exercise any such authority. 

24 (d) RESERVATION OF RIGHTS AND RETENTION OF

25 CLAIMS.—Notwithstanding the waivers and releases under 


SSpencer on DSK4SPTVN1PROD with BILLS
74 

•HR 5633 IH

1 subsection (a), the Tribe, acting on behalf of the Tribe 

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

3 as trustee for the Tribe and allottees, shall retain— 

4 (1) all claims relating to— 

5 (A) enforcement of, or claims accruing 

6 after the enforceability date relating to water 

7 rights recognized under, the Compact, any final 

8 decree, or this Act; 

9 (B) activities affecting the quality of 

10 water, including any claim under— 

11 (i) the Comprehensive Environmental 

12 Response, Compensation, and Liability Act 

13 of 1980 (42 U.S.C. 9601 et seq.), includ14 ing damages to natural resources; 

15 (ii) the Safe Drinking Water Act (42 

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

17 (iii) the Federal Water Pollution Con18 trol Act (33 U.S.C. 1251 et seq.) (com19 monly referred to as the ‘‘Clean Water 

20 Act’’); and 

21 (iv) any regulations implementing the 

22 Acts described in clauses (i) through (iii); 

23 or 

24 (C) damage, loss, or injury to land or nat25 ural resources that are not due to loss of water 


SSpencer on DSK4SPTVN1PROD with BILLS
75 

•HR 5633 IH

1 or water rights (including hunting, fishing, 

2 gathering, or cultural rights); 

3 (2) all rights to use and protect water rights ac4 quired after the date of enactment of this Act; and 

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

6 and powers not specifically waived and released pur7 suant to this Act or the Compact. 

8 (e) EFFECT OF COMPACT AND ACT.—Nothing in the 

9 Compact or this Act— 

10 (1) affects the ability of the United States, act11 ing as a sovereign, to take any action authorized by 

12 law (including any law relating to health, safety, or 

13 the environment), including— 

14 (A) the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9601 et seq.); 

17 (B) the Safe Drinking Water Act (42 

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

19 (C) the Federal Water Pollution Control 

20 Act (33 U.S.C. 1251 et seq.) (commonly re21 ferred to as the ‘‘Clean Water Act’’); and 

22 (D) any regulations implementing the Acts 

23 described in subparagraphs (A) through (C); 


SSpencer on DSK4SPTVN1PROD with BILLS
76 

•HR 5633 IH

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

2 act as trustee for any other Indian tribe or allottee 

3 of any other Indian tribe; 

4 (3) confers jurisdiction on any State court— 

5 (A) to interpret Federal law regarding 

6 health, safety, or the environment; 

7 (B) to determine the duties of the United 

8 States or any other party pursuant to a Federal 

9 law regarding health, safety, or the environ10 ment; or 

11 (C) to conduct judicial review of a Federal 

12 agency action; 

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

14 in an individual capacity that does not derive from 

15 a right of the Tribe; 

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

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

18 02–127L (Fed. Cl. 2012); or 

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

20 a tribal member in the settlement for the case styled 

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

22 2012). 

23 (f) ENFORCEABILITY DATE.—The enforceability date 

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

25 Federal Register a statement of findings that— 


SSpencer on DSK4SPTVN1PROD with BILLS
77 

•HR 5633 IH

1 (1)(A) the Montana Water Court has approved 

2 the Compact, and that decision has become final and 

3 nonappealable; or 

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

5 lack jurisdiction, the appropriate United States dis6 trict court has approved the Compact, and that deci7 sion has become final and nonappealable; 

8 (2) all amounts authorized under section 18(a) 

9 have been appropriated; 

10 (3) the agreements required by sections 6(c), 

11 7(f), and 9(c) have been executed; 

12 (4) the State has appropriated and paid into an 

13 interest-bearing escrow account any payments due 

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

15 under the Compact, the Birch Creek Agreement, and 

16 this Act; 

17 (5) the members of the Tribe have voted to ap18 prove this Act and the Compact by a majority of 

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

20 Secretary and the Tribe; 

21 (6) the Secretary has fulfilled the requirements 

22 of section 9(a); 

23 (7) the agreement or terms and conditions re24 ferred to in section 5 are executed and final; and 


SSpencer on DSK4SPTVN1PROD with BILLS
78 

•HR 5633 IH

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

3 Secretary. 

4 (g) TOLLING OF CLAIMS.— 

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

6 limitation and time-based equitable defense relating 

7 to a claim described in this section shall be tolled 

8 during the period beginning on the date of enact9 ment of this Act and ending on the date on which 

10 the amounts made available to carry out this Act are 

11 transferred to the Secretary. 

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

13 subsection revives any claim or tolls any period of 

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

16 (h) EXPIRATION.—If all appropriations authorized by 

17 this Act have not been made available to the Secretary 

18 by January 21, 2026, the waivers and releases described 

19 in this section shall— 

20 (1) expire; and 

21 (2) have no further force or effect. 

22 (i) VOIDING OF WAIVERS.—If the waivers and re23 leases described in this section are void under subsection 

24 (g)— 


SSpencer on DSK4SPTVN1PROD with BILLS
79 

•HR 5633 IH

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

2 Compact under section 4 shall no longer be effective; 

3 (2) any unexpended Federal funds appropriated 

4 or made available to carry out the activities author5 ized by this Act, together with any interest earned 

6 on those funds, and any water rights or contracts to 

7 use water and title to other property acquired or 

8 constructed with Federal funds appropriated or 

9 made available to carry out the activities authorized 

10 under this Act shall be returned to the Federal Gov11 ernment, unless otherwise agreed to by the Tribe 

12 and the United States and approved by Congress; 

13 and 

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

15 develop property that is returned to the Federal 

16 Government under paragraph (2), the United States 

17 shall be entitled to offset any Federal funds appro18 priated or made available to carry out the activities 

19 authorized under this Act that were expended or 

20 withdrawn, together with any interest accrued, 

21 against any claims against the United States relat22 ing to water rights in the State asserted by the 

23 Tribe or any user of the Tribal water rights or in 

24 any future settlement of the water rights of the 

25 Tribe or an allottee. 


SSpencer on DSK4SPTVN1PROD with BILLS
80 

•HR 5633 IH

1 SEC. 21. SATISFACTION OF CLAIMS. 

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

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

4 complete substitution for, and full satisfaction of all— 

5 (1) claims of the Tribe against the United 

6 States waived and released pursuant to section 

7 20(a); and 

8 (2) objections withdrawn pursuant to section 

9 20(c). 

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

11 allottees under this Act shall be in complete replacement 

12 of, complete substitution for, and full satisfaction of— 

13 (1) all claims waived and released pursuant to 

14 section 20(a)(2); and 

15 (2) any claim of an allottee against the United 

16 States similar in nature to a claim described in sec17 tion 20(a)(2) that the allottee asserted or could have 

18 asserted. 

19 SEC. 22. MISCELLANEOUS PROVISIONS. 

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

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

22 the Department of Justice Appropriation Act, 1953 (43 

23 U.S.C. 666), nothing in this Act waives the sovereign im24 munity of the United States. 

25 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

26 Nothing in this Act quantifies or diminishes any land or 


SSpencer on DSK4SPTVN1PROD with BILLS
81 

•HR 5633 IH

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

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

3 Tribe. 

4 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

5 With respect to any Indian-owned land located within the 

6 Reservation— 

7 (1) the United States shall not submit against 

8 that land any claim for reimbursement of the cost 

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

10 Compact; and 

11 (2) no assessment of that land shall be made 

12 regarding that cost. 

13 (d) LIMITATION ON LIABILITY OF UNITED

14 STATES.— 

15 (1) IN GENERAL.—The United States has no 

16 obligation— 

17 (A) to monitor, administer, or account for, 

18 in any manner, any funds provided to the Tribe 

19 by the State; or 

20 (B) to review or approve any expenditure 

21 of those funds. 

22 (2) INDEMNITY.—The Tribe shall indemnify the 

23 United States, and hold the United States harmless, 

24 with respect to all claims (including claims for 

25 takings or breach of trust) arising from the receipt 


SSpencer on DSK4SPTVN1PROD with BILLS
82 

•HR 5633 IH

1 or expenditure of amounts described in the sub2 section. 

3 (e) EFFECT ON CURRENT LAW.—Nothing in this sec4 tion affects any provision of law (including regulations) 

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

6 Act with respect to preenforcement review of any Federal 

7 environmental enforcement action. 

8 (f) EFFECT ON RECLAMATION LAWS.—The activities 

9 carried out by the Commissioner of Reclamation under 

10 this Act shall not establish a precedent or impact the au11 thority provided under any other provision of the reclama12 tion laws, including— 

13 (1) the Reclamation Rural Water Supply Act of 

14 2006 (43 U.S.C. 2401 et seq.); and 

15 (2) the Omnibus Public Land Management Act 

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

17 (g) IRRIGATION EFFICIENCY IN UPPER BIRCH

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

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

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

21 out this Act shall achieve an irrigation efficiency of not 

22 less than 50 percent. 

23 (h) BIRCH CREEK AGREEMENT APPROVAL.—The 

24 Birch Creek Agreement is approved to the extent that the 


SSpencer on DSK4SPTVN1PROD with BILLS
83 

•HR 5633 IH

1 Birch Creek Agreement requires approval under section 

2 2116 of the Revised Statutes (25 U.S.C. 177). 

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

4 the Compact— 

5 (1) makes an allocation or apportionment of 

6 water between or among States; or 

7 (2) addresses or implies whether, how, or to 

8 what extent the Tribal water rights, or any portion 

9 of the Tribal water rights, should be accounted for 

10 as part of, or otherwise charged against, an alloca11 tion or apportionment of water made to a State in 

12 an interstate allocation or apportionment. 

13 SEC. 23. EXPIRATION ON FAILURE TO MEET ENFORCE14 ABILITY DATE. 

15 If the Secretary fails to publish a statement of find16 ings under section 20(f) by not later than January 21, 

17 2025, or such alternative later date as is agreed to by the 

18 Tribe and the Secretary, after reasonable notice to the 

19 State, as applicable— 

20 (1) this Act expires effective on the later of— 

21 (A) January 22, 2025; and 

22 (B) the day after such alternative later 

23 date as is agreed to by the Tribe and the Sec24 retary; 


SSpencer on DSK4SPTVN1PROD with BILLS
84 

•HR 5633 IH

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

2 contract or agreement entered into pursuant to this 

3 Act shall be void; 

4 (3) any amounts made available under section 

5 18, together with any interest on those amounts, 

6 that remain unexpended shall immediately revert to 

7 the general fund of the Treasury, except for any 

8 funds made available under section 16(e)(2) if the 

9 Montana Water Court denies the Tribe’s request to 

10 reinstate the objections in section 20(c); and 

11 (4) the United States shall be entitled to offset 

12 against any claims asserted by the Tribe against the 

13 United States relating to water rights— 

14 (A) any funds expended or withdrawn from 

15 the amounts made available pursuant to this 

16 Act; and 

17 (B) any funds made available to carry out 

18 the activities authorized by this Act from other 

19 authorized sources, except for any funds pro20 vided under section 16(e)(2) if the Montana 

21 Water court denies the Tribe’s request to rein22 state the objections in section 20(c). 

23 SEC. 24. ANTIDEFICIENCY. 

24 The United States shall not be liable for any failure 

25 to carry out any obligation or activity authorized by this 


SSpencer on DSK4SPTVN1PROD with BILLS
85 

•HR 5633 IH

1 Act (including any obligation or activity under the Com2 pact) if— 

3 (1) adequate appropriations are not provided 

4 expressly by Congress to carry out the purposes of 

5 this Act; or 

6 (2) there are not enough monies available to 

7 carry out the purposes of this Act in the Reclama8 tion Water Settlements Fund established under sec9 tion 10501(a) of the Omnibus Public Land Manage10 ment Act of 2009 (43 U.S.C. 407(a)). 

11 SEC. 25. OFFSETS. 

12 If insufficient funds are appropriated to carry out 

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

14 out this Act such amounts as are necessary from other 

15 amounts made available to the Secretary for that fiscal 

16 year that are not otherwise obligated. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS