II 

112TH CONGRESS 

1ST SESSION S. 399 

To modify the purposes and operation of certain facilities of the Bureau 

of Reclamation to implement the water rights compact among the State 

of Montana, the Blackfeet Tribe of the Blackfeet Indian Reservation 

of Montana, and the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

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

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To modify the purposes and operation of certain facilities 

of the Bureau of Reclamation to implement the water 

rights compact among the State of Montana, the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana, and the United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Rights Settlement Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) the reservation of the Blackfeet Tribe of the 

2 Blackfeet Indian Reservation of Montana was estab3 lished from the aboriginal territory of the Tribe by 

4 the treaty between the Tribe and the United States 

5 dated October 17, 1855 (11 Stat. 657); 

6 (2) water was reserved by the Tribe in that 

7 treaty— 

8 (A) to fulfill the promise of a homeland for 

9 members of the Tribe; and 

10 (B) for the governmental, economic, social, 

11 cultural, and religious well-being of the Tribe 

12 and members of the Tribe; 

13 (3) the water rights of the Tribe have not been 

14 consistently protected by the United States regard15 ing— 

16 (A) the use and allocation of water on the 

17 Reservation, including— 

18 (i) the allocation of water of the St. 

19 Mary River and the Milk River in the trea20 ty between the United States and Great 

21 Britain relating to boundary waters be22 tween the United States and Canada en23 tered into force on May 13, 1910 (36 Stat. 

24 2448); and 


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1 (ii) the diversion of St. Mary River 

2 water for use by the Milk River Project of 

3 the Bureau of Reclamation; and 

4 (B) activities for development carried out 

5 on and off the Reservation by non-members of 

6 the Tribe; 

7 (4) as of the date of enactment of this Act, civil 

8 actions to determine the water rights of the Tribe 

9 are pending in— 

10 (A) the United States District Court for 

11 the District of Montana in the action styled 

12 ‘‘United States v. Aageson’’, numbered CIV– 

13 79–21–GF, and filed on April 5, 1979; and 

14 (B) the Montana Water Court in the ac15 tion styled ‘‘In the Matter of the Adjudication 

16 of the Existing and Reserved Rights to the Use 

17 of Water, Both Surface and Underground, of 

18 the Blackfeet Tribe of the Blackfeet Reserva19 tion within the State of Montana’’ and num20 bered WC–91–1; 

21 (5) to avoid divisive, expensive, and lengthy liti22 gation of the water rights of the Tribe, to resolve 

23 critical issues relating to administration and develop24 ment of those water rights, and to provide for appro25 priate mitigation measures, the Tribe, the State of 


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1 Montana, and the United States have negotiated the 

2 Blackfeet Tribe-Montana Water Rights Compact; 

3 (6) in addition to quantification of the water 

4 rights of the Tribe, development of necessary water 

5 supplies on the Reservation through the planning, 

6 design, and construction of facilities and infrastruc7 ture is essential to carrying out the intent of the 

8 treaty referred to in paragraph (1)— 

9 (A) to create a permanent homeland for 

10 members of the Tribe; 

11 (B) to provide a viable Reservation econ12 omy; and 

13 (C) to implement the Compact; and 

14 (7) to fulfill the trust responsibility of the 

15 United States to Indian tribes and to promote tribal 

16 sovereignty and economic self-sufficiency, it is the 

17 policy of the United States to resolve tribal reserved 

18 water rights claims without lengthy and costly litiga19 tion. 

20 SEC. 3. PURPOSES. 

21 The purposes of this Act are— 

22 (1) to authorize certain projects on the Res23 ervation to implement the Compact, the Birch Creek 

24 Agreement, and this Act in a manner that— 


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1 (A) maximizes the benefits of the water 

2 rights of the Tribe established in the Compact; 

3 and 

4 (B) ensures for the Tribe and members of 

5 the Tribe the benefits of a permanent home6 land, including cultural, economic, social, and 

7 governmental benefits; 

8 (2) to authorize certain modifications of the 

9 purposes and operation of certain Bureau of Rec10 lamation facilities to implement the Compact and 

11 this Act; 

12 (3) to authorize the rehabilitation, improve13 ment, and completion of the Blackfeet Irrigation 

14 Project— 

15 (A) to maximize the benefits of the Black16 feet Irrigation Project for all project water 

17 users; and 

18 (B) to implement the Compact and the 

19 Birch Creek Agreement; 

20 (4) to approve, ratify, and confirm the water 

21 rights Compact; 

22 (5) to require the Secretary of the Interior— 

23 (A) to implement the Compact; and 

24 (B) to carry out the obligations of the 

25 United States under the Compact and this Act; 


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1 (6) to provide for the final resolution of all 

2 water rights claims among— 

3 (A) the United States, on behalf of the 

4 Tribe and members of the Tribe; 

5 (B) the United States, on behalf of the 

6 allottees; 

7 (C) the Tribe, on behalf of the Tribe and 

8 members of the Tribe; and 

9 (D) the State of Montana; and 

10 (7) to authorize the actions, agreements, and 

11 appropriations necessary to implement the Compact 

12 and this Act. 

13 SEC. 4. DEFINITIONS. 

14 In this Act: 

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

16 any individual who owns or holds a trust allotment 

17 or interest in a trust allotment on the Reservation 

18 pursuant to the Act of February 8, 1887 (25 U.S.C. 

19 331; 24 Stat. 388, chapter 119), (commonly known 

20 as the ‘‘General Allotment Act’’), the matter under 

21 the heading ‘‘MONTANA’’ of title II of the Act of 

22 March 1, 1907 (34 Stat. 1035, chapter 2285), and 

23 the Act of June 30, 1919 (41 Stat. 3, chapter 4), 

24 subject to the terms and conditions of those Acts. 


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1 (2) AVAILABLE ST. MARY RIVER WATER.—The 

2 term ‘‘available St. Mary River water’’ means— 

3 (A) water from the St. Mary River allo4 cated to the United States under the treaty be5 tween the United States and Great Britain re6 lating to boundary waters between the United 

7 States and Canada entered into force on May 

8 13, 1910 (36 Stat. 2448), minus the quantity 

9 of water required for the Milk River Project 

10 water right; and 

11 (B) water that is— 

12 (i) otherwise part of the Milk River 

13 Project water right; and 

14 (ii) made available by the United 

15 States to the Tribe without any net reduc16 tion of the legal entitlement to water of 

17 any water user under the jurisdiction of an 

18 entity that is a party to a contract for 

19 water from the Milk River Project water 

20 right, as determined— 

21 (I) initially, by the Secretary; 

22 and 

23 (II) subsequently, by a court of 

24 competent jurisdiction. 


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1 (3) BIRCH CREEK AGREEMENT.—The term 

2 ‘‘Birch Creek Agreement’’ means the agreement be3 tween the Tribe and the State regarding Birch 

4 Creek water use dated January 31, 2008. 

5 (4) BLACKFEET IRRIGATION PROJECT.—The 

6 term ‘‘Blackfeet Irrigation Project’’ means the irri7 gation project on the Reservation authorized by the 

8 matter under the heading ‘‘MONTANA’’ of title II of 

9 the Act of March 1, 1907 (34 Stat. 1035, chapter 

10 2285), and administered by the Bureau of Indian 

11 Affairs. 

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

13 the water rights agreement (including any appendix 

14 or amendment to the agreement) among the Tribe, 

15 the State, and the United States that was— 

16 (A) ratified by the legislature of the State, 

17 as codified in section 85–20–1501 of the Mon18 tana Code Annotated (2009); and 

19 (B) the subject of Blackfeet Resolution No. 

20 184–2008. 

21 (6) JOINT BOARD.—The term ‘‘Joint Board’’ 

22 means the joint board of control of the Milk River 

23 Project established in accordance with State law. 

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

25 means the water impounded on the Marias River in 


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

2 Marias Unit of the Pick-Sloan Missouri River Basin 

3 Program authorized by section 9 of the Act of De4 cember 22, 1944 (commonly known as the ‘‘Flood 

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

6 (8) LAKE SHERBURNE RESERVOIR.—The term 

7 ‘‘Lake Sherburne Reservoir’’ means the storage fa8 cility of the Milk River Project authorized by the 

9 Secretary as part of the St. Mary storage unit on 

10 March 25, 1905. 

11 (9) MILK RIVER PROJECT.— 

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

13 Project’’ means the Bureau of Reclamation 

14 project conditionally approved by the Secretary 

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

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

17 commencing at Lake Sherburne Reservoir and 

18 providing water to a point approximately 6 

19 miles east of Nashua, Montana. 

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

21 Project’’ includes— 

22 (i) the St. Mary storage unit; 

23 (ii) the Fresno Dam; and 

24 (iii) the Dodson pumping unit. 


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1 (10) MILK RIVER PROJECT WATER RIGHT.— 

2 The term ‘‘Milk River Project water right’’ includes 

3 any water right held by the Bureau of Reclamation 

4 on behalf of the Milk River Project, as finally adju5 dicated by the Montana Water Court. 

6 (11) MISSOURI RIVER BASIN.—The term ‘‘Mis7 souri River Basin’’ means the hydrologic basin of 

8 the Missouri River (including tributaries). 

9 (12) MONTANA WATER COURT.—The term 

10 ‘‘Montana Water Court’’ means the court estab11 lished pursuant to chapter 7 of title 3, Montana 

12 Code Annotated, for the adjudication of water rights 

13 in the State. 

14 (13) PONDERA COUNTY CANAL AND RESERVOIR

15 COMPANY PROJECT.—The term ‘‘Pondera County 

16 Canal and Reservoir Company Project’’ means the 

17 project authorized in part by section 4 of the Act of 

18 August 18, 1894 (28 Stat. 422) and lying south of 

19 Birch Creek in Montana Water Court Basin 41M. 

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

21 means the Blackfeet Indian Reservation of Montana, 

22 as in existence on the date of enactment of this Act. 

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

24 term ‘‘St. Mary River water right’’ means the water 

25 right of the Tribe in the St. Mary River established 


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1 by article III.G.1.a.i. of the Compact and imple2 mented in accordance with article IV.D.4 of the 

3 Compact. 

4 (16) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of the Interior. 

6 (17) STATE.—The term ‘‘State’’ means the 

7 State of Montana, including the officers, agencies, 

8 departments, and political subdivisions of that State. 

9 (18) TRIBAL WATER CODE.—The term ‘‘tribal 

10 water code’’ means the code contained in the ordi11 nance of the Tribe numbered 62, adopted by the 

12 business council of the Tribe pursuant to the resolu13 tion numbered 127–80 on May 15, 1980, and ap14 proved by the Blackfeet Indian Agency Super15 intendent of the Bureau of Indian Affairs on May 

16 23, 1980, as amended in accordance with the Com17 pact and this Act. 

18 (19) TRIBAL WATER RIGHT.—The term ‘‘tribal 

19 water right’’ means— 

20 (A) any right of the Tribe (including any 

21 member of the Tribe or allottee) to divert, use, 

22 or store water, as established in the Compact; 

23 (B) any allocation of water to the Tribe 

24 from Lake Elwell pursuant to section 5(c); and 


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1 (C) any allocation of water to the Tribe 

2 from Lake Sherburne Reservoir and the avail3 able St. Mary River water or any other source 

4 pursuant to section 5 that fulfills the St. Mary 

5 River water right of the Tribe under the Com6 pact. 

7 (20) TRIBE.—The term ‘‘Tribe’’ means the 

8 Blackfeet Tribe of the Blackfeet Indian Reservation 

9 of Montana, including the officers, agencies, and de10 partments of that tribe. 

11 (21) WATER RIGHTS ARISING UNDER STATE

12 LAW.—The term ‘‘Water Rights Arising Under State 

13 Law’’ has the meaning given the term in article 

14 II.52 of the Compact. 

15 SEC. 5. RECLAMATION ACTIVITIES. 

16 (a) ST. MARY RIVER.— 

17 (1) ALLOCATION OF WATER.— 

18 (A) IN GENERAL.—In providing to the 

19 Tribe the St. Mary River water right, the Sec20 retary shall allocate to the Tribe 50,000 acre21 feet per year of stored water in Lake Sherburne 

22 Reservoir as part of the tribal water right. 

23 (B) COSTS.—The Tribe shall not be re24 quired to pay any operation, maintenance, or 

25 replacement costs, capital costs, or other costs 


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1 associated with the allocation under subpara2 graph (A). 

3 (C) PROHIBITION ON INCREASE.—The al4 location under subparagraph (A) shall not be 

5 increased by any year-to-year carryover storage. 

6 (2) LEASE OF ALLOCATED WATER.— 

7 (A) AGREEMENT.— 

8 (i) IN GENERAL.—The Tribe and the 

9 Secretary, acting through the Commis10 sioner of Reclamation, shall enter into an 

11 agreement to lease the water allocated to 

12 the Tribe under paragraph (1) for use by 

13 the Secretary for the Milk River Project, in 

14 accordance with such terms and conditions 

15 on which the Tribe and the Secretary may 

16 agree. 

17 (ii) MEDIATION.— 

18 (I) IN GENERAL.—If the Tribe 

19 and the Secretary fail to agree to 

20 terms and conditions as described in 

21 clause (i) by the date that is 1 year 

22 after the date of enactment of this 

23 Act, a mediator acceptable to the 

24 Tribe and the Secretary shall be ap25 pointed by the Chief Judge of the 


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1 United States District Court for the 

2 District of Montana to assist the par3 ties in reaching an agreement. 

4 (II) COSTS.—The costs of a me5 diator appointed under subclause (I) 

6 shall be paid by the Secretary. 

7 (B) EFFECTIVE PERIOD.—A lease under 

8 subparagraph (A) shall remain in effect until 

9 the date described in paragraph (3)(E). 

10 (C) MILK RIVER PROJECT WATER

11 USERS.—No Milk River Project water user or 

12 other entity that is a party to any contract on 

13 behalf of such a water user shall be required to 

14 pay any costs associated with— 

15 (i) the allocation to the Tribe under 

16 paragraph (1); or 

17 (ii) a lease under this paragraph. 

18 (3) IDENTIFICATION OF AVAILABLE ST. MARY

19 RIVER WATER.— 

20 (A) INVESTIGATIONS AND STUDIES.—The 

21 Secretary, in cooperation with the Tribe, may 

22 carry out any appropriate investigation or study 

23 to identify available St. Mary River water to 

24 provide to the Tribe the St. Mary River water 

25 right. 


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1 (B) FACILITIES.—The Secretary may plan, 

2 design, and construct such facilities as the Sec3 retary, the Tribe, and the State determine to be 

4 necessary to provide to the Tribe the St. Mary 

5 River water right. 

6 (C) AGREEMENTS WITH TRIBE.—The Sec7 retary may enter into such cooperative agree8 ments or contracts under the Indian Self-Deter9 mination and Education Assistance Act (25 

10 U.S.C. 450 et seq.) with the Tribe as the Sec11 retary determines to be necessary to carry out 

12 subparagraphs (A) and (B). 

13 (D) MODIFICATIONS TO MILK RIVER

14 PROJECT.—The Secretary, in consultation with 

15 the Tribe, the State, the Fort Belknap Indian 

16 Community, the Joint Board, and other af17 fected stakeholders, may make such modifica18 tions as are necessary to carry out this para19 graph to— 

20 (i) the operating procedures of the 

21 Milk River Project; or 

22 (ii) any federally owned facility of the 

23 Milk River Project. 

24 (E) DATE TO BEGIN USE.—Beginning on 

25 the date on which the Secretary, the Tribe, and 


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1 the State agree in writing that water has been 

2 identified from available St. Mary River water 

3 or any other source, and is available to satisfy 

4 any portion of the St. Mary River water right 

5 in accordance with articles III.G.1.a.i and 

6 IV.D.4 of the Compact— 

7 (i) the Tribe may begin to use that 

8 water; and 

9 (ii) the allocation to the Tribe under 

10 paragraph (1) and the lease under para11 graph (2) shall terminate with respect to 

12 that quantum of water. 

13 (b) MILK RIVER PROJECT RIGHTS-OF-WAY AND

14 EASEMENTS.— 

15 (1) IN GENERAL.—As soon as practicable after 

16 the date of enactment of this Act, but not later than 

17 the enforceability date described in section 12(e), the 

18 Secretary shall resolve all issues relating to the use 

19 by the United States of tribal land or allotted land 

20 for purposes of the Milk River Project, including the 

21 payment to the Tribe and members of the Tribe of 

22 compensation for that use, notwithstanding any 

23 other provision of law, if such compensation— 

24 (A) has not previously been paid; or 

25 (B) was inadequate. 


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1 (2) ACTION BY SECRETARY OF TREASURY.— 

2 Notwithstanding any other provision of law, as soon 

3 as practicable after the date of enactment of this 

4 Act, but not later than the enforceability date de5 scribed in section 12(e), the Secretary of the Treas6 ury shall return to the Tribe all amounts paid by the 

7 Tribe for land relinquished to the Tribe pursuant to 

8 the Act of August 28, 1937 (50 Stat. 864, chapter 

9 868), including interest on those amounts. 

10 (c) LAKE ELWELL.— 

11 (1) ALLOCATION.— 

12 (A) IN GENERAL.—As part of the tribal 

13 water right, the Secretary shall permanently al14 locate to the Tribe all remaining unallocated 

15 water in Lake Elwell, as measured at the outlet 

16 works of the dam, minus any quantity of that 

17 water that may be allocated to the Fort 

18 Belknap Indian Community, as agreed to by 

19 the Tribe and the Fort Belknap Indian Com20 munity, for use by the Tribe for any beneficial 

21 purpose on or off the Reservation. 

22 (B) REQUEST BY TRIBE.—The Secretary 

23 may enter into an agreement with the Tribe to 

24 establish a procedure through which the Tribe 


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1 may request and use the allocation under sub2 paragraph (A). 

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

4 allocation to the Tribe under paragraph (1) shall be 

5 the priority date of the Lake Elwell water right held 

6 by the Bureau of Reclamation. 

7 (3) COSTS.—The Tribe shall not be required to 

8 pay any annual operation, maintenance, or replace9 ment costs, capital costs, or other costs associated 

10 with the allocation under paragraph (1). 

11 (4) AGREEMENTS BY TRIBE.—The Tribe may 

12 use, lease, contract, exchange, or enter into other 

13 agreements for use of the water allocated to the 

14 Tribe under paragraph (1) if— 

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

16 such an agreement occurs within the Missouri 

17 River Basin; and 

18 (B) the agreement does not permanently 

19 alienate any water allocated to the Tribe under 

20 paragraph (1). 

21 (5) EFFECTIVE DATE.—The allocation under 

22 paragraph (1) takes effect on the enforceability date 

23 described in section 12(e). 


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1 (6) PROHIBITION ON INCREASE.—The alloca2 tion under paragraph (1) shall not be increased by 

3 any year-to-year carryover storage. 

4 (7) EFFECT OF SUBSECTION.— 

5 (A) CHIPPEWA CREE TRIBE.—Nothing in 

6 this subsection alters or diminishes the alloca7 tion from Lake Elwell to the Chippewa Cree 

8 Tribe pursuant to the Chippewa Cree Tribe of 

9 The Rocky Boy’s Reservation Indian Reserved 

10 Water Rights Settlement and Water Supply 

11 Enhancement Act of 1999 (Public Law 106– 

12 163; 113 Stat 1778). 

13 (B) NO TRANSPORTATION FACILITIES RE14 QUIREMENT.—Except as otherwise provided in 

15 this Act, nothing in this subsection requires the 

16 United States to provide any facility for trans17 port to the Reservation or any other location of 

18 the water allocated to the Tribe under this sub19 section. 

20 (8) DEVELOPMENT AND DELIVERY COSTS.—Ex21 cept as otherwise provided in this Act, the United 

22 States is not required to pay the cost of developing 

23 or delivering to the Reservation any water allocated 

24 under this subsection. 

25 (d) BLACKFEET IRRIGATION PROJECT.— 


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1 (1) IN GENERAL.—The Secretary shall carry 

2 out such activities as are necessary relating to— 

3 (A) planning, design, and construction for 

4 rehabilitation and improvement of the Blackfeet 

5 Irrigation Project; and 

6 (B) the completion to authorized acreage 

7 of the Blackfeet Irrigation Project. 

8 (2) FOUR HORNS DAM AND RESERVOIR.— 

9 (A) IN GENERAL.—The Secretary shall 

10 carry out such activities as are necessary relat11 ing to planning, design, and construction for re12 habilitation and improvement of the Four 

13 Horns Dam and Reservoir and associated deliv14 ery systems of the Blackfeet Irrigation Project, 

15 including— 

16 (i) the rehabilitation and improvement 

17 of the Four Horns feeder canal system to 

18 a capacity of not less than 300 cubic feet 

19 per second; 

20 (ii) the enlargement to maximum 

21 practical capacity of the off-stream Four 

22 Horns Dam and Reservoir; 

23 (iii) construction of facilities to deliver 

24 not less than 15,000 acre-feet of water per 

25 year from the enlarged Four Horns Dam 


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1 and Reservoir to a point on Birch Creek to 

2 be designated by the Tribe and the State 

3 for delivery of water to the water delivery 

4 system of the Pondera County Canal and 

5 Reservoir Company Project; 

6 (iv) rehabilitation and improvement of 

7 the outlet canal delivery system from Four 

8 Horns Dam and Reservoir to Blacktail 

9 Creek; 

10 (v) rehabilitation and improvement of 

11 the Badger-Fisher main canal; and 

12 (vi) measures to enhance on-farm effi13 ciency in the Badger-Fisher irrigation unit 

14 of the Blackfeet Irrigation Project. 

15 (B) COOPERATIVE AGREEMENT.—On re16 ceipt of a request by the Tribe, the Secretary 

17 shall enter into a cooperative agreement or con18 tract under the Indian Self-Determination and 

19 Education Assistance Act (25 U.S.C. 450 et 

20 seq.) with the Tribe to carry out the activities 

21 under this paragraph. 

22 (C) ALLOCATION OF EXCESS WATER.— 

23 Notwithstanding any other provision of law, on 

24 completion of the activities under this para25 graph, the Secretary shall allocate to the Tribe, 


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1 at no cost, all stored water in Four Horns Res2 ervoir in excess of the quantity of water nec3 essary to serve the land within the Blackfeet Ir4 rigation Project, but not less than 15,000 acre5 feet, for— 

6 (i) fulfillment of the obligations of the 

7 Tribe under the Birch Creek Agreement to 

8 deliver water to holders of Water Rights 

9 Arising Under State Law in Birch Creek; 

10 and 

11 (ii) use or lease by the Tribe for any 

12 purpose in accordance with this Act, the 

13 Compact, and the Birch Creek Agreement. 

14 (D) IDENTIFICATION OF FACILITIES.— 

15 (i) IN GENERAL.—The Tribe, the 

16 State, and the Regional Director of the 

17 Great Plains Region of the Bureau of Rec18 lamation, in consultation with the Bureau 

19 of Indian Affairs, shall— 

20 (I) identify each facility or por21 tion of a facility to be constructed, re22 habilitated, or improved primarily for 

23 the purpose of providing to the Tribe 

24 the allocation under subparagraph 

25 (C); and 


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1 (II) agree on the ownership, op2 eration, maintenance, and replacement 

3 obligations associated with those fa4 cilities and portions of facilities. 

5 (ii) COSTS.—No Blackfeet Irrigation 

6 Project water user or holder of Water 

7 Rights Arising Under State law in Birch 

8 Creek shall be required to pay any costs 

9 associated with any facility or portion of a 

10 facility identified under clause (i). 

11 (E) STATE CONTRIBUTION.—As a condi12 tion of ratification of the Compact by this Act, 

13 the State shall contribute to the cost of the ac14 tivities under this paragraph not less than 

15 $20,000,000. 

16 (3) TRANSFER OF TITLE.— 

17 (A) IN GENERAL.—Notwithstanding any 

18 other provision of law, on receipt of a request 

19 by the Tribe, the Secretary shall transfer to the 

20 Tribe, at no cost, title in and to each facility, 

21 asset, and other property of the Blackfeet Irri22 gation Project. 

23 (B) OWNERSHIP.—On transfer of title 

24 under subparagraph (A), the Blackfeet IrrigaVerDate Mar 15 2010 02:00 Feb 19, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S399.IS S399

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1 tion Project shall be considered to be owned, 

2 operated, and managed by the Tribe. 

3 (C) OPERATION AND MAINTENANCE.—The 

4 Tribe shall promulgate criteria and procedures, 

5 subject to the approval of the Secretary, under 

6 which the Tribe shall operate and maintain the 

7 Blackfeet Irrigation Project, including— 

8 (i) a due process system for the con9 sideration and determination of any re10 quest by a water user for an allocation of 

11 water that provides protection not less 

12 stringent than the protection available 

13 under Federal law, including a process 

14 for— 

15 (I) appeal and adjudication of de16 nied or disputed distributions of 

17 water; and 

18 (II) resolution of contested ad19 ministrative decisions; and 

20 (ii) a system for establishing water 

21 rates, including the processes described in 

22 subclauses (I) and (II) of clause (i). 

23 (4) IRRIGATION EFFICIENCY IN UPPER BIRCH

24 DRAINAGE.—Any activity carried out by the Tribe in 

25 the Upper Birch Drainage (as defined in article 


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1 II.50 of the Compact) using funds made available 

2 under this Act shall achieve an irrigation efficiency 

3 of not less than 50 percent. 

4 (e) RECLAMATION WATER SETTLEMENTS FUND.— 

5 In carrying out this section, the Secretary may use 

6 amounts in the Reclamation Water Settlements Fund es7 tablished by subsection (a) of section 10501 of the Omni8 bus Public Land Management Act of 2009 (43 U.S.C. 

9 407) pursuant to subsection (c)(3)(B)(iii) of that section. 

10 SEC. 6. APPROVAL OF COMPACT AND BIRCH CREEK AGREE11 MENT. 

12 (a) RATIFICATION.— 

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

14 Act, and to the extent that the Compact and the 

15 Birch Creek Agreement do not conflict with this Act, 

16 the Compact and the Birch Creek Agreement are 

17 authorized, ratified, and confirmed. 

18 (2) AMENDMENTS.—To the extent that any 

19 amendment is executed to ensure that the Compact 

20 or the Birch Creek Agreement is consistent with this 

21 Act, the amendment is authorized, ratified, and con22 firmed. 

23 (b) EXECUTION.— 

24 (1) IN GENERAL.—To the extent that the Com25 pact and the Birch Creek Agreement do not conflict 


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1 with this Act, the Secretary shall promptly execute 

2 the Compact and the Birch Creek Agreement. 

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

4 subsection precludes the Secretary from approving a 

5 modification to any appendix or exhibit to the Com6 pact or the Birch Creek Agreement that is not in7 consistent with this Act, subject to section 2116 of 

8 the Revised Statutes (25 U.S.C. 177) and other ap9 plicable Federal law (including regulations). 

10 (c) ACTION BY OTHER DEPARTMENTS AND AGEN11 CIES.—The Secretary and the head of each other appro12 priate Federal department or agency shall carry out such 

13 activities as are necessary to implement the Compact, the 

14 Birch Creek Agreement, and this Act. 

15 SEC. 7. TRIBAL WATER RIGHT. 

16 (a) TREATMENT.—The tribal water right— 

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

18 for the benefit of the Tribe; and 

19 (2) shall not be subject to loss by abandonment, 

20 forfeiture, or nonuse. 

21 (b) ALLOTTEE ENTITLEMENTS.—Each allottee shall 

22 be entitled to a just and equitable allocation of the tribal 

23 water right for irrigation purposes pursuant to section 7 

24 of the Act of February 8, 1887 (25 U.S.C. 381), in ac25 cordance with the Compact and the tribal water code. 


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1 (c) FEDERAL RESERVED WATER RIGHTS.—Any 

2 right to Federal reserved water of a member of the Tribe, 

3 an allottee, or an owner of fee land within the boundaries 

4 of the Reservation shall be— 

5 (1) considered to be satisfied by the tribal water 

6 right; and 

7 (2) governed in accordance with the terms and 

8 conditions of the Compact, this Act, and the tribal 

9 water code (including any applicable requirement to 

10 obtain a permit under the tribal water code). 

11 (d) LIMITATION ON CERTAIN CLAIMS.—Notwith12 standing any other provision of law, no claim to a Federal 

13 reserved water right of an owner of fee land that was with14 in the boundaries of the Reservation on June 30, 1996, 

15 as the successor to an allottee may be sustained as a mat16 ter of Federal law if the claim was not filed in the Mon17 tana water rights adjudication (Mont. Code Ann. 85–2– 

18 212, et seq.) by the required filing date. 

19 (e) TRIBAL WATER CODE.— 

20 (1) AMENDMENTS.—Not later than 180 days 

21 after the date of enactment of this Act, the Tribe 

22 shall amend the tribal water code, subject to the ap23 proval of the Secretary under paragraph (2)(A), as 

24 necessary to administer the tribal water right in ac25 cordance with article IV.C of the Compact. 


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1 (2) APPROVAL REQUIRED.— 

2 (A) IN GENERAL.—No provision of the 

3 tribal water code (or any amendment to the 

4 tribal water code) that affects any right of an 

5 allottee shall take effect until the date on which 

6 the provision is approved by the Secretary. 

7 (B) INTERIM ADMINISTRATION.— 

8 (i) IN GENERAL.—During the period 

9 beginning on the date of amendment of the 

10 tribal water code under paragraph (1) and 

11 ending on the date of approval of the 

12 amendment by the Secretary under sub13 paragraph (A), the tribal water right shall 

14 be administered by the Tribe pursuant to 

15 the tribal water code as in existence on the 

16 day before the date of enactment of this 

17 Act, to the extent that the tribal water 

18 code is not inconsistent with the Compact 

19 and this Act. 

20 (ii) INCONSISTENCIES.—If any incon21 sistency exists between the tribal water 

22 code as in existence on the day before the 

23 date of enactment of this Act and the 

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1 sion of the Compact or this Act shall con2 trol. 

3 (3) EXHAUSTION OF REMEDIES.—No member 

4 of the Tribe, allottee, or owner of fee land within the 

5 boundaries of the Reservation shall file against the 

6 United States a claim relating to water under the 

7 tribal water right pursuant to section 7 of the Act 

8 of February 8, 1887 (25 U.S.C. 381), or any other 

9 provision of law or otherwise request relief from the 

10 Secretary until the member, allottee, or owner ex11 hausts each applicable remedy under the tribal water 

12 code or other applicable tribal or Federal law. 

13 (f) LEASE OF TRIBAL WATER RIGHT.— 

14 (1) IN GENERAL.—The Tribe, without approval 

15 of the Secretary, may lease any portion of the tribal 

16 water right in accordance with article IV.D.2 of the 

17 Compact for use off the Reservation within the Mis18 souri River Basin, subject to the tribal water code 

19 and the terms and conditions of the Compact and 

20 applicable Federal law. 

21 (2) USE OF FUNDS.—Any funds paid to the 

22 Tribe under a lease under this subsection shall be 

23 the property of the Tribe, and the United States 

24 shall have no trust or other obligation to monitor, 

25 administer, or account for the funds. 


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1 (3) PROHIBITION ON PERMANENT ALIEN2 ATION.—No portion of the tribal water right may be 

3 permanently alienated pursuant to a lease under this 

4 subsection. 

5 SEC. 8. BLACKFEET LAND AND WATER DEVELOPMENT 

6 FUND. 

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

8 the Treasury of the United States a fund, to be known 

9 as the ‘‘Blackfeet Land and Water Development Fund’’ 

10 (referred to in this section as the ‘‘Fund’’), to be used 

11 to pay or reimburse costs incurred by the Tribe for— 

12 (1) the acquisition of land or water rights; 

13 (2) water resources planning, development, and 

14 construction, including storage and irrigation; 

15 (3) agricultural development; 

16 (4) restoring or improving fish or wildlife habi17 tat; 

18 (5) fish or wildlife production; 

19 (6) any other water storage project, land or 

20 land-related project, or water or water-related 

21 project; 

22 (7) cultural preservation; 

23 (8)(A) the operation and maintenance of water 

24 and water-related projects; and 


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1 (B) environmental compliance relating to those 

2 projects constructed under this Act; 

3 (9) development and support of administrative 

4 infrastructure to implement the Compact, the Birch 

5 Creek Agreement, and this Act, including the devel6 opment of the tribal water code; 

7 (10) design and construction of water supply 

8 and sewer systems and related facilities for tribal 

9 communities; 

10 (11) measures to address environmental condi11 tions on the Reservation; and 

12 (12) water-related economic development 

13 projects. 

14 (b) MANAGEMENT.—The Secretary shall manage the 

15 Fund in accordance with the American Indian Trust Fund 

16 Management Reform Act of 1994 (25 U.S.C. 4001 et 

17 seq.), this Act, and the Compact. 

18 (c) INVESTMENT.—The Secretary shall invest 

19 amounts in the Fund in accordance with— 

20 (1) the Act of April 1, 1880 (25 U.S.C. 161); 

21 and 

22 (2) the first section of the Act of June 24, 

23 1938 (25 U.S.C. 162a). 


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1 (d) NO FISCAL YEAR LIMITATION.—Amounts made 

2 available under this Act shall be available for expenditure 

3 or withdrawal without fiscal year limitation. 

4 (e) EXPENDITURES AND WITHDRAWALS.— 

5 (1) TRIBAL MANAGEMENT PLAN.— 

6 (A) IN GENERAL.—The Tribe may with7 draw any portion of amounts in the Fund on 

8 approval by the Secretary of a tribal manage9 ment plan under the American Indian Trust 

10 Fund Management Reform Act of 1994 (25 

11 U.S.C. 4001 et seq.). 

12 (B) REQUIREMENTS.—In addition to the 

13 requirements under that Act (25 U.S.C. 4001 

14 et seq.), the tribal management plan shall re15 quire that the Tribe shall use any amounts 

16 withdrawn from the Fund for the purposes de17 scribed in subsection (a). 

18 (C) ACTION BY SECRETARY.—The Sec19 retary may take judicial or administrative ac20 tion to enforce the provisions of a tribal man21 agement plan to ensure that amounts with22 drawn from the Fund under the plan are used 

23 in accordance with this Act and the Compact. 

24 (D) LIABILITY.—On withdrawal by the 

25 Tribe of amounts in the Fund, the Secretary 


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1 and the Secretary of the Treasury shall not re2 tain liability for the expenditure or investment 

3 of those amounts. 

4 (2) EXPENDITURE PLAN.— 

5 (A) IN GENERAL.—The Tribe shall submit 

6 to the Secretary for approval an expenditure 

7 plan for any portion of the amounts in the 

8 Fund that the Tribe does not withdraw pursu9 ant to this subsection. 

10 (B) DESCRIPTION.—The expenditure plan 

11 shall describe the manner in which, and the 

12 purposes for which, the amounts remaining in 

13 the Fund will be used. 

14 (C) APPROVAL.—The Secretary shall ap15 prove an expenditure plan under this paragraph 

16 if the Secretary determines that the plan is— 

17 (i) reasonable; and 

18 (ii) consistent with this Act and the 

19 Compact. 

20 (3) REPORTS.—The Tribe shall submit to the 

21 Secretary an annual report that describes each ex22 penditure from the Fund during the year covered by 

23 the report. 


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1 (f) PER CAPITA DISTRIBUTIONS.—No portion of the 

2 Fund or the income accruing to the Fund shall be distrib3 uted to any member of the Tribe on a per capita basis. 

4 SEC. 9. BIRCH CREEK MITIGATION FUND. 

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

6 Treasury of the United States a fund, to be known as the 

7 ‘‘Birch Creek Mitigation Fund’’ (referred to in this section 

8 as the ‘‘Fund’’) to be used to mitigate the impacts of de9 velopment of the tribal water right described in article 

10 III.C.1. of the Compact on the Birch Creek water supplies 

11 of the Pondera County Canal and Reservoir Company 

12 Project. 

13 (b) MANAGEMENT.—The Secretary, acting through 

14 the Commissioner of Reclamation, shall manage the Fund 

15 in accordance with this section. 

16 (c) DISBURSEMENT OF FUND.—Amounts from the 

17 Fund may not be disbursed until the expiration of the 

18 term of the Birch Creek Agreement. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to carry out this section 

21 such sums as are necessary. 

22 SEC. 10. WATER RIGHTS IN LEWIS AND CLARK NATIONAL 

23 FOREST. 

24 As part of the tribal water right, the Tribe shall hold 

25 the rights to water in the Lewis and Clark National Forest 


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1 identified in the applicable claims filed by the United 

2 States on behalf of the Tribe, as those claims are finally 

3 decreed by the Montana Water Court. 

4 SEC. 11. MILK RIVER WATER RIGHTS. 

5 (a) IDENTIFICATION OF ALTERNATIVES.—The Sec6 retary shall identify and implement alternatives to resolve 

7 any conflict between the Milk River water rights of the 

8 Tribe and the Fort Belknap Indian Community in a man9 ner that ensures that the full allocation of the water rights 

10 of each Indian tribe under the water rights compacts of 

11 the Indian tribes are fully satisfied. 

12 (b) AGREEMENT OF TRIBES.—The Secretary shall 

13 obtain the agreement of the Tribe and the Fort Belknap 

14 Indian Community to any alternative identified under sub15 section (a). 

16 (c) FUNDING.—Amounts used by the Secretary to 

17 implement any alternative identified under subsection (a) 

18 shall be in addition to the amounts authorized for the 

19 water rights settlements of the Tribe and the Fort 

20 Belknap Indian Community. 

21 SEC. 12. WAIVERS AND RELEASES OF CLAIMS. 

22 (a) WAIVER AND RELEASE OF CLAIMS BY TRIBE AND

23 UNITED STATES AS TRUSTEE FOR TRIBE.—As a condi24 tion for recognition of the tribal water right and other ben25 efits under the Compact and this Act and subject to the 


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1 retention of claims and rights under subsection (c), the 

2 Tribe and the United States, acting as trustee for the 

3 Tribe and the allottees, shall waive and release each claim 

4 for a water right that is or could be asserted in the civil 

5 action styled ‘‘In the Matter of the Adjudication of the 

6 Existing and Reserved Rights to the Use of Water, Both 

7 Surface and Underground, of the Blackfeet Tribe of the 

8 Blackfeet Reservation within the State of Montana’’ and 

9 numbered WC–91–1, except to the extent that such a 

10 claim is recognized in the Compact or this Act. 

11 (b) CLAIMS AGAINST UNITED STATES.—As a condi12 tion of receiving the tribal water right and other benefits 

13 under the Compact and this Act and subject to the reten14 tion of claims and rights under subsection (c), the Tribe 

15 shall waive and release each claim against the United 

16 States— 

17 (1) for a water right that is or could be as18 serted in the civil action referred to in subsection 

19 (a); 

20 (2) for failure to protect, acquire, replace, or 

21 develop any water right that accrued as of the date 

22 of enactment of this Act; or 

23 (3) arising from the negotiation or adoption of 

24 the Compact. 


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1 (c) RETENTION OF CERTAIN CLAIMS AND RIGHTS.— 

2 Notwithstanding the waivers and releases required under 

3 this section, the Tribe and the United States, acting as 

4 trustee for the Tribe and the allottees, shall retain— 

5 (1) all claims for enforcement of— 

6 (A) the Compact; 

7 (B) any consent decree that settles a water 

8 right claim of the Tribe; or 

9 (C) this Act; 

10 (2) all rights to use and protect any water right 

11 acquired after the date of enactment of this Act; 

12 (3) all claims to water rights filed by the 

13 United States on behalf of the Tribe in Glacier Na14 tional Park for rights retained under the agreement 

15 dated September 19, 1895, and ratified on June 10, 

16 1896 (29 Stat. 321, chapter 398), unless the water 

17 right claims are dismissed in their entirety on entry 

18 of a final nonappelable decision by a court of com19 petent jurisdiction in any civil action to which the 

20 Tribe is a party; 

21 (4) all claims relating to activities affecting 

22 quality of water; and 

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

24 and powers not specifically waived and released pur25 suant to the Compact or this Act. 


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1 (d) EFFECTIVE DATE OF RELEASE AND WAIVERS.— 

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

3 enforceability date. 

4 (e) ENFORCEABILITY DATE.— 

5 (1) IN GENERAL.—The enforceability date is 

6 the date on which the Secretary publishes in the 

7 Federal Register a statement of findings that— 

8 (A) all parties to the Compact have exe9 cuted the Compact; 

10 (B) the Montana Water Court has issued 

11 a final judgment and decree approving the 

12 Compact, or if the Montana Water Court lacks 

13 jurisdiction, the United States district court for 

14 the appropriate jurisdiction has approved the 

15 Compact as a consent decree, and that approval 

16 is final; 

17 (C) the Compact has been ratified by a 

18 majority of eligible members of the Tribe voting 

19 in a referendum conducted by the Tribe pursu20 ant to tribal law; 

21 (D) the waivers and releases under sub22 section (a) have been executed by the Tribe and 

23 the Secretary; 


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1 (E) the Tribe and the Secretary have en2 tered into the agreement described in section 

3 5(a)(2)(A); 

4 (F) the Secretary has fulfilled the require5 ments of section 5(b)(1); and 

6 (G) the amounts authorized to be appro7 priated under section 14 have been appro8 priated. 

9 (2) EFFECT OF FAILURE TO PUBLISH.—If the 

10 Secretary fails to publish a statement of findings 

11 under paragraph (1) by December 31, 2016, or such 

12 extended date as is agreed to by the Tribe and the 

13 Secretary after reasonable notice to the State— 

14 (A) the ratification of the Compact is void; 

15 (B) the waivers and release of claims 

16 under this Act are nullified; 

17 (C) the authority provided by this Act shall 

18 terminate; and 

19 (D) any unexpended or uncommitted funds 

20 made available under section 14 shall revert to 

21 the general fund of the Treasury. 

22 (3) TOLLING OF CLAIMS.— 

23 (A) IN GENERAL.—Each applicable period 

24 of limitation and time-based equitable defense 

25 relating to a claim described in this section 


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1 shall be tolled for the period beginning on the 

2 date of enactment of this Act and ending on the 

3 date on which the amounts authorized to be ap4 propriated to carry out this Act are appro5 priated. 

6 (B) EFFECT OF SUBSECTION.—Nothing in 

7 this subsection revives any claim or tolls any 

8 period of limitation or time-based equitable de9 fense that expired before the date of enactment 

10 of this Act. 

11 (f) EFFECT.—Nothing in the Compact or this Act— 

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

13 carry out any action— 

14 (A) authorized by law (including regula15 tions), including any law relating to health, 

16 safety, or the environment (including the Fed17 eral Water Pollution Control Act (33 U.S.C. 

18 1251 et seq.), the Safe Drinking Water Act (42 

19 U.S.C. 300f et seq.), the Comprehensive Envi20 ronmental Response, Compensation, and Liabil21 ity Act of 1980 (42 U.S.C. 9601 et seq.), and 

22 the Solid Waste Disposal Act (42 U.S.C. 6901 

23 et seq.)); or 

24 (B) as trustee for any other Indian tribe or 

25 the allottees; or 


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1 (2) confers jurisdiction on any State court— 

2 (A) to enforce Federal environmental law 

3 regarding the duties of the United States; or 

4 (B) to conduct judicial review of a Federal 

5 agency action. 

6 SEC. 13. MISCELLANEOUS PROVISIONS. 

7 (a) CONSENT TO JURISDICTION.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the United States consents to the juris10 diction of— 

11 (A) the Blackfeet-Montana Compact Board 

12 to achieve resolution of any dispute under the 

13 Compact; and 

14 (B) any court of competent jurisdiction for 

15 the enforcement of a decision of that board. 

16 (2) EXCEPTION.—The consent of the United 

17 States to jurisdiction under paragraph (1) does not 

18 extend to any civil action for monetary damages, 

19 costs, or attorney’s fees. 

20 (b) NO EFFECT ON OTHER INDIAN TRIBES.—Noth21 ing in this Act quantifies or diminishes any land or water 

22 right, or any claim or entitlement to land or water, of an 

23 Indian tribe other than the Tribe. 

24 (c) NO MAJOR FEDERAL ACTION.—The execution of 

25 the Compact by the Secretary shall not constitute a major 


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1 Federal action under the National Environmental Policy 

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

3 (d) COMPLIANCE WITH FEDERAL LAW.—In carrying 

4 out the Compact, the Secretary shall comply with— 

5 (1) the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.); 

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

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

9 (3) all other applicable Federal environmental 

10 law (including regulations). 

11 (e) SEEKING OTHER FUNDS.—Nothing in this Act 

12 prohibits the Tribe from seeking additional funds for trib13 al programs or purposes or other funds from the United 

14 States or the State based on the status of the Tribe as 

15 an Indian tribe. 

16 (f) ACQUISITION AND EXERCISE OF OTHER WATER

17 RIGHTS.—Nothing in this Act or the Compact precludes 

18 the acquisition or exercise of— 

19 (1) a State water right by the Tribe or any 

20 member of the Tribe outside the Reservation 

21 through purchase of the right, establishment of title 

22 to land outside the Reservation, or submission of an 

23 application in accordance with State law, except as 

24 provided in article III.J of the Compact; or 


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1 (2) a Federal reserved water right associated 

2 with Federal land outside the Reservation as the re3 sult of— 

4 (A) the transfer of that land to the Tribe; 

5 or 

6 (B) the establishment of title by the Tribe 

7 to the land. 

8 (g) OBJECTIONS TO CLAIMS.—Nothing in this Act or 

9 the Compact prohibits the Tribe, a member of the Tribe, 

10 an allottee, or the United States in any capacity from ob11 jecting to any claim to a water right filed in any general 

12 stream adjudication in the Montana Water Court. 

13 (h) IMPORT AND STORAGE IN BASINS.—Nothing in 

14 this Act or the Compact prevents the Tribe from partici15 pating in any project to import water to, or improve stor16 age in, any basin affecting the Reservation. 

17 (i) ENFORCEMENT OF EXISTING LAW; DAMAGE

18 CLAIMS.—Nothing in the Compact or this Act limits— 

19 (1) the ability of the United States, the State, 

20 or the Tribe to enforce any Federal, State, or tribal 

21 law (including common law) relating to the protec22 tion of the environment; or 

23 (2) the right to bring any claim of the Tribe, 

24 a member of the Tribe, or an allottee, or of the 


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1 United States on behalf of the Tribe, a member of 

2 the Tribe, or an allottee, for— 

3 (A) damage to water quality on the Res4 ervation; or 

5 (B) depletion of surface flows or ground6 water. 

7 (j) NO PRECEDENT.—Nothing in this Act establishes 

8 a precedent in any civil action relating to— 

9 (1) a reserved water right; or 

10 (2) the interpretation or administration of any 

11 compact between the United States and any State. 

12 (k) NO EFFECT ON SERVICES OR PROGRAMS FOR IN13 DIANS.—No payment made or benefit provided pursuant 

14 to this Act shall result in the reduction or denial of any 

15 Federal service or program to any Indian tribe or member 

16 of an Indian tribe to which the Indian tribe or member 

17 is otherwise entitled or eligible for because of— 

18 (1) the status of the Tribe as a federally recog19 nized Indian tribe; or 

20 (2) the status of such a member as an Indian. 

21 (l) PREFERENCE.—Applications of the Tribe shall be 

22 given preference under section 7(a) of the Federal Power 

23 Act (16 U.S.C. 800(a)) for issuance of any preliminary 

24 permit or license involving a Federal facility within the 

25 Reservation. 


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1 (m) CONFLICTS BETWEEN ACT AND COMPACT.—If 

2 a provision of this Act conflicts with a provision of the 

3 Compact, the provision of this Act shall prevail. 

4 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) ST. MARY RIVER ALLOCATION.—There are au6 thorized to be appropriated to the Secretary such sums 

7 as are necessary to carry out section 5(a). 

8 (b) BLACKFEET IRRIGATION PROJECT.—There is au9 thorized to be appropriated to the Secretary to carry out 

10 section 5(d) $125,000,000, adjusted as appropriate based 

11 on ordinary fluctuations during the period beginning on 

12 May 1, 2011, and ending on the date on which that 

13 amount is appropriated in construction cost indices appli14 cable to the types of construction involved in the rehabili15 tation and improvement activities under that section. 

16 (c) BLACKFEET LAND AND WATER DEVELOPMENT

17 FUND.—There is authorized to be appropriated to the 

18 Secretary for deposit in the Blackfeet Land and Water 

19 Development Fund established by section 8(a) 

20 $93,200,000 for each of fiscal years 2012 through 2016. 

21 (d) MILK RIVER WATER RIGHTS.—There are author22 ized to be appropriated to the Secretary such sums as are 

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1 tation of alternatives identified under subsection (a) of 

2 that section). 

Æ 


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