II 

113TH CONGRESS 

1ST SESSION S. 434 

To authorize and implement the water rights compact among the Blackfeet 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2013 

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 authorize and implement the water rights compact among 

the Blackfeet Tribe of the Blackfeet Indian Reservation 

and the State of Montana, 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 2013’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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

4 (A) the Blackfeet Tribe of the Blackfeet 

5 Indian Reservation; and 

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

7 the Tribe and allottees; 

8 (2) to approve, 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 require the Secretary of the Interior— 

13 (A) to execute the Compact; and 

14 (B) to carry out any other activity nec15 essary to carry out the Compact in accordance 

16 with this Act; and 

17 (4) to authorize funds necessary for the imple18 mentation of the Compact and this Act. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

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

22 any individual who holds a beneficial real property 

23 interest in an allotment of Indian land that is— 

24 (A) located within the Reservation; and 

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


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

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

3 (A) water from the St. Mary River allo4 cated to the United States under the Inter5 national Boundary Waters Treaty of 1909 be6 tween the United States and Great Britain re7 lating to boundary waters between the United 

8 States and Canada entered into force on May 

9 13, 1910 (36 Stat. 2448), minus the quantity 

10 of water required for the Milk River Project 

11 water right; and 

12 (B) water that is— 

13 (i) otherwise part of the Milk River 

14 Project water right; and 

15 (ii) made available by the United 

16 States to the Tribe without any net reduc17 tion of the legal entitlement to water of 

18 any water user under the jurisdiction of an 

19 entity that is a party to a contract for 

20 water from the Milk River Project water 

21 right, as determined— 

22 (I) initially, by the Secretary; 

23 and 

24 (II) subsequently, by a court of 

25 competent jurisdiction. 


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1 (3) BIRCH CREEK AGREEMENT.—The term 

2 ‘‘Birch Creek Agreement’’ means— 

3 (A) the agreement between the Tribe and 

4 the State regarding Birch Creek water use 

5 dated January 31, 2008, as amended on Feb6 ruary 13, 2009; and 

7 (B) any amendment or exhibit (including 

8 exhibit amendments) to that agreement that is 

9 executed in accordance with this Act. 

10 (4) BIRCH CREEK MITIGATION PROJECT.—The 

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

12 project necessary to provide water from Four Horns 

13 Reservoir to State water rights users on Birch Creek 

14 in fulfillment of the obligations of the Tribe under 

15 the Birch Creek Agreement. 

16 (5) BLACKFEET IRRIGATION PROJECT.—The 

17 term ‘‘Blackfeet Irrigation Project’’ means the irri18 gation project authorized by the matter under the 

19 heading ‘‘MONTANA’’ of title II of the Act of March 

20 1, 1907 (34 Stat. 1035, chapter 2285), and admin21 istered by the Bureau of Indian Affairs. 

22 (6) COMPACT.—The term ‘‘Compact’’ means— 

23 (A) the Blackfeet-Montana water rights 

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1 tained in section 85–20–1501 of the Montana 

2 Code Annotated (2011); and 

3 (B) any amendment or exhibit (including 

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

6 (7) ENFORCEABILITY DATE.—The term ‘‘en7 forceability date’’ means the date described in sec8 tion 19(e). 

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

10 means the water impounded on the Marias River in 

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

12 Marias Unit of the Pick-Sloan Missouri River Basin 

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

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

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

17 basin’’ means the main stem of the Milk River (in18 cluding tributaries), from the headwaters of that 

19 river to the confluence with the Missouri River. 

20 (10) MILK RIVER PROJECT.— 

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

22 Project’’ means the Bureau of Reclamation 

23 project conditionally approved by the Secretary 

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

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


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1 commencing at Lake Sherburne Reservoir and 

2 providing water to a point approximately 6 

3 miles east of Nashua, Montana. 

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

5 Project’’ includes— 

6 (i) the St. Mary storage unit; 

7 (ii) the Fresno Dam; and 

8 (iii) the Dodson pumping unit. 

9 (11) MILK RIVER PROJECT WATER RIGHT.— 

10 The term ‘‘Milk River Project water right’’ means 

11 the water right held by the Bureau of Reclamation 

12 on behalf of the Milk River Project, as finally adju13 dicated by the Montana Water Court. 

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

15 ‘‘Milk River water right’’ means the Milk River 

16 water right of the Tribe as established in article 

17 III.F of the Compact. 

18 (13) MISSOURI RIVER BASIN.—The term ‘‘Mis19 souri River basin’’ means the hydrologic basin of the 

20 Missouri River (including tributaries). 

21 (14) MR&I SYSTEM.—The term ‘‘MR&I Sys22 tem’’ means— 

23 (A) the intake, treatment, pumping, stor24 age, pipelines, appurtenant items, and real 

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1 ment entitled ‘‘Blackfeet Regional Water Sys2 tem Report’’, prepared by DOWL HKM, and 

3 dated June 2010, and updated in the memo4 randum entitled ‘‘Blackfeet Regional Water 

5 System Potential Cost Modifications’’, prepared 

6 by DOWL HKM, and dated November 3, 2011; 

7 and 

8 (B) the existing public water systems im9 proved under subparagraph (A). 

10 (15) OM&R.—The term ‘‘OM&R’’ means— 

11 (A) any recurring or ongoing activity asso12 ciated with the day-to-day operation of a 

13 project; 

14 (B) any activity relating to scheduled or 

15 unscheduled maintenance of a project; and 

16 (C) any activity relating to replacing a fea17 ture of a project. 

18 (16) PONDERA COUNTY CANAL AND RESERVOIR

19 COMPANY PROJECT.—The term ‘‘Pondera County 

20 Canal and Reservoir Company Project’’ means the 

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

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

23 Birch Creek in Montana Water Court Basin 41M. 


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

2 means the Blackfeet Indian Reservation of Montana, 

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

4 (18) ST. MARY RIVER WATER RIGHT.—The 

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

6 right of the Tribe in the St. Mary River as estab7 lished by article III.G.1.a.i. of the Compact and im8 plemented in accordance with article IV.D.4 of the 

9 Compact and this Act. 

10 (19) ST. MARY UNIT.— 

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

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

13 Milk River Project authorized by Congress on 

14 March 25, 1905. 

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

16 Unit’’ includes— 

17 (i) Sherburne Dam and Reservoir; 

18 (ii) Swift Current Creek Dike; 

19 (iii) Lower St. Mary Lake; 

20 (iv) St. Mary Canal Diversion Dam; 

21 and 

22 (v) St. Mary Canal and appur23 tenances. 

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

25 means the Secretary of the Interior. 


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

2 State of Montana. 

3 (22) TRIBAL WATER CODE.—The term ‘‘tribal 

4 water code’’ means the code adopted by the Tribe in 

5 the tribal ordinance numbered 62 (as amended in 

6 accordance with the Compact and this Act). 

7 (23) TRIBAL WATER RIGHT.—The term ‘‘tribal 

8 water right’’ means the right of the Tribe to divert, 

9 use, or store water, as established in— 

10 (A) article III of the Compact; 

11 (B) the allocation of water to the Tribe 

12 from Lake Elwell pursuant to section 8; and 

13 (C) any allocation of water to the Tribe 

14 pursuant to this Act in fulfillment of the water 

15 rights of the Tribe. 

16 (24) TRIBE.—The term ‘‘Tribe’’ means the 

17 Blackfeet Tribe of the Blackfeet Indian Reservation. 

18 SEC. 4. MILK RIVER WATER RIGHT. 

19 (a) RESOLUTION ALTERNATIVES.— 

20 (1) IN GENERAL.—Not later than 10 years 

21 after the enforceability date, the Tribe shall identify, 

22 and discuss with the Fort Belknap Indian Commu23 nity, alternatives to resolve any conflict between the 

24 Milk River water right and the Milk River water 

25 right of the Fort Belknap Indian Community. 


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1 (2) ACTION BY SECRETARY.—The Secretary 

2 shall— 

3 (A) facilitate discussions between the Tribe 

4 and the Fort Belknap Indian Community under 

5 paragraph (1); and 

6 (B) provide technical assistance to the 

7 Tribe and the Fort Belknap Indian Community 

8 to carry out paragraph (1). 

9 (3) USES BY TRIBE.—During the 10-year pe10 riod described in paragraph (1), the Tribe may— 

11 (A) continue the present and historical 

12 uses of water by the Tribe; and 

13 (B) exercise any State water rights in the 

14 Milk River basin possessed or acquired by the 

15 Tribe. 

16 (b) SECRETARIAL DETERMINATION.—If the Tribe 

17 and the Fort Belknap Indian Community are unable to 

18 reach an agreement on appropriate alternatives to resolve 

19 any conflicts during the period described in subsection 

20 (a)(1), the Secretary shall identify and implement alter21 natives to resolve any conflict between the Milk River 

22 water right and the Milk River right of the Fort Belknap 

23 Indian Community, subject to the conditions that— 


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1 (1) the Secretary shall consult with the Tribe 

2 and the Fort Belknap Indian Community in identi3 fying the alternatives; and 

4 (2) the Tribe and the Fort Belknap Indian 

5 Community shall agree to the alternatives identified 

6 by the Secretary. 

7 SEC. 5. ST. MARY RIVER WATER RIGHT. 

8 (a) IN GENERAL.—Pursuant to article IV.D.4 of the 

9 Compact, the Secretary, acting through the Commissioner 

10 of Reclamation, shall carry out the activities authorized 

11 by this section relating to the St. Mary River water right. 

12 (b) WATER DELIVERY CONTRACT.— 

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

14 after the enforceability date, the Secretary shall 

15 enter into a water delivery contract with the Tribe 

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

17 Mary River water right through Milk River Project 

18 facilities to the Tribe or another entity specified by 

19 the Tribe. 

20 (2) TERMS AND CONDITIONS.—The contract 

21 under paragraph (1) shall establish the terms and 

22 conditions for the water deliveries described in para23 graph (1) in accordance with the Compact and this 

24 Act. 


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1 (3) REQUIREMENTS.—The water delivery con2 tract under paragraph (1) shall include provisions 

3 requiring that— 

4 (A) the contract shall be without limit as 

5 to term; 

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

7 shall collect, and shall be entitled to, all consid8 eration due to the Tribe under any lease, con9 tract, or agreement entered into by the Tribe 

10 pursuant to subsection (e); 

11 (C) the United States shall have no obliga12 tion to monitor, administer, or account for— 

13 (i) any funds received by the Tribe as 

14 consideration under any lease, contract, or 

15 agreement entered into by the Tribe pursu16 ant to subsection (e); or 

17 (ii) the expenditure of such funds; 

18 (D) if water deliveries under the contract 

19 are interrupted for an extended period of time 

20 because of damage to, or a reduction in the ca21 pacity of, St. Mary Unit facilities, the rights of 

22 the Tribe shall be treated the same as the 

23 rights of other contractors receiving water deliv24 eries through the Milk River Project with re25 spect to the water delivered under this section; 


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1 (E) the Tribe shall not be required to pay 

2 operation, maintenance, or replacement costs 

3 for the water delivered under this section; 

4 (F) deliveries of water under this section 

5 shall be made at such times at which, and to 

6 such places to which, the Bureau of Reclama7 tion can deliver water without additional cost to 

8 the Bureau; and 

9 (G)(i) the 5,000 acre-feet per year of water 

10 delivered under this section shall not be subject 

11 to shortage sharing or reduction; and 

12 (ii) notwithstanding article IV.D.4 of the 

13 Compact, any reduction in the Milk River 

14 Project water supply caused by the delivery of 

15 water under this section shall not constitute in16 jury to Milk River Project water users. 

17 (c) ADDITIONAL WATER.— 

18 (1) IN GENERAL.—If the Secretary determines 

19 that there is available St. Mary water, the Secretary 

20 shall enter into a contract with the Tribe for the de21 livery of the available St. Mary water subject to the 

22 requirements described in subsection (b)(3) and this 

23 subsection. 

24 (2) REHABILITATION.—Additional water made 

25 available through any rehabilitation of the St. Mary 


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1 Unit shall be considered to be available St. Mary 

2 water for purposes of this Act and the Compact. 

3 (3) ENLARGEMENT.—Additional water made 

4 available through any enlargement of the St. Mary 

5 Canal— 

6 (A) shall not be considered to be a part of 

7 the Milk River Project water right; and 

8 (B) shall be made available to the Tribe as 

9 part of the St. Mary River water right. 

10 (d) TRUST FUND PAYMENTS.—In consideration for 

11 the deferral of the delivery of the quantity in excess of 

12 the 5,000 acre-feet per year of water specified in sub13 section (b)(1), the United States shall pay to the Tribe 

14 $27,800,000, which shall be invested and managed in ac15 cordance with section 17(d). 

16 (e) SUBCONTRACTS.— 

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

18 any subcontract for the delivery of water under this 

19 section to a third party, in accordance with section 

20 16. 

21 (2) COMPLIANCE WITH OTHER LAW.—A sub22 contract described in paragraph (1) shall comply 

23 with the Compact, this Act, and any other applicable 

24 law. 


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

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

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

4 lease, contract, or other agreement entered into pur5 suant to this subsection. 

6 SEC. 6. BUREAU OF RECLAMATION ACTIVITIES TO IM7 PROVE WATER MANAGEMENT. 

8 (a) MILK RIVER PROJECT PURPOSES.— 

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

10 and (3), the purposes of the Milk River Project shall 

11 include— 

12 (A) irrigation; 

13 (B) flood control; 

14 (C) the protection of fish and wildlife; 

15 (D) recreation; 

16 (E) the provision of municipal, rural, and 

17 industrial water supply; and 

18 (F) hydroelectric power generation. 

19 (2) LIMITATION.— 

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

21 subparagraph (B), the Secretary shall not in22 crease any water use by the Milk River Project 

23 as a result of the purposes described in para24 graph (1) beyond the quantity of water use au25 thorized by valid contracts in effect on the date 


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1 of enactment of this Act, until the St. Mary 

2 River water right is fulfilled. 

3 (B) EXCEPTION.—Subparagraph (A) shall 

4 not apply to any contract entered into by the 

5 Secretary and the Tribe under subsection (b) or 

6 (c) of section 5. 

7 (3) BENEFICIAL USE BY TRIBE.—In addition to 

8 the purposes described in paragraph (1), use of Milk 

9 River Project facilities to transport water for the 

10 Tribe pursuant to subsections (b), (c), and (e) of 

11 section 5, together with any use by the Tribe of such 

12 water in accordance with the tribal water code— 

13 (A) shall be considered to be an authorized 

14 purpose of the Milk River Project; and 

15 (B) shall not change the priority date of 

16 any tribal water right. 

17 (b) ST. MARY RIVER FEASIBILITY STUDY.— 

18 (1) IN GENERAL.—Subject to paragraph (2), 

19 the Secretary, acting through the Commissioner of 

20 Reclamation, in cooperation with the Tribe and the 

21 State, shall conduct a study— 

22 (A) to evaluate the feasibility of alter23 natives for the rehabilitation of the St. Mary 

24 Unit; 


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1 (B) to identify alternatives to provide addi2 tional St. Mary River water and Milk River 

3 water to the Tribe; 

4 (C) to evaluate the feasibility of the devel5 opment of increased storage in Fresno Res6 ervoir; 

7 (D) to establish a cost allocation based on 

8 the purposes described in this section; and 

9 (E) to develop a plan for the management 

10 and development of water supplies in the St. 

11 Mary River basin and the Milk River basin. 

12 (2) CONSULTATION.—Before conducting the 

13 study under this subsection, and regularly during 

14 the course of the study, the Secretary shall consult 

15 with the Tribe, the State, and the Milk River Project 

16 users concerning the identification of alternatives to 

17 make additional water available to the Tribe in ful18 fillment of the St. Mary River water right and the 

19 Milk River water right for delivery through the St. 

20 Mary Unit or from direct flow. 

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

22 3 years after the date on which funds are made 

23 available to carry out this Act, the Secretary shall 

24 submit to the Committee on Energy and Natural 

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1 ural Resources of the House of Representatives a re2 port describing the results of the study under this 

3 subsection. 

4 (4) COSTS NONREIMBURSABLE.—The cost of 

5 the study under this subsection shall not be— 

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

7 (B) reimbursable in accordance with the 

8 Federal reclamation laws. 

9 (c) CONSULTATION WITH TRIBE.—Not later than 1 

10 year after the date of enactment of this Act, and not less 

11 frequently than annually thereafter, the Commissioner of 

12 Reclamation shall consult with the Tribe regarding the 

13 management of the St. Mary Unit by the Bureau of Rec14 lamation. 

15 (d) SWIFT CURRENT CREEK BANK STABILIZA16 TION.— 

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

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

19 5 years after the enforceability date, the Secretary, 

20 acting through the Commissioner of Reclamation, 

21 shall carry out appropriate activities to implement 

22 the Swift Current Creek Bank stabilization project. 

23 (2) SCOPE.—The scope of the activities con24 ducted under this subsection shall be as generally 

25 described in the document entitled ‘‘Boulder/ 


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1 Swiftcurrent Creek Stabilization Project, Phase II 

2 Investigations Report’’, prepared by DOWL HKM, 

3 and dated January 2012 (as updated or amended by 

4 the phase III report). 

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

6 EASEMENTS.—As soon as practicable after the date of en7 actment of this Act, but not later than the enforceability 

8 date, the Secretary shall offer to enter into an agreement 

9 with the Tribe to establish a process to resolve any issues 

10 associated with the location and extent of the Federal 

11 rights-of-way, easements, and other property interests in 

12 and to the Milk River Project that are located on land 

13 of the Tribe. 

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

16 not exceed $25,200,000, including— 

17 (1) $1,700,000 for a right-of-way survey; 

18 (2) $3,800,000 for the St. Mary River feasi19 bility study under subsection (b); and 

20 (3) $19,700,000 for the Swift Current Creek 

21 Bank stabilization project under subsection (d). 


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1 SEC. 7. ST. MARY CANAL HYDROELECTRIC POWER GENERA2 TION. 

3 (a) IN GENERAL.—The Tribe shall have the exclusive 

4 right to develop and market hydroelectric power from St. 

5 Mary Unit facilities. 

6 (b) BUREAU OF RECLAMATION COOPERATION.—The 

7 Commissioner of Reclamation shall cooperate with the 

8 Tribe in the development of any hydroelectric power gen9 eration project under this section. 

10 (c) AGREEMENT.—Before construction of a hydro11 electric power generation project under this section, the 

12 Tribe shall enter into an agreement with the Commis13 sioner of Reclamation that includes provisions requiring 

14 that— 

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

16 the project shall be consistent with the Bureau of 

17 Reclamation guidelines and methods for hydro18 electric power development at Bureau facilities, as 

19 appropriate; 

20 (2) the hydroelectric power generation project 

21 shall be compatible with the operations of the Milk 

22 River Project, including agreements— 

23 (A) regarding operating criteria and emer24 gency procedures; and 

25 (B) under which any modification proposed 

26 by the Tribe to a facility owned by the Bureau 


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1 of Reclamation shall be subject to review and 

2 approval by the Secretary, acting through the 

3 Commissioner of Reclamation; 

4 (3) the Tribe shall receive credit for any cost 

5 savings resulting from an activity for rehabilitation 

6 of the St. Mary Canal if the Tribe constructs a hy7 droelectric facility in conjunction with the rehabilita8 tion activity; and 

9 (4) beginning on the date that is 10 years after 

10 the date on which the Tribe begins marketing hydro11 electric power generated from the St. Mary Unit, the 

12 Tribe shall make annual payments for operation, 

13 maintenance, and replacement costs attributable to 

14 the direct use of any facilities by the Tribe for hy15 droelectric power generation in amounts determined 

16 in accordance with the guidelines and methods of the 

17 Bureau of Reclamation for assessing operation, 

18 maintenance, and replacement charges. 

19 (d) USE OF HYDROELECTRIC POWER BY TRIBE.— 

20 Any hydroelectric power generated in accordance with this 

21 section shall be used or marketed by the Tribe. 

22 (e) REVENUES.—The Tribe shall collect and retain 

23 any revenues from the sale of hydroelectric power gen24 erated by a project under this section. 


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1 (f) LIABILITY OF UNITED STATES.—The United 

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

3 account for— 

4 (1) any revenues received by the Tribe under 

5 this section; or 

6 (2) the expenditure of such revenues. 

7 SEC. 8. STORAGE ALLOCATION FROM LAKE ELWELL. 

8 (a) STORAGE ALLOCATION TO TRIBE.—The Sec9 retary shall allocate to the Tribe 56,000 acre-feet per year 

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

11 any beneficial purpose on or off the Reservation, under 

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

13 the Bureau of Reclamation, as measured at the outlet 

14 works of Tiber Dam or through direct pumping from Lake 

15 Elwell. 

16 (b) TREATMENT.— 

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

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

19 of the tribal water right. 

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

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

22 the priority date of the Lake Elwell water right held 

23 by the Bureau of Reclamation. 

24 (3) ADMINISTRATION.— 


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1 (A) IN GENERAL.—The Tribe shall admin2 ister the water allocated under subsection (a) in 

3 accordance with the Compact and this Act. 

4 (B) TEMPORARY TRANSFER.—In accord5 ance with subsection (d), the Tribe may tempo6 rarily transfer by service contract, lease, ex7 change, or other agreement the water allocated 

8 under subsection (a) off the Reservation, sub9 ject to the approval of the Secretary and the re10 quirements of the Compact. 

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 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); 


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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 such 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 storage rights as other storage con13 tractors with respect to the allocation under 

14 this section; 

15 (E) the costs associated with the construc16 tion of the storage facilities at Tiber Dam allo17 cable to the Tribe shall be— 

18 (i) nonreimbursable; and 

19 (ii) excluded from any repayment obli20 gation of the Tribe; 

21 (F) no water service capital charge shall be 

22 due or payable for any water allocated to the 

23 Tribe pursuant to this section or the allocation 

24 agreement, regardless of whether that water is 

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


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1 contract, or by agreement entered into by the 

2 Tribe pursuant to subsection (b)(3)(B); 

3 (G) the Tribe shall not be required to 

4 make payments to the United States for any 

5 water allocated to the Tribe under this Act or 

6 the allocation agreement, except for each acre7 foot of stored water leased or sold for industrial 

8 purposes as described in subparagraph (H); and 

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

10 leased or sold by the Tribe for industrial pur11 poses— 

12 (i) the Tribe shall pay annually to the 

13 United States an amount necessary to 

14 cover the proportional share of the annual 

15 operation, maintenance, and replacement 

16 costs allocable to the quantity of water 

17 leased or sold by the Tribe for industrial 

18 purposes; and 

19 (ii) the annual payments of the Tribe 

20 shall be reviewed and adjusted, as appro21 priate, to reflect the actual operation, 

22 maintenance, and replacement costs for 

23 Tiber Dam. 

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

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


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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) PROHIBITION ON INCREASE.—The allocation 

12 under subsection (a) shall not be increased by any year13 to-year 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 to the Reservation any water allo17 cated under this section. 

18 SEC. 9. BLACKFEET IRRIGATION PROJECT. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, and without altering applicable law (including 

21 regulations) under which the Bureau of Indian Affairs col22 lects assessments and carries out Blackfeet Irrigation 

23 Project OM&R (other than the maintenance and improve24 ments carried out under this section), the Secretary, act25 ing through the Commissioner of Reclamation, shall carry 


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1 out the following responsibilities of the United States re2 lating to the Blackfeet Irrigation Project: 

3 (1) Deferred maintenance. 

4 (2) Dam safety improvements for Four Horns 

5 Dam. 

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

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

8 under this section. 

9 (c) SCOPE.—The scope of the deferred maintenance 

10 activities and Four Horns Dam safety improvements shall 

11 be as generally described in the document entitled ‘‘Engi12 neering Evaluation and Condition Assessment, Blackfeet 

13 Irrigation Project’’, prepared by DOWL HKM, and dated 

14 August 2007, subject to the condition that, before com15 mencing construction activities, the Secretary shall— 

16 (1) review the design of the proposed rehabilita17 tion or improvement; and 

18 (2) perform value engineering analyses. 

19 (d) FUNDING.—The total amount of obligations in20 curred by the Secretary in carrying out this section shall 

21 not exceed $37,900,000. 

22 SEC. 10. BIRCH CREEK MITIGATION PROJECT. 

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

24 Commissioner of Reclamation, shall carry out activities to 

25 provide mitigation water for Birch Creek water users from 


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1 Four Horns Reservoir, in accordance with the Birch Creek 

2 Agreement. 

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

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

5 under this section. 

6 (c) SCOPE.— 

7 (1) IN GENERAL.—The scope of the rehabilita8 tion and improvements shall be as generally de9 scribed in the document entitled ‘‘Four Horns Feed10 er Canal Rehabilitation with Export’’, prepared by 

11 DOWL HKM, and dated May 31, 2012, subject to 

12 the condition that, before commencing construction 

13 activities, the Secretary shall— 

14 (A) review the design of the proposed reha15 bilitation or improvement; and 

16 (B) perform value engineering analyses. 

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

18 the Secretary under this section shall include— 

19 (A) the rehabilitation or improvement of 

20 the Four Horns feeder canal system to a capac21 ity of not less than 360 cubic feet per second; 

22 (B) the rehabilitation or improvement of 

23 the outlet works of Four Horns Dam and Res24 ervoir to deliver 15,000 acre-feet of water per 

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


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1 (C) construction of facilities to deliver 

2 15,000 acre-feet of water per year from Four 

3 Horns Dam and Reservoir to a point on Birch 

4 Creek to be designated by the Tribe and the 

5 State for delivery of water to the water delivery 

6 system of the Pondera County Canal and Res7 ervoir Company Project on Birch Creek, in ac8 cordance with the Birch Creek Agreement. 

9 (3) COSTS.—The costs to construct facilities 

10 under this subsection— 

11 (A) shall not be paid by the United States; 

12 and 

13 (B) shall be nonreimbursable. 

14 (4) NEGOTIATION WITH TRIBE.—On the basis 

15 of the review described in paragraph (1)(A), the Sec16 retary shall negotiate with the Tribe appropriate 

17 changes to the final design of any activity under this 

18 subsection to ensure that the final design meets ap19 plicable industry standards. 

20 (d) FUNDING.—No part of the project under this sec21 tion shall be commenced until the State has appropriated 

22 and made available $34,000,000 to carry out this section. 

23 SEC. 11. BIRCH CREEK MITIGATION FUND. 

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

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


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

2 as the ‘‘Fund’’), to be used to mitigate the impacts of de3 velopment of the tribal water right described in article 

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

5 of the Pondera County Canal and Reservoir Company 

6 Project. 

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

8 the Commissioner of Reclamation, shall manage the Fund 

9 in accordance with this section. 

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

11 Fund may not be disbursed until the expiration of the 

12 Birch Creek Agreement. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as are nec15 essary to carry out this section. 

16 SEC. 12. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 

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

18 Commissioner of Reclamation, shall plan, design, and con19 struct the MR&I System in accordance with 1 or more 

20 agreements between the Secretary and the Tribe. 

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

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

23 to design and construct the MR&I System. 

24 (c) SCOPE.— 


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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 Report’’, prepared by DOWL 

5 HKM, and dated June 2010, and updated in a 

6 memorandum entitled ‘‘Blackfeet Regional Water 

7 System Potential Cost Modifications’’, prepared by 

8 DOWL HKM, and dated November 3, 2011, subject 

9 to the condition that, before commencing final de10 sign and construction activities, the Secretary 

11 shall— 

12 (A) review the design of the proposed 

13 MR&I System; and 

14 (B) perform value engineering analyses 

15 and appropriate Federal compliance 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 to the final design— 

20 (A) to ensure that the final design meets 

21 applicable industry standards; and 

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

23 delivery of MR&I System water. 


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

3 be nonreimbursable. 

4 (e) FUNDING.—The total amount of funding to carry 

5 out this section shall not exceed $76,200,000. 

6 (f) NON-FEDERAL CONTRIBUTION.— 

7 (1) IN GENERAL.—Prior to completion of the 

8 final design of the MR&I System required by sub9 section (c), the Secretary shall consult with the 

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

11 parties to discuss the practicability of receiving non12 Federal contributions for the cost of the MR&I Sys13 tem. 

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

15 which non-Federal parties are expected to use the 

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

17 MR&I System is determined to be appropriate under 

18 paragraph (1), the Secretary shall initiate negotia19 tions for an agreement regarding the means by 

20 which such contributions shall be provided. 

21 SEC. 13. BLACKFEET WATER, STORAGE, AND DEVELOP22 MENT PROJECTS. 

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

24 Commissioner of Reclamation, shall carry out such activi25 ties as are necessary to construct the Blackfeet water, 


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1 storage, and development projects, in accordance with an 

2 agreement to be negotiated between the Secretary and the 

3 Tribe. 

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

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

6 to rehabilitate or improve the water diversion or delivery 

7 features of the Blackfeet water, storage, and development 

8 projects. 

9 (c) SCOPE.— 

10 (1) IN GENERAL.—The scope of the construc11 tion under this section shall be as generally de12 scribed in the document entitled ‘‘Blackfeet Water 

13 Storage, Development, and Projects Report’’, pre14 pared by DOWL HKM, and dated July 16, 2012, 

15 and any modifications or revisions to the report, 

16 subject to the condition that, before commencing 

17 construction activities, the Secretary shall— 

18 (A) review the design of the proposed reha19 bilitation or improvement; and 

20 (B) perform value engineering analyses. 

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

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

24 changes to the projects, including final design— 


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1 (A) to ensure that the final design meets 

2 applicable industry standards; 

3 (B) to improve the use, management, and 

4 administration of tribal water for irrigation and 

5 other purposes; and 

6 (C) to take into consideration the equitable 

7 distribution of water to allottees. 

8 (d) NONREIMBURSABILITY OF COSTS.—All costs in9 curred by the Secretary in carrying out this section shall 

10 be nonreimbursable. 

11 (e) FUNDING.—The total amount of obligations in12 curred by the Secretary in carrying out this section shall 

13 not exceed $178,300,000. 

14 SEC. 14. TRIBAL IMPLEMENTATION AGREEMENTS. — 

15 (a) APPLICABILITY OF ISDEAA.—At the request of 

16 the Tribe and in accordance with the Indian Self-Deter17 mination and Education Assistance Act (25 U.S.C. 450 

18 et seq.), the Secretary shall enter into 1 or more agree19 ments with the Tribe to carry out sections 9, 10, 12, and 

20 13. 

21 (b) ADMINISTRATION.—The Commissioner of Rec22 lamation and the Tribe shall negotiate the cost of any 

23 oversight activity carried out by the Bureau of Reclama24 tion under any agreement entered into under subsection 

25 (a), subject to the condition that the total cost for the 


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1 oversight shall not exceed 4 percent of the total project 

2 costs for each project. 

3 (c) ACQUISITION OF LAND.— 

4 (1) TRIBAL EASEMENTS AND RIGHTS-OF5 WAY.—On request of the Secretary, and in partial 

6 consideration for the funding provided under section 

7 17(k), the Tribe shall consent to the grant of such 

8 easements and rights-of-way over tribal land as are 

9 necessary for the construction of the projects au10 thorized by sections 9, 10, 12, and 13, at no cost 

11 to the United States. 

12 (2) LAND ACQUIRED BY UNITED STATES.— 

13 Land acquired by the United States or the Tribe in 

14 connection with the construction of the projects au15 thorized by sections 9, 10, 12, and 13 shall be held 

16 in trust by the United States on behalf of the Tribe 

17 as part of the Reservation. 

18 (d) TRANSFER OF TITLE.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law, the Secretary may transfer to the 

21 Tribe, at no cost, any title held by the United States 

22 in and to each facility, asset, or other property of 

23 each of the projects authorized under sections 9, 10, 

24 12, and 13 in accordance with paragraph (2). 


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1 (2) CONVEYANCE TO TRIBE.—The Secretary 

2 shall convey to the Tribe title in and to the projects 

3 authorized by sections 9, 10, 12, and 13 not later 

4 than 30 days after the date on which the Secretary 

5 publishes in the Federal Register a statement of 

6 findings that— 

7 (A) the Tribe has passed a resolution re8 questing that the Secretary transfer to the 

9 Tribe any title held by the United States in and 

10 to the property or facilities of the projects 

11 under section 9, 10, 11, or 12; and 

12 (B) the Secretary has provided to the 

13 Tribe— 

14 (i) a report regarding the condition of 

15 the project; and 

16 (ii) technical assistance regarding the 

17 operation and maintenance of the projects, 

18 including operation and maintenance train19 ing. 

20 (3) OWNERSHIP.—On transfer of title under 

21 paragraph (1), the projects or any portion of the 

22 projects transferred under paragraph (2) shall be 

23 considered to be owned, operated, and managed by 

24 the Tribe. 


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1 (e) AUTHORITY OF TRIBE.—On transfer of title to 

2 the project or any portion of a project or facility to the 

3 Tribe in accordance with subsection (d), or on assumption 

4 of the operation of the project by the Tribe, the Tribe may 

5 collect— 

6 (1) OM&R costs; and 

7 (2) any other costs relating to the operation of 

8 the project, as appropriate. 

9 (f) OPERATION AND MAINTENANCE OF BLACKFEET

10 IRRIGATION PROJECT.—On transfer of title to the Black11 feet Irrigation Project pursuant to subsection (d), the 

12 Tribe shall promulgate criteria and procedures, subject to 

13 the approval of the Secretary, under which the Tribe shall 

14 operate and maintain the Blackfeet Irrigation Project, in15 cluding— 

16 (1) a due process system for the consideration 

17 and determination of any request by a water user 

18 for an allocation of water that provides protection 

19 not less stringent than the protection available under 

20 Federal law, including a process for— 

21 (A) appeal and adjudication of denied or 

22 disputed distributions of water; and 

23 (B) resolution of contested administrative 

24 decisions; and 


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1 (2) a system for establishing operation and 

2 maintenance assessment rates, including a process 

3 for— 

4 (A) appeal and adjudication of operation 

5 and maintenance assessment rates; and 

6 (B) resolution of contested administrative 

7 decisions. 

8 (g) LIABILITY.— 

9 (1) IN GENERAL.—Effective on the date of the 

10 transfer authorized by subsection (d), the United 

11 States shall not be liable for damages of any kind 

12 arising out of any act, omission, or occurrence relat13 ing to the land, buildings, or facilities transferred 

14 under this subsection, other than damages caused by 

15 acts of negligence committed by the United States 

16 (or an employee or agent of the United States) be17 fore the date of transfer. 

18 (2) TORT CLAIMS.—Nothing in this section in19 creases the liability of the United States beyond the 

20 liability provided in chapter 171 of title 28, United 

21 States Code (commonly known as the ‘‘Federal Tort 

22 Claims Act’’). 

23 (3) OM&R OBLIGATION OF FEDERAL GOVERN24 MENT AFTER TRANSFER.—The Federal Government 

25 shall have no obligation to pay for the operation, 


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1 maintenance, or replacement costs of the projects 

2 authorized by sections 9, 10, 12, and 13 beginning 

3 on the later of— 

4 (A) the date on which title to any project 

5 authorized by sections 9, 10, 12, and 13 is 

6 transferred to the Tribe; and 

7 (B) the date on which the amounts re8 quired to be deposited in the OM&R Account 

9 pursuant to section 17(k)(2) have been depos10 ited in that account. 

11 (h) ALIENATION AND TAXATION.—Transfer of title 

12 to the Tribe pursuant to subsection (d) does not waive 

13 or alter any applicable Federal law prohibiting alienation 

14 or taxation of— 

15 (1) the project; or 

16 (2) the underlying Reservation land. 

17 SEC. 15. RATIFICATION OF COMPACT. 

18 (a) RATIFICATION.— 

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

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

21 conflict with this Act, the Compact is authorized, 

22 ratified, and confirmed. 

23 (2) AMENDMENTS.—If an amendment is exe24 cuted in accordance with this Act to make the ComVerDate Mar 15 2010 01:02 Mar 05, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S434.IS S434

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1 pact consistent with this Act, the amendment is au2 thorized, ratified, and confirmed. 

3 (b) EXECUTION.— 

4 (1) IN GENERAL.—To the extent that the Com5 pact does not conflict with this Act, the Secretary 

6 shall execute the Compact, including all exhibits to, 

7 or parts of, the Compact requiring the signature of 

8 the Secretary. 

9 (2) MODIFICATIONS.—Nothing in this Act pre10 cludes the Secretary from approving any modifica11 tion to an appendix or exhibit to the Compact that 

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

13 modification does not otherwise require congres14 sional approval under section 2116 of the Revised 

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

16 provision of Federal law. 

17 (c) ENVIRONMENTAL COMPLIANCE.— 

18 (1) IN GENERAL.—In implementing the Com19 pact and this Act, the Secretary shall comply with 

20 all applicable provisions of— 

21 (A) the National Environmental Policy Act 

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

23 (B) the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.); and 


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1 (C) all other applicable environmental law 

2 and regulations. 

3 (2) EFFECT OF EXECUTION.— 

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

5 by the Secretary to execute the Compact pursu6 ant to this section shall not constitute a major 

7 Federal action for purposes of the National En8 vironmental Policy Act of 1969 (42 U.S.C. 

9 4321 et seq.). 

10 (B) COMPLIANCE.—The Secretary shall 

11 carry out all Federal compliance activities nec12 essary to implement the Compact. 

13 SEC. 16. TRIBAL WATER RIGHTS. 

14 (a) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

15 (1) IN GENERAL.—The tribal water rights are 

16 ratified, confirmed, and declared to be valid. 

17 (2) USE.—Use of the tribal water rights shall 

18 be subject to the terms and conditions established by 

19 the Compact and this Act. 

20 (b) HOLDING IN TRUST.—The tribal water rights— 

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

22 for the use and benefit of the Tribe in accordance 

23 with this section; and 

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


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1 (c) INTENT OF CONGRESS.—It is the intent of Con2 gress to provide to each allottee benefits that are equiva3 lent to, or exceed, the benefits possessed by allottees on 

4 the day before the date of enactment of this Act, taking 

5 into consideration— 

6 (1) the potential risks, cost, and time delay as7 sociated with litigation that would be resolved by the 

8 Compact and this Act; 

9 (2) the availability of funding under this Act 

10 and from other sources; 

11 (3) the availability of water from the tribal 

12 water rights; and 

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

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

15 protect the interests of allottees. 

16 (d) ALLOTTEES.— 

17 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

18 1887.—The provisions of section 7 of the Act of Feb19 ruary 8, 1887 (25 U.S.C. 381), relating to the use 

20 of water for irrigation purposes shall apply to the 

21 tribal water rights. 

22 (2) ENTITLEMENT TO WATER.—Any entitle23 ment to water of an allottee under Federal law shall 

24 be satisfied from the tribal water rights. 


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1 (3) ALLOCATIONS.—Pursuant to the Act of 

2 February 8, 1887 (24 Stat. 390, chapter 119), 

3 allottees shall be entitled to a just and equitable al4 location of water for irrigation purposes. 

5 (4) CLAIMS.— 

6 (A) EXHAUSTION OF REMEDIES.—Before 

7 asserting any claim against the United States 

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

9 (25 U.S.C. 381), or any other applicable law, 

10 an allottee shall exhaust remedies available 

11 under the tribal water code or other applicable 

12 tribal law. 

13 (B) ACTION FOR RELIEF.—After the ex14 haustion of all remedies available under the 

15 tribal water code or other applicable tribal law, 

16 an allottee may assert a claim against the 

17 United States under section 7 of the Act of 

18 February 8, 1887 (25 U.S.C. 381), or other ap19 plicable law. 

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

21 authority to protect the rights of allottees in accord22 ance with this section. 

23 (e) AUTHORITY OF TRIBE.— 


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1 (1) IN GENERAL.—The Tribe shall have the au2 thority to allocate, distribute, and transfer the tribal 

3 water right in accordance with— 

4 (A) the Compact; and 

5 (B) the tribal water code. 

6 (2) LAND LEASES BY ALLOTTEES.—An allottee 

7 may lease any interest in land held by the allottee, 

8 together with any allocation of water under sub9 section (d)(3), subject to the condition that nothing 

10 in this section affects the authority of the Tribe to 

11 require a water permit or to otherwise manage use 

12 of the water under the tribal water code. 

13 (f) TRIBAL WATER CODE.— 

14 (1) IN GENERAL.—In accordance with article 

15 IV.C.1. of the Compact, the Tribe shall— 

16 (A) amend the tribal water code in accord17 ance with the Compact and this Act; and 

18 (B) ensure that the amendments provide 

19 for— 

20 (i) the management, regulation, and 

21 governance of all uses of the tribal water 

22 rights in accordance with the Compact and 

23 this Act, including all uses by allottees (or 

24 any successor in interest to an allottee); 

25 and 


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1 (ii) establishment by the Tribe of con2 ditions, permit requirements, and other 

3 limitations relating to the storage, recov4 ery, and use of the tribal water rights in 

5 accordance with the Compact and this Act. 

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

7 the Secretary, the tribal water code shall provide 

8 that— 

9 (A) tribal allocations of water to allottees 

10 shall be satisfied with water from the tribal 

11 water rights; 

12 (B) charges for delivery of water for irriga13 tion purposes for allottees shall be assessed on 

14 a just and equitable basis; 

15 (C) there is a process by which an allottee 

16 may request that the Tribe provide water for ir17 rigation use in accordance with this Act, includ18 ing the provision of water under any allottee 

19 lease; 

20 (D) there is a due process system for the 

21 consideration and determination by the Tribe of 

22 any request by an allottee (or a successor in in23 terest to an allottee) for an allocation of water 

24 for irrigation purposes on allotted land, includ25 ing a process for— 


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1 (i) appeal and adjudication of any de2 nied or disputed distribution of water; and 

3 (ii) resolution of any contested admin4 istrative decision; and 

5 (E) any allottee with a claim relating to 

6 the enforcement of rights of the allottee under 

7 the tribal water code, or to the quantity of 

8 water allocated to land of the allottee, shall ex9 haust all remedies available to the allottee 

10 under tribal law and the tribal water code be11 fore initiating an action against the United 

12 States or petitioning the Secretary pursuant to 

13 subsection (d)(4)(B). 

14 (3) INTERIM PROVISIONS.— 

15 (A) IN GENERAL.—Subject to the require16 ments of section 4 and until the date on which 

17 the amendments to the tribal water code are 

18 approved by the Secretary, the tribal water 

19 rights shall be administered by the Tribe pursu20 ant to ordinance numbered 62 of the tribal 

21 water code, to the extent that the ordinance is 

22 not inconsistent and does not conflict with the 

23 Compact or this Act. 

24 (B) CONFLICTS.—In the event of an incon25 sistency or conflict described in subparagraph 


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1 (A), the provisions of the Compact and this Act 

2 shall control. 

3 (4) APPROVAL BY SECRETARY.— 

4 (A) IN GENERAL.—The tribal water code, 

5 and any amendment to the tribal water code, 

6 shall not be valid unless the tribal water code 

7 or amendment is approved by the Secretary. 

8 (B) APPROVAL PERIOD.—The Secretary 

9 shall approve or disapprove the tribal water 

10 code or an amendment to the tribal water code 

11 by not later than 180 days after the date on 

12 which the tribal water code or amendment is 

13 submitted to the Secretary. 

14 (g) EFFECT.—Except as otherwise expressly provided 

15 in this section, nothing in this Act— 

16 (1) authorizes any action by an allottee against 

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

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

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

20 pursuant to section 1491(a) of title 28, United 

21 States Code. 

22 SEC. 17. BLACKFEET SETTLEMENT TRUST FUND. 

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

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

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


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1 this section as the ‘‘Trust Fund’’), consisting of the 

2 amounts deposited in the Fund under subsection (c), to3 gether with any interest earned on those amounts, to be 

4 managed, invested, and distributed by the Secretary for 

5 the benefit of the Tribe, to remain available until ex6 pended. 

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

8 Trust Fund the following accounts: 

9 (1) The Administration and Energy Account. 

10 (2) The OM&R Account. 

11 (3) The Water Deferral Account. 

12 (4) The MR&I System Account. 

13 (5) The Blackfeet Water, Storage, and Develop14 ment Projects Account. 

15 (6) The Blackfeet Irrigation Project Deferred 

16 Maintenance and Four Horns Dam Safety Improve17 ments Account. 

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

19 Activities Account. 

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

21 Trust Fund— 

22 (1) to the Administration and Energy Account, 

23 the amount made available pursuant to subsection 

24 (k)(1); 


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1 (2) to the OM&R Account, the amount made 

2 available pursuant to subsection (k)(2); 

3 (3) to the Water Deferral Account, the amount 

4 made available pursuant to subsection (k)(3); 

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

6 made available pursuant to subsection (k)(4); 

7 (5) to the Blackfeet Water, Storage, and Devel8 opment Projects Account, the amount made avail9 able pursuant to subsection (k)(5); 

10 (6) to the Blackfeet Irrigation Project Deferred 

11 Maintenance and Four Horns Dam Safety Improve12 ments Account, the amount made available pursuant 

13 to subsection (k)(6); and 

14 (7) to the St. Mary/Milk Water Management 

15 and Activities Account, the amount made available 

16 pursuant to subsection (k)(7). 

17 (d) MANAGEMENT.—The Secretary shall manage, in18 vest, and distribute all amounts in the Trust Fund in a 

19 manner that is consistent with the investment authority 

20 of the Secretary under— 

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

22 1938 (25 U.S.C. 162a); 

23 (2) the American Indian Trust Fund Manage24 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

25 and 


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1 (3) this section. 

2 (e) AVAILABILITY OF AMOUNTS.—Amounts appro3 priated to, and deposited in, the Trust Fund, including 

4 any investment earnings, shall be made available to the 

5 Tribe beginning on the enforceability date. 

6 (f) WITHDRAWALS BY TRIBE.— 

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

8 any portion of the funds in the accounts established 

9 under subsection (b) on approval by the Secretary of 

10 a tribal management plan submitted by the Tribe in 

11 accordance with the American Indian Trust Fund 

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

13 et seq.). 

14 (2) REQUIREMENTS.— 

15 (A) IN GENERAL.—In addition to the re16 quirements under the American Indian Trust 

17 Fund Management Reform Act of 1994 (25 

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

19 plan under paragraph (1) shall require that the 

20 Tribe shall spend all amounts withdrawn from 

21 the Trust Fund in accordance with this Act. 

22 (B) ENFORCEMENT.—The Secretary may 

23 carry out such judicial or administrative actions 

24 as the Secretary determines to be necessary to 

25 enforce the tribal management plan to ensure 


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1 that amounts withdrawn by the Tribe from the 

2 Trust Fund are used in accordance with this 

3 Act. 

4 (g) EXPENDITURE PLAN.— 

5 (1) IN GENERAL.—The Tribe shall submit to 

6 the Secretary for approval an expenditure plan for 

7 any portion of the Trust Fund that the Tribe elects 

8 to withdraw under this subsection. 

9 (2) INCLUSIONS.—An expenditure plan under 

10 paragraph (1)— 

11 (A) shall include a description of the man12 ner and purpose for which the amounts pro13 posed to be withdrawn from the Trust Fund 

14 will be used by the Tribe, in accordance with 

15 subsection (h); and 

16 (B) may include a description of how any 

17 remaining amounts may be used. 

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

19 plan under paragraph (1), the Secretary shall ap20 prove the plan, if the Secretary determines that the 

21 plan is consistent with this Act. 

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

23 used by the Tribe for the following purposes: 

24 (1) The Administration and Energy Account 

25 shall be used for administration of the tribal water 


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1 right and energy development projects under the 

2 Compact. 

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

4 the Tribe in paying OM&R costs. 

5 (3) The Water Deferral Account shall be dis6 tributed pursuant to an approved expenditure plan 

7 as follows: 

8 (A) The first $1,000,000 deposited in the 

9 account shall be distributed to the Tribe annu10 ally as compensation for the deferral of the St. 

11 Mary water right. 

12 (B) Any additional amounts deposited in 

13 the account may be used by the Tribe to pay 

14 OM&R costs or such other costs as are author15 ized by the Secretary. 

16 (4) The MR&I System Account shall be used to 

17 carry out section 12. 

18 (5) The Blackfeet Water, Storage, and Develop19 ment Projects Account shall be used to carry out 

20 section 13. 

21 (6) The Blackfeet Irrigation Project Deferred 

22 Maintenance and Four Horns Dam Safety Improve23 ments Account shall be used to carry out section 9. 


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

2 Activities Account shall be used to carry out section 

3 6. 

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

5 the Treasury shall not be liable for the expenditure or in6 vestment of any amounts withdrawn from the Trust Fund 

7 by the Tribe under subsection (f). 

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

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

10 to any member of the Tribe. 

11 (k) AUTHORIZATION OF APPROPRIATIONS.—Subject 

12 to subsection (l), there is authorized to be appropriated 

13 to the Secretary— 

14 (1) for deposit in the Administration and En15 ergy Account, $28,900,000; 

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

17 $25,500,000; 

18 (3) for deposit in the Water Deferral Account, 

19 $27,800,000; 

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

21 $76,200,000; 

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

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


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1 (6) for deposit in the Blackfeet Irrigation 

2 Project Deferred Maintenance and Four Horns Dam 

3 Safety Improvements Account, $37,900,000; and 

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

5 Management and Activities Account, $25,200,000. 

6 (l) COST INDEXING.—All amounts made available 

7 pursuant to subsection (k) shall be adjusted as necessary 

8 to reflect the changes since April, 2010, in the construc9 tion costs indices applicable to the construction, mainte10 nance, rehabilitation, or improvement of the projects and 

11 activities described in this Act. 

12 SEC. 18. WATER RIGHTS IN LEWIS AND CLARK NATIONAL 

13 FOREST. 

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

15 the rights to water in the Lewis and Clark National For16 est, as described in the document entitled ‘‘More Definite 

17 Statement of Claims’’, dated November 14, 1997, filed by 

18 the United States on behalf of the Tribe, in the Montana 

19 Water Court in the case styled Matter of the Adjudication 

20 of the Existing and Reserved Rights to the Use of Water, 

21 Both Surface and Underground, of the Blackfeet Tribe 

22 of the Blackfeet Reservation Within the State of Montana, 

23 Civil No. WC91–1. 

24 SEC. 19. WAIVERS AND RELEASES OF CLAIMS. 

25 (a) WAIVERS AND RELEASES.— 


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1 (1) CLAIMS BY TRIBE AND UNITED STATES AS

2 TRUSTEE FOR TRIBE.—Subject to the retention of 

3 rights described in subsection (c), in consideration 

4 for recognition of the tribal water rights and other 

5 benefits under the Compact and this Act, the Tribe, 

6 on behalf of itself and the members of the Tribe 

7 (but not tribal members in their capacities as 

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

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

10 tribal members in their capacities as allottees), shall 

11 execute a waiver and release of all claims for water 

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

13 States acting as trustee for the Tribe, asserted or 

14 could have asserted in any proceeding, including a 

15 State stream adjudication, on or before the enforce16 ability date, except to the extent that such rights are 

17 recognized by this Act. 

18 (2) CLAIMS BY UNITED STATES AS TRUSTEE

19 FOR ALLOTTEES.—Subject to the retention of claims 

20 described in subsection (c), in consideration for rec21 ognition of the tribal water rights and other benefits 

22 under the Compact and this Act, the United States, 

23 acting as trustee for the allottees, shall execute a 

24 waiver and release of all claims for water rights 

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1 ing as trustee for the allottees, asserted or could 

2 have asserted in any proceeding, including a State 

3 stream adjudication, on or before the enforceability 

4 date, except to the extent that such rights are recog5 nized by the Compact or this Act. 

6 (3) CLAIMS BY TRIBE AGAINST UNITED

7 STATES.—Subject to the retention of rights de8 scribed in subsection (c), in consideration for rec9 ognition of the tribal water rights and other benefits 

10 under the Compact and this Act, the Tribe, on be11 half of itself and the members of the Tribe (but not 

12 tribal members in their capacities as allottees), shall 

13 execute a waiver and release of— 

14 (A) all claims against the United States 

15 (including the agencies and employees of the 

16 United States) relating to claims for water 

17 rights within the State that the United States, 

18 acting as trustee for the Tribe, asserted or 

19 could have asserted in any proceeding, including 

20 a State stream adjudication, except to the ex21 tent that such rights are recognized as a tribal 

22 water right; 

23 (B) all claims against the United States 

24 (including the agencies and employees of the 

25 United States) relating to— 


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1 (i) damages, losses, or injuries to 

2 water, water rights, land, or natural re3 sources due to loss of water or water rights 

4 (including damages, losses, or injuries to 

5 hunting, fishing, gathering, or cultural 

6 rights due to loss of water or water rights, 

7 claims relating to interference with, diver8 sion of, or taking of water, and claims re9 lating to failure to protect, acquire, re10 place, or develop water, water rights, or 

11 water infrastructure) within the State that 

12 first accrued at any time on or before the 

13 enforceability date; or 

14 (ii) the failure to establish or provide 

15 a municipal rural or industrial water deliv16 ery system on the Reservation; 

17 (C) all claims against the United States 

18 (including the agencies and employees of the 

19 United States) relating to the pending litigation 

20 of claims relating to the water rights of the 

21 Tribe in the State; 

22 (D) all claims against the United States 

23 (including the agencies and employees of the 

24 United States) relating to the negotiation, exeVerDate Mar 15 2010 01:02 Mar 05, 2013 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S434.IS S434

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1 cution, or the adoption of the Compact (includ2 ing exhibits) and this Act; 

3 (E) all claims against the United States 

4 (including the agencies and employees of the 

5 United States) that first accrued at any time on 

6 or before the enforceability date arising from 

7 the taking or acquisition of the land of the 

8 Tribe or resources for the construction of the 

9 features of the St. Mary Unit; 

10 (F) all claims against the United States 

11 (including the agencies and employees of the 

12 United States) that first accrued at any time on 

13 or before the enforceability date relating to— 

14 (i) the construction, operation, or 

15 maintenance of the St. Mary Unit; or 

16 (ii) on completion of the Swift Cur17 rent Creek Bank stabilization project, the 

18 management of flows in Swift Current 

19 Creek, including the diversion of Swift 

20 Current Creek into Lower St. Mary’s 

21 Lake; 

22 (G) all claims against the United States 

23 (including the agencies and employees of the 

24 United States) that first accrued at any time on 

25 or before the enforceability date relating to the 


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1 construction, operation, or management of 

2 Lower Two Medicine Dam and Reservoir and 

3 Four Horns Dam and Reservoir; and 

4 (H) all claims against the United States 

5 (including the agencies and employees of the 

6 United States) that first accrued at any time on 

7 or before the enforceability date relating to the 

8 allocation of water of the Milk River (including 

9 tributaries) or the St. Mary River (including 

10 tributaries) between the United States and 

11 Canada pursuant to the International Boundary 

12 Waters Treaty of 1909 (36 Stat. 2448). 

13 (b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

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

15 enforceability date. 

16 (c) RESERVATION OF RIGHTS AND RETENTION OF

17 CLAIMS.—Notwithstanding the waivers and releases under 

18 this section, the Tribe, on behalf of itself and the members 

19 of the Tribe, and the United States, acting as trustee for 

20 the Tribe and allottees, retain— 

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

22 any final decree, or this Act; 

23 (2) all rights to use and protect water rights ac24 quired after the date of enactment of this Act; 


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1 (3) all claims relating to activities affecting the 

2 quality of water, including any claims of the Tribe 

3 under— 

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

6 1980 (42 U.S.C. 9601 et seq.), including claims 

7 for damages to natural resources; 

8 (B) the Safe Drinking Water Act (42 

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

10 (C) the Federal Water Pollution Control 

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

12 (D) any regulations promulgated pursuant 

13 to an Act described in subparagraph (A), (B), 

14 or (C); 

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

17 of water or water rights (including hunting, fishing, 

18 gathering, or cultural rights); 

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

20 and powers not specifically waived and released pur21 suant to this Act or the Compact; 

22 (6) all claims for rights retained under the 

23 agreement dated September 19, 1895, and ratified 

24 on June 10, 1896 (29 Stat. 321, chapter 398), filed 

25 by the United States on behalf of the Tribe in— 


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1 (A) Glacier National Park, as described in 

2 the document entitled ‘‘More Definite State3 ment of Claims’’, dated November 14, 1997; or 

4 (B) the case styled Matter of the Adjudica5 tion of the Existing and Reserved Rights to the 

6 Use of Water, Both Surface and Underground, 

7 of the Blackfeet Tribe of the Blackfeet Reserva8 tion Within the State of Montana, Civil No. 

9 WC91–1; 

10 (7) the water rights of the Tribe, whether adju11 dicated or unadjudicated; 

12 (8) the authority of the Tribe to use and pro13 tect such water rights; and 

14 (9) any claim for damages for loss of water re15 sources allegedly caused by a failure to establish, ac16 quire, enforce, or protect such water rights. 

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

18 Compact or this Act— 

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

20 take actions authorized by law, including any laws 

21 relating to health, safety, or the environment, includ22 ing— 

23 (A) the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 

25 1980 (42 U.S.C. 9601 et seq.); 


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1 (B) the Safe Drinking Water Act (42 

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

3 (C) the Federal Water Pollution Control 

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

5 (D) any regulations promulgated pursuant 

6 to an Act described in subparagraph (A), (B), 

7 or (C); 

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

9 act as trustee for any other Indian tribe or allottee 

10 of any other Indian tribe; 

11 (3) confers jurisdiction on any State court— 

12 (A) to interpret Federal law relating to 

13 health, safety, or the environment; 

14 (B) to determine the duties of the United 

15 States or other parties pursuant to such a Fed16 eral law; or 

17 (C) to conduct judicial review of any Fed18 eral agency action; 

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

20 in an individual capacity that does not derive from 

21 a right of the Tribe; 

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

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

24 02–127L (Fed. Cl. 2012); or 


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

2 a member of the Tribe in the settlement for the case 

3 styled Cobell v. Salazar, No. 1:96CV01285–JR 

4 (D.D.C. 2012). 

5 (e) ENFORCEABILITY DATE.—The enforceability date 

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

7 Federal Register a statement of findings that— 

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

9 final judgment and decree approving the Compact; 

10 or 

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

12 lack jurisdiction, the United States district court of 

13 competent jurisdiction has approved the Compact as 

14 a consent decree, and the approval is final; 

15 (2) all amounts authorized to be appropriated 

16 under section 17(k) have been appropriated; 

17 (3) the Tribe has executed the agreements with 

18 the Secretary required by sections 5(b), 6(e), 8(c), 

19 and 14(a); 

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

21 interest-bearing escrow account any payments due 

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

23 under the Compact and this Act; 

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

25 submitting this Act and the Compact to a vote by 


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•S 434 IS

1 the tribal membership for approval or disapproval; 

2 and 

3 (B) the Tribal membership has voted to ap4 prove this Act and the Compact by a majority of 

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

6 Secretary and the Tribe; 

7 (6) the Secretary has fulfilled the requirements 

8 of section 8(a); 

9 (7) the Tribe has enacted a tribal water code 

10 pursuant to section 16(f); 

11 (8) the waivers and releases described sub12 section (a) have been executed by the Tribe and the 

13 Secretary; and 

14 (9) the Secretary has fulfilled the requirements 

15 of section 15(b). 

16 (f) TOLLING OF CLAIMS.— 

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

18 limitation and time-based equitable defense relating 

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

20 the period beginning on the date of enactment of 

21 this Act and ending on the date on which the 

22 amounts made available to carry out this Act are 

23 transferred to the Secretary. 

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

25 subsection revives any claim or tolls any period of 


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1 limitation or time-based equitable defense that ex2 pired before the date of enactment of this Act. 

3 (g) EXPIRATION AND TOLLING.—If all appropria4 tions authorized by this Act have not been made available 

5 to the Secretary by January 15, 2018— 

6 (1) the waivers and releases described in this 

7 section shall expire and be of no further force or ef8 fect; and 

9 (2) all statutes of limitations applicable to any 

10 claim otherwise waived shall be tolled until January 

11 15, 2018. 

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

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

14 (1) the approval of the Compact under section 

15 15 shall no longer be effective; 

16 (2) any unexpended Federal funds appropriated 

17 or made available to carry out the activities author18 ized by this Act, together with any interest earned 

19 on those funds, any water rights or contracts to use 

20 water, and any title in and to other property ac21 quired or constructed with Federal funds appro22 priated or made available to carry out the activities 

23 authorized by this Act, shall be returned to the Fed24 eral Government, unless otherwise agreed to by the 


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•S 434 IS

1 Tribe and the United States and approved by Con2 gress; and 

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

4 develop property that is returned to the Federal 

5 Government under paragraph (2), the United States 

6 shall be entitled to offset any Federal funds appro7 priated or made available to carry out the activities 

8 authorized by this Act that were expended or with9 drawn, together with any interest accrued, against 

10 any claims against the United States relating to 

11 water rights in the State asserted by the Tribe or 

12 in any future settlement of the water rights of the 

13 Tribe. 

14 SEC. 20. SATISFACTION OF CLAIMS. 

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

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

17 complete substitution for, and complete satisfaction of all 

18 claims of the Tribe against the United States under para19 graphs (1) and (3) of section 19(a). 

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

21 allottees under this Act shall be in complete replacement 

22 of, in complete substitution for, and in complete satisfac23 tion of— 

24 (1) all claims waived and released under section 

25 19; and 


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1 (2) any claims of the allottees against the 

2 United States that the allottees have or could have 

3 asserted that are similar in nature to any claim de4 scribed in section 19. 

5 SEC. 21. MISCELLANEOUS PROVISIONS. 

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

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

8 the Department of Justice Appropriation Act, 1953 (43 

9 U.S.C. 666), nothing in this Act waives the sovereign im10 munity of the United States. 

11 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

12 Nothing in this Act quantifies or diminishes any land or 

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

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

15 Tribe. 

16 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

17 With respect to Indian-owned land located within the Res18 ervation— 

19 (1) the United States shall not submit against 

20 such land any claim for reimbursement of the cost 

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

22 Compact; and 

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

24 regarding that cost. 


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1 (d) LIMITATION ON LIABILITY OF UNITED

2 STATES.—The United States has no obligation— 

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

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

5 party to the Compact; or 

6 (2) to review or approve any expenditure of 

7 those funds. 

8 (e) EFFECT ON CURRENT LAW.—Nothing in this sec9 tion affects any provision of law (including regulations) 

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

11 Act with respect to preenforcement review of any Federal 

12 environmental enforcement action. 

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

14 carried out by the Commissioner of Reclamation under 

15 this Act shall not establish a precedent or impact the au16 thority provided under any other provision of Federal rec17 lamation law, including— 

18 (1) the Reclamation Rural Water Supply Act of 

19 2006 (43 U.S.C. 2401 et seq.); and 

20 (2) the Omnibus Public Land Management Act 

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

22 (g) IRRIGATION EFFICIENCY IN UPPER BIRCH

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

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

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


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1 out this Act shall achieve an irrigation efficiency of not 

2 less than 50 percent. 

3 (h) BIRCH CREEK AGREEMENT APPROVAL.—The 

4 Birch Creek Agreement entered into between the Tribe 

5 and the State on January 31, 2008 (including any amend6 ments executed in accordance with this Act to make the 

7 Agreement consistent with this Act), is approved to the 

8 extent that the Birch Creek Agreement requires approval 

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

10 177). 

11 SEC. 22. REPEAL ON FAILURE TO MEET ENFORCEABILITY 

12 DATE. 

13 If the Secretary fails to publish a statement of find14 ings under section 19(e) by not later than January 15, 

15 2018, or such alternative later date as is agreed to by the 

16 Tribe and the Secretary, after reasonable notice to the 

17 State, as applicable— 

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

19 of— 

20 (A) January 15, 2018; and 

21 (B) the day after such alternative later 

22 date as is agreed to by the Tribe and the Sec23 retary; 


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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 17(k), together with any interest on those amounts, 

6 shall immediately revert to the general fund of the 

7 Treasury; 

8 (4) any amounts made available under section 

9 17(k) that remain unexpended shall immediately re10 vert to the general fund of the Treasury; and 

11 (5) 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. 

20 SEC. 23. ANTIDEFICIENCY. 

21 The United States shall not be liable for any failure 

22 to carry out any obligation or activity authorized by this 

23 Act (including any obligation or activity under the Com24 pact) if adequate appropriations are not provided exVerDate Mar 15 2010 01:02 Mar 05, 2013 Jkt 029200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S434.IS S434

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1 pressly by Congress to carry out the purposes of this Act 

2 in— 

3 (1) the Reclamation Water Settlements Fund 

4 established under section 10501(a) of the Omnibus 

5 Public Land Management Act of 2009 (43 U.S.C. 

6 407(a)); or 

7 (2) the Emergency Fund for Indian Safety and 

8 Health established by section 601(a) of the Tom 

9 Lantos and Henry J. Hyde United States Global 

10 Leadership Against HIV/AIDS, Tuberculosis, and 

11 Malaria Reauthorization Act of 2008 (25 U.S.C. 

12 443c(a)). 

Æ 


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