I 
112TH CONGRESS 
1ST SESSION H. R. 3301 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2011 
Mr. REHBERG introduced the following bill; which was referred to the 
Committee on Natural Resources 
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 Black-
feet Tribe of the Blackfeet Indian Reservation of Mon-
tana, and the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Blackfeet Water 
Rights Settlement Act of 2011’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) the reservation of the Blackfeet Tribe of the 
Blackfeet Indian Reservation of Montana was estab-
lished from the aboriginal territory of the Tribe by 
the treaty between the Tribe and the United States 
dated October 17, 1855 (11 Stat. 657); 
(2) water was reserved by the Tribe in that 
treaty— 
(A) to fulfill the promise of a homeland for 
members of the Tribe; and 
(B) for the governmental, economic, social, 
cultural, and religious well-being of the Tribe 
and members of the Tribe; 
(3) the water rights of the Tribe have not been 
consistently protected by the United States regard-
ing— 
(A) the use and allocation of water on the 
Reservation, including— 
(i) the allocation of water of the St. 
Mary River and the Milk River in the trea-
ty between the United States and Great 
Britain relating to boundary waters be-
tween the United States and Canada en-
tered into force on May 13, 1910 (36 Stat. 
2448); and 
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(ii) the diversion of St. Mary River 
water for use by the Milk River Project of 
the Bureau of Reclamation; and 
(B) activities for development carried out 
on and off the Reservation by non-members of 
the Tribe; 
(4) as of the date of enactment of this Act, civil 
actions to determine the water rights of the Tribe 
are pending in— 
(A) the United States District Court for 
the District of Montana in the action styled 
‘‘United States v. Aageson’’, numbered CIV– 
79–21–GF, and filed on April 5, 1979; and 
(B) the Montana Water Court in the ac-
tion styled ‘‘In the Matter of the Adjudication 
of the Existing and Reserved Rights to the Use 
of Water, Both Surface and Underground, of 
the Blackfeet Tribe of the Blackfeet Reserva-
tion within the State of Montana’’ and num-
bered WC–91–1; 
(5) to avoid divisive, expensive, and lengthy liti-
gation of the water rights of the Tribe, to resolve 
critical issues relating to administration and develop-
ment of those water rights, and to provide for appro-
priate mitigation measures, the Tribe, the State of 
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Montana, and the United States have negotiated the 
Blackfeet Tribe-Montana Water Rights Compact; 
(6) in addition to quantification of the water 
rights of the Tribe, development of necessary water 
supplies on the Reservation through the planning, 
design, and construction of facilities and infrastruc-
ture is essential to carrying out the intent of the 
treaty referred to in paragraph (1)— 
(A) to create a permanent homeland for 
members of the Tribe; 
(B) to provide a viable Reservation econ-
omy; and 
(C) to implement the Compact; and 
(7) to fulfill the trust responsibility of the 
United States to Indian tribes and to promote tribal 
sovereignty and economic self-sufficiency, it is the 
policy of the United States to resolve tribal reserved 
water rights claims without lengthy and costly litiga-
tion. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to authorize certain projects on the Res-
ervation to implement the Compact, the Birch Creek 
Agreement, and this Act in a manner that— 
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(A) maximizes the benefits of the water 
rights of the Tribe established in the Compact; 
and 
(B) ensures for the Tribe and members of 
the Tribe the benefits of a permanent home-
land, including cultural, economic, social, and 
governmental benefits; 
(2) to authorize certain modifications of the 
purposes and operation of certain Bureau of Rec-
lamation facilities to implement the Compact and 
this Act; 
(3) to authorize the rehabilitation, improve-
ment, and completion of the Blackfeet Irrigation 
Project— 
(A) to maximize the benefits of the Black-
feet Irrigation Project for all project water 
users; and 
(B) to implement the Compact and the 
Birch Creek Agreement; 
(4) to approve, ratify, and confirm the water 
rights Compact; 
(5) to require the Secretary of the Interior— 
(A) to implement the Compact; and 
(B) to carry out the obligations of the 
United States under the Compact and this Act; 
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(6) to provide for the final resolution of all 
water rights claims among— 
(A) the United States, on behalf of the 
Tribe and members of the Tribe; 
(B) the United States, on behalf of the 
allottees; 
(C) the Tribe, on behalf of the Tribe and 
members of the Tribe; and 
(D) the State of Montana; and 
(7) to authorize the actions, agreements, and 
appropriations necessary to implement the Compact 
and this Act. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ALLOTTEE.—The term ‘‘allottee’’ means 
any individual who owns or holds a trust allotment 
or interest in a trust allotment on the Reservation 
pursuant to the Act of February 8, 1887 (25 U.S.C. 
331; 24 Stat. 388, chapter 119), (commonly known 
as the ‘‘General Allotment Act’’), the matter under 
the heading ‘‘Montana’’ of title II of the Act of 
March 1, 1907 (34 Stat. 1035, chapter 2285), and 
the Act of June 30, 1919 (41 Stat. 3, chapter 4), 
subject to the terms and conditions of those Acts. 
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(2) AVAILABLE ST. MARY RIVER WATER.—The 
term ‘‘available St. Mary River water’’ means— 
(A) water from the St. Mary River allo-
cated to the United States under the treaty be-
tween the United States and Great Britain re-
lating to boundary waters between the United 
States and Canada entered into force on May 
13, 1910 (36 Stat. 2448), minus the quantity 
of water required for the Milk River Project 
water right; and 
(B) water that is— 
(i) otherwise part of the Milk River 
Project water right; and 
(ii) made available by the United 
States to the Tribe without any net reduc-
tion of the legal entitlement to water of 
any water user under the jurisdiction of an 
entity that is a party to a contract for 
water from the Milk River Project water 
right, as determined— 
(I) initially, by the Secretary; 
and 
(II) subsequently, by a court of 
competent jurisdiction. 
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(3) BIRCH
CREEK
AGREEMENT.—The term 
‘‘Birch Creek Agreement’’ means the agreement be-
tween the Tribe and the State regarding Birch 
Creek water use dated January 31, 2008. 
(4) BLACKFEET
IRRIGATION
PROJECT.—The 
term ‘‘Blackfeet Irrigation Project’’ means the irri-
gation project on the Reservation authorized by the 
matter under the heading ‘‘Montana’’ of title II of 
the Act of March 1, 1907 (34 Stat. 1035, chapter 
2285), and administered by the Bureau of Indian 
Affairs. 
(5) COMPACT.—The term ‘‘Compact’’ means 
the water rights agreement (including any appendix 
or amendment to the agreement) among the Tribe, 
the State, and the United States that was— 
(A) ratified by the legislature of the State, 
as codified in section 85–20–1501 of the Mon-
tana Code Annotated (2009); and 
(B) the subject of Blackfeet Resolution No. 
184–2008. 
(6) JOINT BOARD.—The term ‘‘Joint Board’’ 
means the joint board of control of the Milk River 
Project established in accordance with State law. 
(7) LAKE ELWELL.—The term ‘‘Lake Elwell’’ 
means the water impounded on the Marias River in 
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the State by Tiber Dam, a feature of the Lower 
Marias Unit of the Pick-Sloan Missouri River Basin 
Program authorized by section 9 of the Act of De-
cember 22, 1944 (commonly known as the ‘‘Flood 
Control Act of 1944’’), (58 Stat. 891, chapter 665). 
(8) LAKE SHERBURNE RESERVOIR.—The term 
‘‘Lake Sherburne Reservoir’’ means the storage fa-
cility of the Milk River Project authorized by the 
Secretary as part of the St. Mary storage unit on 
March 25, 1905. 
(9) MILK RIVER PROJECT.— 
(A) IN GENERAL.—The term ‘‘Milk River 
Project’’ means the Bureau of Reclamation 
project conditionally approved by the Secretary 
on March 14, 1903, pursuant to the Act of 
June 17, 1902 (32 Stat. 388, chapter 1093), 
commencing at Lake Sherburne Reservoir and 
providing water to a point approximately 6 
miles east of Nashua, Montana. 
(B) INCLUSIONS.—The term ‘‘Milk River 
Project’’ includes— 
(i) the St. Mary storage unit; 
(ii) the Fresno Dam; and 
(iii) the Dodson pumping unit. 
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(10) MILK
RIVER
PROJECT
WATER
RIGHT.— 
The term ‘‘Milk River Project water right’’ includes 
any water right held by the Bureau of Reclamation 
on behalf of the Milk River Project, as finally adju-
dicated by the Montana Water Court. 
(11) MISSOURI RIVER BASIN.—The term ‘‘Mis-
souri River Basin’’ means the hydrologic basin of 
the Missouri River (including tributaries). 
(12) MONTANA
WATER
COURT.—The term 
‘‘Montana Water Court’’ means the court estab-
lished pursuant to chapter 7 of title 3, Montana 
Code Annotated, for the adjudication of water rights 
in the State. 
(13) PONDERA COUNTY CANAL AND RESERVOIR 
COMPANY
PROJECT.—The term ‘‘Pondera County 
Canal and Reservoir Company Project’’ means the 
project authorized in part by section 4 of the Act of 
August 18, 1894 (28 Stat. 422) and lying south of 
Birch Creek in Montana Water Court Basin 41M. 
(14) RESERVATION.—The term ‘‘Reservation’’ 
means the Blackfeet Indian Reservation of Montana, 
as in existence on the date of enactment of this Act. 
(15) ST. MARY
RIVER
WATER
RIGHT.—The 
term ‘‘St. Mary River water right’’ means the water 
right of the Tribe in the St. Mary River established 
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by article III.G.1.a.i. of the Compact and imple-
mented in accordance with article IV.D.4 of the 
Compact. 
(16) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(17) STATE.—The term ‘‘State’’ means the 
State of Montana, including the officers, agencies, 
departments, and political subdivisions of that State. 
(18) TRIBAL WATER CODE.—The term ‘‘tribal 
water code’’ means the code contained in the ordi-
nance of the Tribe numbered 62, adopted by the 
business council of the Tribe pursuant to the resolu-
tion numbered 127–80 on May 15, 1980, and ap-
proved by the Blackfeet Indian Agency Super-
intendent of the Bureau of Indian Affairs on May 
23, 1980, as amended in accordance with the Com-
pact and this Act. 
(19) TRIBAL WATER RIGHT.—The term ‘‘tribal 
water right’’ means— 
(A) any right of the Tribe (including any 
member of the Tribe or allottee) to divert, use, 
or store water, as established in the Compact; 
(B) any allocation of water to the Tribe 
from Lake Elwell pursuant to section 5(c); and 
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(C) any allocation of water to the Tribe 
from Lake Sherburne Reservoir and the avail-
able St. Mary River water or any other source 
pursuant to section 5 that fulfills the St. Mary 
River water right of the Tribe under the Com-
pact. 
(20) TRIBE.—The term ‘‘Tribe’’ means the 
Blackfeet Tribe of the Blackfeet Indian Reservation 
of Montana, including the officers, agencies, and de-
partments of that tribe. 
(21) WATER
RIGHTS
ARISING
UNDER
STATE 
LAW.—The term ‘‘Water Rights Arising Under State 
Law’’ has the meaning given the term in article 
II.52 of the Compact. 
SEC. 5. RECLAMATION ACTIVITIES. 
(a) ST. MARY RIVER.— 
(1) ALLOCATION OF WATER.— 
(A) IN
GENERAL.—In providing to the 
Tribe the St. Mary River water right, the Sec-
retary shall allocate to the Tribe 50,000 acre- 
feet per year of stored water in Lake Sherburne 
Reservoir as part of the tribal water right. 
(B) COSTS.—The Tribe shall not be re-
quired to pay any operation, maintenance, or 
replacement costs, capital costs, or other costs 
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associated with the allocation under subpara-
graph (A). 
(C) PROHIBITION ON INCREASE.—The al-
location under subparagraph (A) shall not be 
increased by any year-to-year carryover storage. 
(2) LEASE OF ALLOCATED WATER.— 
(A) AGREEMENT.— 
(i) IN GENERAL.—The Tribe and the 
Secretary, acting through the Commis-
sioner of Reclamation, shall enter into an 
agreement to lease the water allocated to 
the Tribe under paragraph (1) for use by 
the Secretary for the Milk River Project, in 
accordance with such terms and conditions 
on which the Tribe and the Secretary may 
agree. 
(ii) MEDIATION.— 
(I) IN
GENERAL.—If the Tribe 
and the Secretary fail to agree to 
terms and conditions as described in 
clause (i) by the date that is 1 year 
after the date of enactment of this 
Act, a mediator acceptable to the 
Tribe and the Secretary shall be ap-
pointed by the Chief Judge of the 
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United States District Court for the 
District of Montana to assist the par-
ties in reaching an agreement. 
(II) COSTS.—The costs of a me-
diator appointed under subclause (I) 
shall be paid by the Secretary. 
(B) EFFECTIVE PERIOD.—A lease under 
subparagraph (A) shall remain in effect until 
the date described in paragraph (3)(E). 
(C) 
MILK
RIVER
PROJECT
WATER 
USERS.—No Milk River Project water user or 
other entity that is a party to any contract on 
behalf of such a water user shall be required to 
pay any costs associated with— 
(i) the allocation to the Tribe under 
paragraph (1); or 
(ii) a lease under this paragraph. 
(3) IDENTIFICATION OF AVAILABLE ST. MARY 
RIVER WATER.— 
(A) INVESTIGATIONS AND STUDIES.—The 
Secretary, in cooperation with the Tribe, may 
carry out any appropriate investigation or study 
to identify available St. Mary River water to 
provide to the Tribe the St. Mary River water 
right. 
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(B) FACILITIES.—The Secretary may plan, 
design, and construct such facilities as the Sec-
retary, the Tribe, and the State determine to be 
necessary to provide to the Tribe the St. Mary 
River water right. 
(C) AGREEMENTS WITH TRIBE.—The Sec-
retary may enter into such cooperative agree-
ments or contracts under the Indian Self-Deter-
mination and Education Assistance Act (25 
U.S.C. 450 et seq.) with the Tribe as the Sec-
retary determines to be necessary to carry out 
subparagraphs (A) and (B). 
(D) 
MODIFICATIONS
TO
MILK
RIVER 
PROJECT.—The Secretary, in consultation with 
the Tribe, the State, the Fort Belknap Indian 
Community, the Joint Board, and other af-
fected stakeholders, may make such modifica-
tions as are necessary to carry out this para-
graph to— 
(i) the operating procedures of the 
Milk River Project; or 
(ii) any federally owned facility of the 
Milk River Project. 
(E) DATE TO BEGIN USE.—Beginning on 
the date on which the Secretary, the Tribe, and 
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the State agree in writing that water has been 
identified from available St. Mary River water 
or any other source, and is available to satisfy 
any portion of the St. Mary River water right 
in accordance with articles III.G.1.a.i and 
IV.D.4 of the Compact— 
(i) the Tribe may begin to use that 
water; and 
(ii) the allocation to the Tribe under 
paragraph (1) and the lease under para-
graph (2) shall terminate with respect to 
that quantum of water. 
(b) MILK RIVER PROJECT RIGHTS-OF-WAY
AND 
EASEMENTS.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, but not later than 
the enforceability date described in section 12(e), the 
Secretary shall resolve all issues relating to the use 
by the United States of tribal land or allotted land 
for purposes of the Milk River Project, including the 
payment to the Tribe and members of the Tribe of 
compensation for that use, notwithstanding any 
other provision of law, if such compensation— 
(A) has not previously been paid; or 
(B) was inadequate. 
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(2) ACTION
BY
SECRETARY
OF
TREASURY.— 
Notwithstanding any other provision of law, as soon 
as practicable after the date of enactment of this 
Act, but not later than the enforceability date de-
scribed in section 12(e), the Secretary of the Treas-
ury shall return to the Tribe all amounts paid by the 
Tribe for land relinquished to the Tribe pursuant to 
the Act of August 28, 1937 (50 Stat. 864, chapter 
868), including interest on those amounts. 
(c) LAKE ELWELL.— 
(1) ALLOCATION.— 
(A) IN GENERAL.—As part of the tribal 
water right, the Secretary shall permanently al-
locate to the Tribe all remaining unallocated 
water in Lake Elwell, as measured at the outlet 
works of the dam, minus any quantity of that 
water that may be allocated to the Fort 
Belknap Indian Community, as agreed to by 
the Tribe and the Fort Belknap Indian Com-
munity, for use by the Tribe for any beneficial 
purpose on or off the Reservation. 
(B) REQUEST BY TRIBE.—The Secretary 
may enter into an agreement with the Tribe to 
establish a procedure through which the Tribe 
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may request and use the allocation under sub-
paragraph (A). 
(2) PRIORITY DATE.—The priority date of the 
allocation to the Tribe under paragraph (1) shall be 
the priority date of the Lake Elwell water right held 
by the Bureau of Reclamation. 
(3) COSTS.—The Tribe shall not be required to 
pay any annual operation, maintenance, or replace-
ment costs, capital costs, or other costs associated 
with the allocation under paragraph (1). 
(4) AGREEMENTS BY TRIBE.—The Tribe may 
use, lease, contract, exchange, or enter into other 
agreements for use of the water allocated to the 
Tribe under paragraph (1) if— 
(A) the use of water that is the subject of 
such an agreement occurs within the Missouri 
River Basin; and 
(B) the agreement does not permanently 
alienate any water allocated to the Tribe under 
paragraph (1). 
(5) EFFECTIVE
DATE.—The allocation under 
paragraph (1) takes effect on the enforceability date 
described in section 12(e). 
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(6) PROHIBITION ON INCREASE.—The alloca-
tion under paragraph (1) shall not be increased by 
any year-to-year carryover storage. 
(7) EFFECT OF SUBSECTION.— 
(A) CHIPPEWA CREE TRIBE.—Nothing in 
this subsection alters or diminishes the alloca-
tion from Lake Elwell to the Chippewa Cree 
Tribe pursuant to the Chippewa Cree Tribe of 
The Rocky Boy’s Reservation Indian Reserved 
Water Rights Settlement and Water Supply 
Enhancement Act of 1999 (Public Law 106– 
163; 113 Stat 1778). 
(B) NO TRANSPORTATION FACILITIES RE-
QUIREMENT.—Except as otherwise provided in 
this Act, nothing in this subsection requires the 
United States to provide any facility for trans-
port to the Reservation or any other location of 
the water allocated to the Tribe under this sub-
section. 
(8) DEVELOPMENT AND DELIVERY COSTS.—Ex-
cept as otherwise provided in this Act, the United 
States is not required to pay the cost of developing 
or delivering to the Reservation any water allocated 
under this subsection. 
(d) BLACKFEET IRRIGATION PROJECT.— 
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(1) IN
GENERAL.—The Secretary shall carry 
out such activities as are necessary relating to— 
(A) planning, design, and construction for 
rehabilitation and improvement of the Blackfeet 
Irrigation Project; and 
(B) the completion to authorized acreage 
of the Blackfeet Irrigation Project. 
(2) FOUR HORNS DAM AND RESERVOIR.— 
(A) IN
GENERAL.—The Secretary shall 
carry out such activities as are necessary relat-
ing to planning, design, and construction for re-
habilitation and improvement of the Four 
Horns Dam and Reservoir and associated deliv-
ery systems of the Blackfeet Irrigation Project, 
including— 
(i) the rehabilitation and improvement 
of the Four Horns feeder canal system to 
a capacity of not less than 300 cubic feet 
per second; 
(ii) the enlargement to maximum 
practical capacity of the off-stream Four 
Horns Dam and Reservoir; 
(iii) construction of facilities to deliver 
not less than 15,000 acre-feet of water per 
year from the enlarged Four Horns Dam 
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and Reservoir to a point on Birch Creek to 
be designated by the Tribe and the State 
for delivery of water to the water delivery 
system of the Pondera County Canal and 
Reservoir Company Project; 
(iv) rehabilitation and improvement of 
the outlet canal delivery system from Four 
Horns Dam and Reservoir to Blacktail 
Creek; 
(v) rehabilitation and improvement of 
the Badger-Fisher main canal; and 
(vi) measures to enhance on-farm effi-
ciency in the Badger-Fisher irrigation unit 
of the Blackfeet Irrigation Project. 
(B) COOPERATIVE
AGREEMENT.—On re-
ceipt of a request by the Tribe, the Secretary 
shall enter into a cooperative agreement or con-
tract under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et 
seq.) with the Tribe to carry out the activities 
under this paragraph. 
(C) ALLOCATION
OF
EXCESS
WATER.— 
Notwithstanding any other provision of law, on 
completion of the activities under this para-
graph, the Secretary shall allocate to the Tribe, 
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at no cost, all stored water in Four Horns Res-
ervoir in excess of the quantity of water nec-
essary to serve the land within the Blackfeet Ir-
rigation Project, but not less than 15,000 acre- 
feet, for— 
(i) fulfillment of the obligations of the 
Tribe under the Birch Creek Agreement to 
deliver water to holders of Water Rights 
Arising Under State Law in Birch Creek; 
and 
(ii) use or lease by the Tribe for any 
purpose in accordance with this Act, the 
Compact, and the Birch Creek Agreement. 
(D) IDENTIFICATION OF FACILITIES.— 
(i) IN
GENERAL.—The Tribe, the 
State, and the Regional Director of the 
Great Plains Region of the Bureau of Rec-
lamation, in consultation with the Bureau 
of Indian Affairs, shall— 
(I) identify each facility or por-
tion of a facility to be constructed, re-
habilitated, or improved primarily for 
the purpose of providing to the Tribe 
the allocation under subparagraph 
(C); and 
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(II) agree on the ownership, op-
eration, maintenance, and replacement 
obligations associated with those fa-
cilities and portions of facilities. 
(ii) COSTS.—No Blackfeet Irrigation 
Project water user or holder of Water 
Rights Arising Under State law in Birch 
Creek shall be required to pay any costs 
associated with any facility or portion of a 
facility identified under clause (i). 
(E) STATE CONTRIBUTION.—As a condi-
tion of ratification of the Compact by this Act, 
the State shall contribute to the cost of the ac-
tivities under this paragraph not less than 
$20,000,000. 
(3) TRANSFER OF TITLE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, on receipt of a request 
by the Tribe, the Secretary shall transfer to the 
Tribe, at no cost, title in and to each facility, 
asset, and other property of the Blackfeet Irri-
gation Project. 
(B) OWNERSHIP.—On transfer of title 
under subparagraph (A), the Blackfeet Irriga-
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tion Project shall be considered to be owned, 
operated, and managed by the Tribe. 
(C) OPERATION AND MAINTENANCE.—The 
Tribe shall promulgate criteria and procedures, 
subject to the approval of the Secretary, under 
which the Tribe shall operate and maintain the 
Blackfeet Irrigation Project, including— 
(i) a due process system for the con-
sideration and determination of any re-
quest by a water user for an allocation of 
water that provides protection not less 
stringent than the protection available 
under Federal law, including a process 
for— 
(I) appeal and adjudication of de-
nied or disputed distributions of 
water; and 
(II) resolution of contested ad-
ministrative decisions; and 
(ii) a system for establishing water 
rates, including the processes described in 
subclauses (I) and (II) of clause (i). 
(4) IRRIGATION EFFICIENCY IN UPPER BIRCH 
DRAINAGE.—Any activity carried out by the Tribe in 
the Upper Birch Drainage (as defined in article 
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II.50 of the Compact) using funds made available 
under this Act shall achieve an irrigation efficiency 
of not less than 50 percent. 
(e) RECLAMATION WATER SETTLEMENTS FUND.— 
In carrying out this section, the Secretary may use 
amounts in the Reclamation Water Settlements Fund es-
tablished by subsection (a) of section 10501 of the Omni-
bus Public Land Management Act of 2009 (43 U.S.C. 
407) pursuant to subsection (c)(3)(B)(iii) of that section. 
SEC. 6. APPROVAL OF COMPACT AND BIRCH CREEK AGREE-
MENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
Act, and to the extent that the Compact and the 
Birch Creek Agreement do not conflict with this Act, 
the Compact and the Birch Creek Agreement are 
authorized, ratified, and confirmed. 
(2) AMENDMENTS.—To the extent that any 
amendment is executed to ensure that the Compact 
or the Birch Creek Agreement is consistent with this 
Act, the amendment is authorized, ratified, and con-
firmed. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent that the Com-
pact and the Birch Creek Agreement do not conflict 
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with this Act, the Secretary shall promptly execute 
the Compact and the Birch Creek Agreement. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection precludes the Secretary from approving a 
modification to any appendix or exhibit to the Com-
pact or the Birch Creek Agreement that is not in-
consistent with this Act, subject to section 2116 of 
the Revised Statutes (25 U.S.C. 177) and other ap-
plicable Federal law (including regulations). 
(c) ACTION BY OTHER DEPARTMENTS AND AGEN-
CIES.—The Secretary and the head of each other appro-
priate Federal department or agency shall carry out such 
activities as are necessary to implement the Compact, the 
Birch Creek Agreement, and this Act. 
SEC. 7. TRIBAL WATER RIGHT. 
(a) TREATMENT.—The tribal water right— 
(1) shall be held in trust by the United States 
for the benefit of the Tribe; and 
(2) shall not be subject to loss by abandonment, 
forfeiture, or nonuse. 
(b) ALLOTTEE ENTITLEMENTS.—Each allottee shall 
be entitled to a just and equitable allocation of the tribal 
water right for irrigation purposes pursuant to section 7 
of the Act of February 8, 1887 (25 U.S.C. 381), in ac-
cordance with the Compact and the tribal water code. 
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(c) FEDERAL
RESERVED
WATER
RIGHTS.—Any 
right to Federal reserved water of a member of the Tribe, 
an allottee, or an owner of fee land within the boundaries 
of the Reservation shall be— 
(1) considered to be satisfied by the tribal water 
right; and 
(2) governed in accordance with the terms and 
conditions of the Compact, this Act, and the tribal 
water code (including any applicable requirement to 
obtain a permit under the tribal water code). 
(d) LIMITATION
ON CERTAIN CLAIMS.—Notwith-
standing any other provision of law, no claim to a Federal 
reserved water right of an owner of fee land that was with-
in the boundaries of the Reservation on June 30, 1996, 
as the successor to an allottee may be sustained as a mat-
ter of Federal law if the claim was not filed in the Mon-
tana water rights adjudication (Mont. Code Ann. 85–2– 
212, et seq.) by the required filing date. 
(e) TRIBAL WATER CODE.— 
(1) AMENDMENTS.—Not later than 180 days 
after the date of enactment of this Act, the Tribe 
shall amend the tribal water code, subject to the ap-
proval of the Secretary under paragraph (2)(A), as 
necessary to administer the tribal water right in ac-
cordance with article IV.C of the Compact. 
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(2) APPROVAL REQUIRED.— 
(A) IN
GENERAL.—No provision of the 
tribal water code (or any amendment to the 
tribal water code) that affects any right of an 
allottee shall take effect until the date on which 
the provision is approved by the Secretary. 
(B) INTERIM ADMINISTRATION.— 
(i) IN GENERAL.—During the period 
beginning on the date of amendment of the 
tribal water code under paragraph (1) and 
ending on the date of approval of the 
amendment by the Secretary under sub-
paragraph (A), the tribal water right shall 
be administered by the Tribe pursuant to 
the tribal water code as in existence on the 
day before the date of enactment of this 
Act, to the extent that the tribal water 
code is not inconsistent with the Compact 
and this Act. 
(ii) INCONSISTENCIES.—If any incon-
sistency exists between the tribal water 
code as in existence on the day before the 
date of enactment of this Act and the 
Compact or this Act, the applicable provi-
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sion of the Compact or this Act shall con-
trol. 
(3) EXHAUSTION OF REMEDIES.—No member 
of the Tribe, allottee, or owner of fee land within the 
boundaries of the Reservation shall file against the 
United States a claim relating to water under the 
tribal water right pursuant to section 7 of the Act 
of February 8, 1887 (25 U.S.C. 381), or any other 
provision of law or otherwise request relief from the 
Secretary until the member, allottee, or owner ex-
hausts each applicable remedy under the tribal water 
code or other applicable tribal or Federal law. 
(f) LEASE OF TRIBAL WATER RIGHT.— 
(1) IN GENERAL.—The Tribe, without approval 
of the Secretary, may lease any portion of the tribal 
water right in accordance with article IV.D.2 of the 
Compact for use off the Reservation within the Mis-
souri River Basin, subject to the tribal water code 
and the terms and conditions of the Compact and 
applicable Federal law. 
(2) USE OF FUNDS.—Any funds paid to the 
Tribe under a lease under this subsection shall be 
the property of the Tribe, and the United States 
shall have no trust or other obligation to monitor, 
administer, or account for the funds. 
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(3) PROHIBITION
ON
PERMANENT
ALIEN-
ATION.—No portion of the tribal water right may be 
permanently alienated pursuant to a lease under this 
subsection. 
SEC. 8. BLACKFEET LAND AND WATER DEVELOPMENT 
FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as the 
‘‘Blackfeet Land and Water Development Fund’’ (referred 
to in this section as the ‘‘Fund’’), to be used to pay or 
reimburse costs incurred by the Tribe for— 
(1) the acquisition of land or water rights; 
(2) water resources planning, development, and 
construction, including storage and irrigation; 
(3) agricultural development; 
(4) restoring or improving fish or wildlife habi-
tat; 
(5) fish or wildlife production; 
(6) any other water storage project, land or 
land-related project, or water or water-related 
project; 
(7) cultural preservation; 
(8)(A) the operation and maintenance of water 
and water-related projects; and 
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(B) environmental compliance relating to those 
projects constructed under this Act; 
(9) development and support of administrative 
infrastructure to implement the Compact, the Birch 
Creek Agreement, and this Act, including the devel-
opment of the tribal water code; 
(10) design and construction of water supply 
and sewer systems and related facilities for tribal 
communities; 
(11) measures to address environmental condi-
tions on the Reservation; and 
(12) 
water-related 
economic 
development 
projects. 
(b) MANAGEMENT.—The Secretary shall manage the 
Fund in accordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et 
seq.), this Act, and the Compact. 
(c) 
INVESTMENT.—The 
Secretary 
shall 
invest 
amounts in the Fund in accordance with— 
(1) the Act of April 1, 1880 (25 U.S.C. 161); 
and 
(2) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a). 
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(d) NO FISCAL YEAR LIMITATION.—Amounts made 
available under this Act shall be available for expenditure 
or withdrawal without fiscal year limitation. 
(e) EXPENDITURES AND WITHDRAWALS.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Tribe may with-
draw any portion of amounts in the Fund on 
approval by the Secretary of a tribal manage-
ment plan under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under that Act (25 U.S.C. 4001 
et seq.), the tribal management plan shall re-
quire that the Tribe shall use any amounts 
withdrawn from the Fund for the purposes de-
scribed in subsection (a). 
(C) ACTION
BY
SECRETARY.—The Sec-
retary may take judicial or administrative ac-
tion to enforce the provisions of a tribal man-
agement plan to ensure that amounts with-
drawn from the Fund under the plan are used 
in accordance with this Act and the Compact. 
(D) LIABILITY.—On withdrawal by the 
Tribe of amounts in the Fund, the Secretary 
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and the Secretary of the Treasury shall not re-
tain liability for the expenditure or investment 
of those amounts. 
(2) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Tribe shall submit 
to the Secretary for approval an expenditure 
plan for any portion of the amounts in the 
Fund that the Tribe does not withdraw pursu-
ant to this subsection. 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes for which, the amounts remaining in 
the Fund will be used. 
(C) APPROVAL.—The Secretary shall ap-
prove an expenditure plan under this paragraph 
if the Secretary determines that the plan is— 
(i) reasonable; and 
(ii) consistent with this Act and the 
Compact. 
(3) REPORTS.—The Tribe shall submit to the 
Secretary an annual report that describes each ex-
penditure from the Fund during the year covered by 
the report. 
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(f) PER CAPITA DISTRIBUTIONS.—No portion of the 
Fund or the income accruing to the Fund shall be distrib-
uted to any member of the Tribe on a per capita basis. 
SEC. 9. BIRCH CREEK MITIGATION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as the 
‘‘Birch Creek Mitigation Fund’’ (referred to in this section 
as the ‘‘Fund’’) to be used to mitigate the impacts of de-
velopment of the tribal water right described in article 
III.C.1. of the Compact on the Birch Creek water supplies 
of the Pondera County Canal and Reservoir Company 
Project. 
(b) MANAGEMENT.—The Secretary, acting through 
the Commissioner of Reclamation, shall manage the Fund 
in accordance with this section. 
(c) DISBURSEMENT OF FUND.—Amounts from the 
Fund may not be disbursed until the expiration of the 
term of the Birch Creek Agreement. 
SEC. 10. WATER RIGHTS IN LEWIS AND CLARK NATIONAL 
FOREST. 
As part of the tribal water right, the Tribe shall hold 
the rights to water in the Lewis and Clark National Forest 
identified in the applicable claims filed by the United 
States on behalf of the Tribe, as those claims are finally 
decreed by the Montana Water Court. 
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SEC. 11. MILK RIVER WATER RIGHTS. 
(a) IDENTIFICATION OF ALTERNATIVES.—The Sec-
retary shall identify and implement alternatives to resolve 
any conflict between the Milk River water rights of the 
Tribe and the Fort Belknap Indian Community in a man-
ner that ensures that the full allocation of the water rights 
of each Indian tribe under the water rights compacts of 
the Indian tribes are fully satisfied. 
(b) AGREEMENT OF TRIBES.—The Secretary shall 
obtain the agreement of the Tribe and the Fort Belknap 
Indian Community to any alternative identified under sub-
section (a). 
(c) FUNDING.—Amounts used by the Secretary to 
implement any alternative identified under subsection (a) 
shall be in addition to the amounts authorized for the 
water rights settlements of the Tribe and the Fort 
Belknap Indian Community. 
SEC. 12. WAIVERS AND RELEASES OF CLAIMS. 
(a) WAIVER AND RELEASE OF CLAIMS BY TRIBE AND 
UNITED STATES AS TRUSTEE FOR TRIBE.—As a condi-
tion for recognition of the tribal water right and other ben-
efits under the Compact and this Act and subject to the 
retention of claims and rights under subsection (c), the 
Tribe and the United States, acting as trustee for the 
Tribe and the allottees, shall waive and release each claim 
for a water right that is or could be asserted in the civil 
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action styled ‘‘In the Matter of the Adjudication of the 
Existing and Reserved Rights to the Use of Water, Both 
Surface and Underground, of the Blackfeet Tribe of the 
Blackfeet Reservation within the State of Montana’’ and 
numbered WC–91–1, except to the extent that such a 
claim is recognized in the Compact or this Act. 
(b) CLAIMS AGAINST UNITED STATES.—As a condi-
tion of receiving the tribal water right and other benefits 
under the Compact and this Act and subject to the reten-
tion of claims and rights under subsection (c), the Tribe 
shall waive and release each claim against the United 
States— 
(1) for a water right that is or could be as-
serted in the civil action referred to in subsection 
(a); 
(2) for failure to protect, acquire, replace, or 
develop any water right that accrued as of the date 
of enactment of this Act; or 
(3) arising from the negotiation or adoption of 
the Compact. 
(c) RETENTION OF CERTAIN CLAIMS AND RIGHTS.— 
Notwithstanding the waivers and releases required under 
this section, the Tribe and the United States, acting as 
trustee for the Tribe and the allottees, shall retain— 
(1) all claims for enforcement of— 
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(A) the Compact; 
(B) any consent decree that settles a water 
right claim of the Tribe; or 
(C) this Act; 
(2) all rights to use and protect any water right 
acquired after the date of enactment of this Act; 
(3) all claims to water rights filed by the 
United States on behalf of the Tribe in Glacier Na-
tional Park for rights retained under the agreement 
dated September 19, 1895, and ratified on June 10, 
1896 (29 Stat. 321, chapter 398), unless the water 
right claims are dismissed in their entirety on entry 
of a final nonappelable decision by a court of com-
petent jurisdiction in any civil action to which the 
Tribe is a party; 
(4) all claims relating to activities affecting 
quality of water; and 
(5) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to the Compact or this Act. 
(d) EFFECTIVE DATE OF RELEASE AND WAIVERS.— 
The waivers under subsection (a) shall take effect on the 
enforceability date. 
(e) ENFORCEABILITY DATE.— 
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(1) IN
GENERAL.—The enforceability date is 
the date on which the Secretary publishes in the 
Federal Register a statement of findings that— 
(A) all parties to the Compact have exe-
cuted the Compact; 
(B) the Montana Water Court has issued 
a final judgment and decree approving the 
Compact, or if the Montana Water Court lacks 
jurisdiction, the United States district court for 
the appropriate jurisdiction has approved the 
Compact as a consent decree, and that approval 
is final; 
(C) the Compact has been ratified by a 
majority of eligible members of the Tribe voting 
in a referendum conducted by the Tribe pursu-
ant to tribal law; 
(D) the waivers and releases under sub-
section (a) have been executed by the Tribe and 
the Secretary; 
(E) the Tribe and the Secretary have en-
tered into the agreement described in section 
5(a)(2)(A); 
(F) the Secretary has fulfilled the require-
ments of section 5(b)(1); and 
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(G) the amounts authorized to be appro-
priated under section 14 have been appro-
priated. 
(2) EFFECT OF FAILURE TO PUBLISH.—If the 
Secretary fails to publish a statement of findings 
under paragraph (1) by December 31, 2016, or such 
extended date as is agreed to by the Tribe and the 
Secretary after reasonable notice to the State— 
(A) the ratification of the Compact is void; 
(B) the waivers and release of claims 
under this Act are nullified; 
(C) the authority provided by this Act shall 
terminate; and 
(D) any unexpended or uncommitted funds 
made available under section 14 shall revert to 
the general fund of the Treasury. 
(3) TOLLING OF CLAIMS.— 
(A) IN GENERAL.—Each applicable period 
of limitation and time-based equitable defense 
relating to a claim described in this section 
shall be tolled for the period beginning on the 
date of enactment of this Act and ending on the 
date on which the amounts authorized to be ap-
propriated to carry out this Act are appro-
priated. 
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(B) EFFECT OF SUBSECTION.—Nothing in 
this subsection revives any claim or tolls any 
period of limitation or time-based equitable de-
fense that expired before the date of enactment 
of this Act. 
(f) EFFECT.—Nothing in the Compact or this Act— 
(1) affects the ability of the United States to 
carry out any action— 
(A) authorized by law (including regula-
tions), including any law relating to health, 
safety, or the environment (including the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1251 et seq.), the Safe Drinking Water Act (42 
U.S.C. 300f et seq.), the Comprehensive Envi-
ronmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.), and 
the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.)); or 
(B) as trustee for any other Indian tribe or 
the allottees; or 
(2) confers jurisdiction on any State court— 
(A) to enforce Federal environmental law 
regarding the duties of the United States; or 
(B) to conduct judicial review of a Federal 
agency action. 
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SEC. 13. MISCELLANEOUS PROVISIONS. 
(a) CONSENT TO JURISDICTION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the United States consents to the juris-
diction of— 
(A) the Blackfeet-Montana Compact Board 
to achieve resolution of any dispute under the 
Compact; and 
(B) any court of competent jurisdiction for 
the enforcement of a decision of that board. 
(2) EXCEPTION.—The consent of the United 
States to jurisdiction under paragraph (1) does not 
extend to any civil action for monetary damages, 
costs, or attorney’s fees. 
(b) NO EFFECT ON OTHER INDIAN TRIBES.—Noth-
ing in this Act quantifies or diminishes any land or water 
right, or any claim or entitlement to land or water, of an 
Indian tribe other than the Tribe. 
(c) NO MAJOR FEDERAL ACTION.—The execution of 
the Compact by the Secretary shall not constitute a major 
Federal action under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(d) COMPLIANCE WITH FEDERAL LAW.—In carrying 
out the Compact, the Secretary shall comply with— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
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(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); and 
(3) all other applicable Federal environmental 
law (including regulations). 
(e) SEEKING OTHER FUNDS.—Nothing in this Act 
prohibits the Tribe from seeking additional funds for trib-
al programs or purposes or other funds from the United 
States or the State based on the status of the Tribe as 
an Indian tribe. 
(f) ACQUISITION AND EXERCISE OF OTHER WATER 
RIGHTS.—Nothing in this Act or the Compact precludes 
the acquisition or exercise of— 
(1) a State water right by the Tribe or any 
member of the Tribe outside the Reservation 
through purchase of the right, establishment of title 
to land outside the Reservation, or submission of an 
application in accordance with State law, except as 
provided in article III.J of the Compact; or 
(2) a Federal reserved water right associated 
with Federal land outside the Reservation as the re-
sult of— 
(A) the transfer of that land to the Tribe; 
or 
(B) the establishment of title by the Tribe 
to the land. 
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(g) OBJECTIONS TO CLAIMS.—Nothing in this Act or 
the Compact prohibits the Tribe, a member of the Tribe, 
an allottee, or the United States in any capacity from ob-
jecting to any claim to a water right filed in any general 
stream adjudication in the Montana Water Court. 
(h) IMPORT AND STORAGE IN BASINS.—Nothing in 
this Act or the Compact prevents the Tribe from partici-
pating in any project to import water to, or improve stor-
age in, any basin affecting the Reservation. 
(i) ENFORCEMENT
OF EXISTING LAW; DAMAGE 
CLAIMS.—Nothing in the Compact or this Act limits— 
(1) the ability of the United States, the State, 
or the Tribe to enforce any Federal, State, or tribal 
law (including common law) relating to the protec-
tion of the environment; or 
(2) the right to bring any claim of the Tribe, 
a member of the Tribe, or an allottee, or of the 
United States on behalf of the Tribe, a member of 
the Tribe, or an allottee, for— 
(A) damage to water quality on the Res-
ervation; or 
(B) depletion of surface flows or ground-
water. 
(j) NO PRECEDENT.—Nothing in this Act establishes 
a precedent in any civil action relating to— 
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(1) a reserved water right; or 
(2) the interpretation or administration of any 
compact between the United States and any State. 
(k) NO EFFECT ON SERVICES OR PROGRAMS FOR IN-
DIANS.—No payment made or benefit provided pursuant 
to this Act shall result in the reduction or denial of any 
Federal service or program to any Indian tribe or member 
of an Indian tribe to which the Indian tribe or member 
is otherwise entitled or eligible for because of— 
(1) the status of the Tribe as a federally recog-
nized Indian tribe; or 
(2) the status of such a member as an Indian. 
(l) PREFERENCE.—Applications of the Tribe shall be 
given preference under section 7(a) of the Federal Power 
Act (16 U.S.C. 800(a)) for issuance of any preliminary 
permit or license involving a Federal facility within the 
Reservation. 
(m) CONFLICTS BETWEEN ACT AND COMPACT.—If 
a provision of this Act conflicts with a provision of the 
Compact, the provision of this Act shall prevail. 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
(a) ST. MARY RIVER ALLOCATION.—There are au-
thorized to be appropriated to the Secretary such sums 
as are necessary to carry out section 5(a). 
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(b) BLACKFEET IRRIGATION PROJECT.—There is au-
thorized to be appropriated to the Secretary to carry out 
section 5(d) $125,000,000, adjusted as appropriate based 
on ordinary fluctuations during the period beginning on 
May 1, 2011, and ending on the date on which that 
amount is appropriated in construction cost indices appli-
cable to the types of construction involved in the rehabili-
tation and improvement activities under that section. 
(c) BLACKFEET LAND AND WATER DEVELOPMENT 
FUND.—There is authorized to be appropriated to the 
Secretary for deposit in the Blackfeet Land and Water 
Development 
Fund 
established 
by 
section 
8(a) 
$93,200,000 for each of fiscal years 2012 through 2016. 
(d) MILK RIVER WATER RIGHTS.—There are author-
ized to be appropriated to the Secretary such sums as are 
necessary to carry out section 11 (including the implemen-
tation of alternatives identified under subsection (a) of 
that section). 
Æ 
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