mination and Education Assistance Act (25 U.S.C. 450 
et seq.), the Secretary shall enter into 1 or more agree-
ments with the Tribe to carry out this section. 
SEC. 12. DESIGN AND CONSTRUCTION OF WATER STORAGE 
AND IRRIGATION FACILITIES. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary, acting through the Commis-
sioner of Reclamation, shall plan, design, and construct 
1 or more facilities to store water and support irrigation 
on the Reservation in accordance with 1 or more agree-
ments between the Secretary and the Tribe. 
(b) LEAD AGENCY.—The Bureau of Reclamation 
shall serve as the lead agency with respect to any activity 
to design and construct the irrigation development and 
water storage facilities described in subsection (c). 
(c) SCOPE.— 
(1) IN GENERAL.—The scope of the design and 
construction under this section shall be as generally 
described in the document entitled ‘‘Blackfeet Water 
Storage, Development, and Project Report’’, pre-
pared by DOWL HKM, and dated March 13, 2013, 
as modified and agreed to by the Secretary and the 
Tribe, subject to the condition that, before com-
mencing final design and construction activities, the 
Secretary shall— 
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(A) review the design of the proposed con-
struction; 
(B) perform value engineering analyses; 
and 
(C) perform appropriate Federal compli-
ance activities. 
(2) MODIFICATION.—The Secretary may modify 
the scope of construction for the projects described 
in the document referred to in paragraph (1), if— 
(A) the modified project is— 
(i) similar in purpose to the proposed 
projects; and 
(ii) consistent with the purposes of 
this Act; and 
(B) the Secretary has consulted with the 
Tribe regarding any modification. 
(3) NEGOTIATION WITH TRIBE.—On the basis 
of the review described in paragraph (1)(A), the Sec-
retary shall negotiate with the Tribe appropriate 
changes, if any, to the final design— 
(A) to ensure that the final design meets 
applicable industry standards; 
(B) to improve the cost-effectiveness of any 
construction; and 
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(C) to ensure that the projects may be con-
structed using only the amounts made available 
under section 18. 
(d) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(e) FUNDING.—The total amount of obligations in-
curred by the Secretary in carrying out this section shall 
not exceed $87,300,000. 
(f) OWNERSHIP BY TRIBE.—Title to all facilities re-
habilitated or constructed under this section shall be held 
by the Tribe, except that title to the Birch Creek Unit 
of the Blackfeet Indian Irrigation Project shall remain 
with the Bureau of Indian Affairs. 
(g) ADMINISTRATION.—The Commissioner of Rec-
lamation and the Tribe shall negotiate the cost of any 
oversight activity carried out by the Bureau of Reclama-
tion under any agreement entered into under this section, 
subject to the condition that the total cost for the over-
sight shall not exceed 4 percent of the total costs incurred 
under this section. 
(h) OM&R COSTS.—The Federal Government shall 
have no obligation to pay for the operation, maintenance, 
or replacement costs for the facilities rehabilitated or con-
structed under this section. 
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(i) PROJECT EFFICIENCIES.—If the total cost of 
planning, design, and construction activities relating to 
the projects described in this section results in cost sav-
ings and is less than the amounts authorized to be obli-
gated, the Secretary, at the request of the Tribe, may— 
(1) use those cost savings to carry out a project 
described in section 7(d), 10, 11, or 13; or 
(2) deposit those cost savings to the Blackfeet 
OM&R Trust Account. 
(j) APPLICABILITY OF ISDEAA.—At the request of 
the Tribe, and in accordance with the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450 
et seq.), the Secretary shall enter into 1 or more agree-
ments with the Tribe to carry out this section. 
SEC. 13. BLACKFEET WATER, STORAGE, AND DEVELOP-
MENT PROJECTS. 
(a) IN GENERAL.— 
(1) SCOPE.—The scope of the construction 
under this section shall be as generally described in 
the document entitled ‘‘Blackfeet Water Storage, 
Development, and Project Report’’, prepared by 
DOWL HKM, and dated March 13, 2013, as modi-
fied and agreed to by the Secretary and the Tribe. 
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(2) MODIFICATION.—The Tribe may modify the 
scope of the projects described in the document re-
ferred to in paragraph (1) if— 
(A) the modified project is— 
(i) similar to the proposed project; 
and 
(ii) consistent with the purposes of 
this Act; and 
(B) the modification is approved by the 
Secretary. 
(b) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(c) FUNDING.—The total amount of obligations in-
curred by the Secretary in carrying out this section shall 
not exceed $91,000,000. 
(d) OM&R COSTS.—The Federal Government shall 
have no obligation to pay for the operation, maintenance, 
or replacement costs for the facilities rehabilitated or con-
structed under this section. 
(e) OWNERSHIP BY TRIBE.—Title to any facility con-
structed under this section shall be held by the Tribe. 
SEC. 14. EASEMENTS AND RIGHTS-OF-WAY. 
(a) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 
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(1) IN GENERAL.—On request of the Secretary, 
the Tribe shall grant, at no cost to the United 
States, such easements and rights-of-way over tribal 
land as are necessary for the construction of the 
projects authorized by sections 10 and 11. 
(2) JURISDICTION.—An easement or right-of- 
way granted by the Tribe pursuant to paragraph (1) 
shall not affect in any respect the civil or criminal 
jurisdiction of the Tribe over the easement or right- 
of-way. 
(b) LANDOWNER
EASEMENTS
AND
RIGHTS-OF- 
WAY.—In partial consideration for the construction activi-
ties authorized by section 11, and as a condition of receiv-
ing service from the MR&I System, a landowner shall 
grant, at no cost to the United States or the Tribe, such 
easements and rights-of-way over the land of the land-
owner as may be necessary for the construction of the 
MR&I System. 
(c) LAND
ACQUIRED
BY
UNITED
STATES
OR 
TRIBE.—Any land acquired within the boundaries of the 
Reservation by the United States on behalf of the Tribe, 
or by the Tribe on behalf of the Tribe, in connection with 
achieving the purposes of this Act shall be held in trust 
by the United States for the benefit of the Tribe. 
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SEC. 15. TRIBAL WATER RIGHTS. 
(a) CONFIRMATION OF TRIBAL WATER RIGHTS.— 
(1) IN GENERAL.—The Tribal water rights are 
ratified, confirmed, and declared to be valid. 
(2) USE.—Any use of the Tribal water rights 
shall be subject to the terms and conditions of the 
Compact and this Act. 
(3) CONFLICT.—In the event of a conflict be-
tween the Compact and this Act, the provisions of 
this Act shall control. 
(b) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to each allottee benefits that are equiva-
lent to, or exceed, the benefits the allottees possess on the 
day before the date of enactment of this Act, taking into 
consideration— 
(1) the potential risks, cost, and time delay as-
sociated with litigation that would be resolved by the 
Compact and this Act; 
(2) the availability of funding under this Act 
and from other sources; 
(3) the availability of water from the Tribal 
water rights; and 
(4) the applicability of section 7 of the Act of 
February 8, 1887 (25 U.S.C. 381), and this Act to 
protect the interests of allottees. 
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(c) TRUST STATUS OF TRIBAL WATER RIGHTS.— 
The Tribal water rights— 
(1) shall be held in trust by the United States 
for the use and benefit of the Tribe and the allottees 
in accordance with this Act; and 
(2) shall not be subject to forfeiture or aban-
donment. 
(d) ALLOTTEES.— 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 
1887.—The provisions of section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381), relating to the use 
of water for irrigation purposes shall apply to the 
Tribal water rights. 
(2) ENTITLEMENT
TO
WATER.—Any entitle-
ment to water of an allottee under Federal law shall 
be satisfied from the Tribal water rights. 
(3) ALLOCATIONS.—An allottee shall be entitled 
to a just and equitable allocation of water for irriga-
tion purposes. 
(4) CLAIMS.— 
(A) EXHAUSTION OF REMEDIES.—Before 
asserting any claim against the United States 
under section 7 of the Act of February 8, 1887 
(25 U.S.C. 381), or any other applicable law, 
an allottee shall exhaust remedies available 
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under the tribal water code or other applicable 
tribal law. 
(B) ACTION FOR RELIEF.—After the ex-
haustion of all remedies available under the 
tribal water code or other applicable tribal law, 
an allottee may seek relief under section 7 of 
the Act of February 8, 1887 (25 U.S.C. 381), 
or other applicable law. 
(5) AUTHORITY
OF
SECRETARY.—The Sec-
retary shall have the authority to protect the rights 
of allottees in accordance with this section. 
(e) AUTHORITY OF TRIBE.— 
(1) IN GENERAL.—The Tribe shall have the au-
thority to allocate, distribute, and lease the Tribal 
water rights for any use on the Reservation in ac-
cordance with the Compact, this Act, and applicable 
Federal law. 
(2) OFF-RESERVATION
USE.—The Tribe may 
allocate, distribute, and lease the Tribal water rights 
for off-Reservation use in accordance with the Com-
pact, subject to the approval of the Secretary. 
(3) LAND
LEASES
BY
ALLOTTEES.—Notwith-
standing paragraph (1), an allottee may lease any 
interest in land held by the allottee, together with 
any water right determined to be appurtenant to the 
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interest in land, in accordance with the tribal water 
code. 
(f) TRIBAL WATER CODE.— 
(1) 
IN
GENERAL.—Notwithstanding 
article 
IV.C.1. of the Compact, not later than 4 years after 
the date on which the Tribe ratifies the Compact in 
accordance with this Act, the Tribe shall enact a 
tribal water code that provides for— 
(A) the management, regulation, and gov-
ernance of all uses of the Tribal water rights in 
accordance with the Compact and this Act; and 
(B) establishment by the Tribe of condi-
tions, permit requirements, and other require-
ments for the allocation, distribution, or use of 
the Tribal water rights in accordance with the 
Compact and this Act. 
(2) INCLUSIONS.—Subject to the approval of 
the Secretary, the tribal water code shall provide— 
(A) that use of water by allottees shall be 
satisfied with water from the Tribal water 
rights; 
(B) a process by which an allottee may re-
quest that the Tribe provide water for irrigation 
use in accordance with this Act, including the 
provision of water under any allottee lease 
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under section 4 of the Act of June 25, 1910 
(25 U.S.C. 403); 
(C) a due process system for the consider-
ation and determination by the Tribe of any re-
quest by an allottee (or a successor in interest 
to an allottee) for an allocation of water for ir-
rigation purposes on allotted land, including a 
process for— 
(i) appeal and adjudication of any de-
nied or disputed distribution of water; and 
(ii) resolution of any contested admin-
istrative decision; and 
(D) a requirement that any allottee assert-
ing a claim relating to the enforcement of rights 
of the allottee under the tribal water code, or 
to the quantity of water allocated to land of the 
allottee, shall exhaust all remedies available to 
the allottee under tribal law before initiating an 
action against the United States or petitioning 
the Secretary pursuant to subsection (d)(4)(B). 
(3) ACTION BY SECRETARY.— 
(A) IN GENERAL.—During the period be-
ginning on the date of enactment of this Act 
and ending on the date on which a tribal water 
code described in paragraphs (1) and (2) is en-
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acted, the Secretary shall administer, with re-
spect to the rights of allottees, the Tribal water 
rights in accordance with this Act. 
(B) APPROVAL.—The tribal water code de-
scribed in paragraphs (1) and (2) shall not be 
valid unless— 
(i) the provisions of the tribal water 
code required by paragraph (2) are ap-
proved by the Secretary; and 
(ii) each amendment to the tribal 
water code that affects a right of an allot-
tee is approved by the Secretary. 
(C) APPROVAL PERIOD.— 
(i) IN GENERAL.—The Secretary shall 
approve or disapprove the tribal water code 
or an amendment to the tribal water code 
not later than 180 days after the date on 
which the tribal water code or amendment 
is submitted to the Secretary. 
(ii) EXTENSION.—The deadline de-
scribed in clause (i) may be extended by 
the Secretary after consultation with the 
Tribe. 
(g) ADMINISTRATION.— 
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