water right, or any claim or entitlement to land or water, 
of an Indian tribe, band, or community other than the 
Tribe. 
(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 
With respect to any Indian-owned land located within the 
Reservation— 
(1) the United States shall not submit against 
that land any claim for reimbursement of the cost 
to the United States of carrying out this Act or the 
Compact; and 
(2) no assessment of that land shall be made 
regarding that cost. 
(d) 
LIMITATION
ON
LIABILITY
OF
UNITED 
STATES.— 
(1) IN GENERAL.—The United States has no 
obligation— 
(A) to monitor, administer, or account for, 
in any manner, any funds provided to the Tribe 
by the State; or 
(B) to review or approve any expenditure 
of those funds. 
(2) INDEMNITY.—The Tribe shall indemnify the 
United States, and hold the United States harmless, 
with respect to all claims (including claims for 
takings or breach of trust) arising from the receipt 
VerDate Sep 11 2014 
00:31 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H5633.IH
H5633
SSpencer on DSK4SPTVN1PROD with BILLS
or expenditure of amounts described in the sub-
section. 
(e) EFFECT ON CURRENT LAW.—Nothing in this sec-
tion affects any provision of law (including regulations) 
in effect on the day before the date of enactment of this 
Act with respect to preenforcement review of any Federal 
environmental enforcement action. 
(f) EFFECT ON RECLAMATION LAWS.—The activities 
carried out by the Commissioner of Reclamation under 
this Act shall not establish a precedent or impact the au-
thority provided under any other provision of the reclama-
tion laws, including— 
(1) the Reclamation Rural Water Supply Act of 
2006 (43 U.S.C. 2401 et seq.); and 
(2) the Omnibus Public Land Management Act 
of 2009 (Public Law 111–11; 123 Stat. 991). 
(g) IRRIGATION
EFFICIENCY
IN
UPPER
BIRCH 
CREEK DRAINAGE.—Any activity carried out by the Tribe 
in the Upper Birch Creek Drainage (as defined in article 
II.50 of the Compact) using funds made available to carry 
out this Act shall achieve an irrigation efficiency of not 
less than 50 percent. 
(h) BIRCH CREEK AGREEMENT APPROVAL.—The 
Birch Creek Agreement is approved to the extent that the 
VerDate Sep 11 2014 
00:31 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H5633.IH
H5633
SSpencer on DSK4SPTVN1PROD with BILLS
Birch Creek Agreement requires approval under section 
2116 of the Revised Statutes (25 U.S.C. 177). 
(i) LIMITATION ON EFFECT.—Nothing in this Act or 
the Compact— 
(1) makes an allocation or apportionment of 
water between or among States; or 
(2) addresses or implies whether, how, or to 
what extent the Tribal water rights, or any portion 
of the Tribal water rights, should be accounted for 
as part of, or otherwise charged against, an alloca-
tion or apportionment of water made to a State in 
an interstate allocation or apportionment. 
SEC. 23. EXPIRATION ON FAILURE TO MEET ENFORCE-
ABILITY DATE. 
If the Secretary fails to publish a statement of find-
ings under section 20(f) by not later than January 21, 
2025, or such alternative later date as is agreed to by the 
Tribe and the Secretary, after reasonable notice to the 
State, as applicable— 
(1) this Act expires effective on the later of— 
(A) January 22, 2025; and 
(B) the day after such alternative later 
date as is agreed to by the Tribe and the Sec-
retary; 
VerDate Sep 11 2014 
00:31 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H5633.IH
H5633
SSpencer on DSK4SPTVN1PROD with BILLS
(2) any action taken by the Secretary and any 
contract or agreement entered into pursuant to this 
Act shall be void; 
(3) any amounts made available under section 
18, together with any interest on those amounts, 
that remain unexpended shall immediately revert to 
the general fund of the Treasury, except for any 
funds made available under section 16(e)(2) if the 
Montana Water Court denies the Tribe’s request to 
reinstate the objections in section 20(c); and 
(4) the United States shall be entitled to offset 
against any claims asserted by the Tribe against the 
United States relating to water rights— 
(A) any funds expended or withdrawn from 
the amounts made available pursuant to this 
Act; and 
(B) any funds made available to carry out 
the activities authorized by this Act from other 
authorized sources, except for any funds pro-
vided under section 16(e)(2) if the Montana 
Water court denies the Tribe’s request to rein-
state the objections in section 20(c). 
SEC. 24. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
VerDate Sep 11 2014 
00:31 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H5633.IH
H5633
SSpencer on DSK4SPTVN1PROD with BILLS
Act (including any obligation or activity under the Com-
pact) if— 
(1) adequate appropriations are not provided 
expressly by Congress to carry out the purposes of 
this Act; or 
(2) there are not enough monies available to 
carry out the purposes of this Act in the Reclama-
tion Water Settlements Fund established under sec-
tion 10501(a) of the Omnibus Public Land Manage-
ment Act of 2009 (43 U.S.C. 407(a)). 
SEC. 25. OFFSETS. 
If insufficient funds are appropriated to carry out 
this Act for a fiscal year, the Secretary may use to carry 
out this Act such amounts as are necessary from other 
amounts made available to the Secretary for that fiscal 
year that are not otherwise obligated. 
Æ 
VerDate Sep 11 2014 
00:31 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6301
E:\BILLS\H5633.IH
H5633
SSpencer on DSK4SPTVN1PROD with BILLS