I 
111TH CONGRESS 
2D SESSION 
H. R. 4613 
To settle land claims within the Fort Hall Reservation. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2010 
Mr. SIMPSON (for himself and Mr. MINNICK) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To settle land claims within the Fort Hall Reservation. 
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 ‘‘Blackfoot River Land 
Settlement Act of 2010’’. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) it is the policy of the United States to pro-
mote tribal self-determination and economic self-suf-
ficiency and encourage the resolution of disputes 
over historical claims through mutually agreed-upon 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS
settlements between Indian tribes and the United 
States; 
(2) the Shoshone-Bannock Tribes, a federally 
recognized Indian tribe with tribal headquarters at 
Fort Hall, Idaho— 
(A) adopted a tribal constitution and by-
laws on March 31, 1936, that were approved by 
the Secretary of the Interior on April 30, 1936, 
pursuant to the Act of June 18, 1934 (25 
U.S.C. 461 et seq.) (commonly known as the 
‘‘Indian Reorganization Act’’); 
(B) has entered into various treaties with 
the United States, including the Second Treaty 
of Fort Bridger, executed on July 3, 1868; and 
(C) has maintained a continuous govern-
ment-to-government 
relationship 
with 
the 
United States since the earliest years of the 
Union; 
(3)(A) in 1867, President Andrew Johnson des-
ignated by Executive order the Fort Hall Reserva-
tion for various bands of Shoshone and Bannock In-
dians; 
(B) the Reservation is located near the cities of 
Blackfoot and Pocatello in southeastern Idaho; and 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS
(C) article 4 of the Second Treaty of Fort 
Bridger secured the Reservation as a ‘‘permanent 
home’’ for the Shoshone-Bannock Tribes; 
(4)(A) according to the Executive order referred 
to in paragraph (3)(A), the Blackfoot River, as the 
river existed in its natural state— 
(i) is the northern boundary of the Res-
ervation; and 
(ii) flows in a westerly direction along that 
northern boundary; and 
(B) within the Reservation, land use in the 
River watershed is dominated by— 
(i) rangeland; 
(ii) dry and irrigated farming; and 
(iii) residential development; 
(5)(A) in 1964, the Corps of Engineers com-
pleted a local flood protection project on the River— 
(i) authorized by section 204 of the Flood 
Control Act of 1950 (64 Stat. 170); and 
(ii) sponsored by the Blackfoot River Flood 
Control District No. 7; 
(B) the project consisted of building levees, re-
placing irrigation diversion structures, replacing 
bridges, and channel realignment; and 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS
(C) the channel realignment portion of the 
project severed various parcels of land located con-
tiguous to the River along the boundary of the Res-
ervation, resulting in Indian land being located 
north of the Realigned River and non-Indian land 
being located south of the Realigned River; 
(6) beginning in 1999, the Cadastral Survey 
Office of the Bureau of Land Management con-
ducted surveys of— 
(A) 25 parcels of Indian land; and 
(B) 19 parcels of non-Indian land; 
(7) in 1988, many non-Indian landowners and 
non-Indians acquiring Indian land filed claims in the 
Snake River Basin Adjudication seeking water rights 
that included a place of use on Indian land; and 
(8) the enactment of this Act and the distribu-
tion of funds in accordance with section 12(b) would 
represent an agreement among— 
(A) the Tribes; 
(B) the allottees; 
(C) the non-Indians acquiring Indian land; 
and 
(D) the non-Indian landowners. 
(b) PURPOSES.—The purposes of this Act are— 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS
(1) to resolve the disputes resulting from re-
alignment of the River by the Corps of Engineers 
during calendar year 1964 pursuant to the project 
described in subsection (a)(5)(A); and 
(2) to achieve a fair, equitable, and final settle-
ment of all claims and potential claims arising from 
those disputes. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ALLOTTEE.—The term ‘‘allottee’’ means an 
heir of an original allottee of the Reservation who 
owns an interest in a parcel of land that is— 
(A) held in trust by the United States for 
the benefit of the Tribes or allottee; and 
(B) located north of the Realigned River 
within the exterior boundaries of the Reserva-
tion. 
(2) INDIAN
LAND.—The term ‘‘Indian land’’ 
means any parcel of land that is— 
(A) held in trust by the United States for 
the benefit of the Tribes or the allottees; 
(B) located north of the Realigned River; 
and 
(C) identified in exhibit C of the survey of 
the Bureau of Land Management titled ‘‘Survey 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS
sidered to be held in trust by the United States for the 
benefit of the Tribes. 
SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND. 
Effective beginning on the date on which the amounts 
appropriated pursuant to section 12 are distributed in ac-
cordance with that section to the tribal trust fund account 
and the allottee trust account, the Indian land shall be 
transferred to the Blackfoot River Flood Control District 
No. 7 for conveyance to the non-Indians acquiring Indian 
land. 
SEC. 7. TRIBAL TRUST FUND ACCOUNT AND ALLOTTEE 
TRUST ACCOUNT. 
(a) TRIBAL TRUST FUND ACCOUNT.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States an account, to be 
known as the ‘‘tribal trust fund account’’, consisting 
of such amounts as are deposited in the account 
under section 12(b)(1). 
(2) INVESTMENT.—The Secretary of the Treas-
ury shall invest amounts in the tribal trust fund ac-
count for the benefit of the Tribes, in accordance 
with applicable laws and regulations. 
(3) DISTRIBUTION.—The Secretary of the 
Treasury shall distribute amounts in the tribal trust 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS
fund account to the Tribes pursuant to a budget 
adopted by the Tribes that describes— 
(A) the amounts required by the Tribes; 
and 
(B) the intended uses of the amounts, in 
accordance with paragraph (4). 
(4) USE
OF
FUNDS.—The Tribes may use 
amounts in the tribal trust fund account (including 
interest earned on those amounts), without fiscal 
year limitation, for activities relating to— 
(A) construction of a natural resources fa-
cility; 
(B) water resources needs; 
(C) economic development; 
(D) land acquisition; and 
(E) such other purposes as the Tribes de-
termine to be appropriate. 
(b) ALLOTTEE TRUST ACCOUNT.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States an account, to be 
known as the ‘‘allottee trust account’’, consisting of 
such amounts as are deposited in the account under 
section 12(b)(2). 
(2) DEPOSIT
INTO
IIMS.—Not later than 60 
days after the date on which amounts are deposited 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS
in the allottee trust account under section 12(b)(2), 
the Secretary of the Treasury shall deposit the 
amounts into individual Indian money accounts for 
the allottees. 
(3) INVESTMENT.—The Secretary of the Treas-
ury shall invest amounts in the individual Indian 
money accounts under paragraph (2) in accordance 
with applicable laws and regulations. 
SEC. 8. ATTORNEYS FEES. 
(a) IN GENERAL.—Subject to subsection (b), of the 
amounts appropriated pursuant to section 12(a), the Sec-
retary shall pay to the attorneys of the Tribes and the 
non-Indian landowners such attorneys fees as are ap-
proved by the Tribes and the non-Indian landowners. 
(b) LIMITATION.—The total amount of attorneys fees 
paid by the Secretary under subsection (a) shall not exceed 
2 percent of the amounts distributed to the Tribes, 
allottees, and the non-Indian landowners under section 
12(b). 
SEC. 9. EFFECT ON ORIGINAL RESERVATION BOUNDARY. 
Nothing in this Act affects the original boundary of 
the Reservation, as established by Executive order during 
calendar year 1867 and confirmed by treaty during cal-
endar year 1868. 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS
SEC. 10. EFFECT ON TRIBAL WATER RIGHTS. 
Nothing in this Act extinguishes or conveys any water 
right of the Tribes, as established in the agreement enti-
tled ‘‘1990 Fort Hall Indian Water Rights Agreement’’ 
and ratified by section 4 of the Fort Hall Indian Water 
Rights Act of 1990 (Public Law 101–602; 104 Stat. 
3060). 
SEC. 11. DISCLAIMERS REGARDING CLAIMS. 
Nothing in this Act— 
(1) affects in any manner the sovereign claim 
of the State of Idaho to title in and to the beds and 
banks of the River under the equal footing doctrine 
of the Constitution of the United States; 
(2) affects any action by the State of Idaho to 
establish that title under section 2409a of title 28, 
United States Code (commonly known as the ‘‘Quiet 
Title Act’’); 
(3) affects the ability of the Tribes or the 
United States to claim ownership of the beds and 
banks of the River; or 
(4) extinguishes or conveys any water rights of 
non-Indian landowners or the claims of the land-
owners to water rights in the Snake River Basin Ad-
judication. 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS
SEC. 12. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this Act 
$1,000,000. 
(b) DISTRIBUTION.—After the date on which all at-
torneys fees are paid under section 8, the amount appro-
priated pursuant to subsection (a) shall be distributed 
among the Tribes, the allottees, and the Blackfoot River 
Flood Control District No. 7 as follows: 
(1) 28 percent shall be deposited into the tribal 
trust fund account established by section 7(a)(1). 
(2) 25 percent shall be deposited into the allot-
tee trust account established by section 7(b)(1). 
(3) 47 percent shall be provided to the Black-
foot River Flood Control District No. 7 for— 
(A) distribution to the non-Indian land-
owners on a pro rata, per-acre basis; and 
(B) associated administrative expenses. 
(c) PER
CAPITA
PAYMENTS
PROHIBITED.—No 
amount received by the Tribes under this Act shall be dis-
tributed to a member of the Tribes on a per capita basis. 
SEC. 13. EFFECTIVE DATE. 
This Act takes effect on the date on which the 
amount described in section 12(a) is appropriated. 
Æ 
VerDate Nov 24 2008 
05:25 Feb 05, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H4613.IH
H4613
jbell on DSKDVH8Z91PROD with BILLS