I 
118TH CONGRESS 
1ST SESSION H. R. 5088 
To provide for the settlement of the water rights claims of the Fort Belknap 
Indian Community, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2023 
Mr. ROSENDALE introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To provide for the settlement of the water rights claims 
of the Fort Belknap Indian Community, 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 ‘‘Fort Belknap Indian 
Community Water Rights Settlement Act of 2023’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of claims to water rights in the State of Mon-
tana for— 
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(A) the Fort Belknap Indian Community 
of the Fort Belknap Reservation of Montana; 
and 
(B) the United States, acting as trustee 
for the Fort Belknap Indian Community and 
allottees; 
(2) to authorize, ratify, and confirm the water 
rights compact entered into by the Fort Belknap In-
dian Community and the State, to the extent that 
the Compact is consistent with this Act; 
(3) to authorize and direct the Secretary— 
(A) to execute the Compact; and 
(B) to take any other actions necessary to 
carry out the Compact in accordance with this 
Act; 
(4) to authorize funds necessary for the imple-
mentation of the Compact and this Act; and 
(5) to authorize the exchange and transfer of 
certain Federal and State land. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ALLOTTEE.—The term ‘‘allottee’’ means an 
individual who holds a beneficial real property inter-
est in an allotment of Indian land that is— 
(A) located within the Reservation; and 
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(B) held in trust by the United States. 
(2) BLACKFEET TRIBE.—The term ‘‘Blackfeet 
Tribe’’ means the Blackfeet Tribe of the Blackfeet 
Indian Reservation of Montana. 
(3) CERCLA.—The term ‘‘CERCLA’’ means the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.). 
(4) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of Reclamation. 
(5) COMPACT.—The term ‘‘Compact’’ means— 
(A) the Fort Belknap-Montana water 
rights compact dated April 16, 2001, as con-
tained in section 85–20–1001 of the Montana 
Code Annotated (2021); and 
(B) any appendix (including appendix 
amendments), part, or amendment to the Com-
pact that is executed to make the Compact con-
sistent with this Act. 
(6) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date described in sec-
tion 11(f). 
(7) FORT BELKNAP INDIAN COMMUNITY.—The 
term ‘‘Fort Belknap Indian Community’’ means the 
Gros Ventre and Assiniboine Tribes of the Fort 
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Belknap Reservation of Montana, a federally recog-
nized Indian Tribal entity included on the list pub-
lished by the Secretary pursuant to section 104(a) 
of the Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 5131(a)). 
(8) FORT BELKNAP INDIAN COMMUNITY COUN-
CIL.—The term ‘‘Fort Belknap Indian Community 
Council’’ means the governing body of the Fort 
Belknap Indian Community. 
(9) 
FORT
BELKNAP
INDIAN
IRRIGATION 
PROJECT.— 
(A) 
IN
GENERAL.—The 
term 
‘‘Fort 
Belknap Indian Irrigation Project’’ means the 
Federal Indian irrigation project constructed 
and operated by the Bureau of Indian Affairs, 
consisting of the Milk River unit, including— 
(i) the Three Mile unit; and 
(ii) the White Bear unit. 
(B) 
INCLUSIONS.—The 
term 
‘‘Fort 
Belknap Indian Irrigation Project’’ includes any 
addition to the Fort Belknap Indian Irrigation 
Project constructed pursuant to this Act, in-
cluding expansion of the Fort Belknap Indian 
Irrigation Project, the Pumping Plant, delivery 
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Pipe and Canal, the Fort Belknap Reservoir 
and Dam, and the Peoples Creek Flood Project. 
(10) IMPLEMENTATION FUND.—The term ‘‘Im-
plementation Fund’’ means the Fort Belknap Indian 
Community Water Settlement Implementation Fund 
established by section 13(a). 
(11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(12) LAKE ELWELL.—The term ‘‘Lake Elwell’’ 
means the water impounded on the Marias River in 
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). 
(13) MALTA IRRIGATION DISTRICT.—The term 
‘‘Malta Irrigation District’’ means the public cor-
poration— 
(A) created on December 28, 1923, pursu-
ant to the laws of the State relating to irriga-
tion districts; and 
(B) headquartered in Malta, Montana. 
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(14) MILK
RIVER.—The term ‘‘Milk River’’ 
means the mainstem of the Milk River and each 
tributary of the Milk River between the headwaters 
of the Milk River and the confluence of the Milk 
River with the Missouri River, consisting of— 
(A) Montana Water Court Basins 40F, 
40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and 
40O; and 
(B) the portion of the Milk River and each 
tributary of the Milk River that flows through 
the Canadian Provinces of Alberta and Sas-
katchewan. 
(15) 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 Unit; 
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(ii) the Fresno Dam and Reservoir; 
and 
(iii) the Dodson pumping unit. 
(16) MISSOURI RIVER BASIN.—The term ‘‘Mis-
souri River Basin’’ means the hydrologic basin of 
the Missouri River, including tributaries. 
(17) OPERATIONS
AND
MAINTENANCE.—The 
term ‘‘operations and maintenance’’ means the Bu-
reau of Indian Affairs operations and maintenance 
activities related to costs described in section 
171.500 of title 25, Code of Federal Regulations (or 
a successor regulation). 
(18) OPERATIONS, MAINTENANCE, AND
RE-
PLACEMENT.—The term ‘‘operations, maintenance, 
and replacement’’ means— 
(A) any recurring or ongoing activity asso-
ciated with the day-to-day operation of a 
project; 
(B) any activity relating to scheduled or 
unscheduled maintenance of a project; and 
(C) any activity relating to repairing, re-
placing, or rehabilitating a feature of a project. 
(19) PICK-SLOAN MISSOURI RIVER BASIN PRO-
GRAM.—The term ‘‘Pick-Sloan Missouri River Basin 
Program’’ means the Pick-Sloan Missouri River 
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Basin Program (authorized by section 9 of the Act 
of December 22, 1944 (commonly known as the 
‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter 
665)). 
(20) PMM.—The term ‘‘PMM’’ means the 
Principal Meridian, Montana. 
(21) RESERVATION.— 
(A) IN
GENERAL.—The term ‘‘Reserva-
tion’’ means the area of the Fort Belknap Res-
ervation in the State, as modified by this Act. 
(B) INCLUSIONS.—The term ‘‘Reserva-
tion’’ includes— 
(i) all land and interests in land es-
tablished by— 
(I) the Agreement with the Gros 
Ventre and Assiniboine Tribes of the 
Fort Belknap Reservation, ratified by 
the Act of May 1, 1888 (25 Stat. 113, 
chapter 212), as modified by the 
Agreement with the Indians of the 
Fort Belknap Reservation of October 
9, 1895 (ratified by the Act of June 
10, 1896) (29 Stat. 350, chapter 
398); 
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(II) the Act of March 3, 1921 
(41 Stat. 1355, chapter 135); and 
(III) Public Law 94–114 (25 
U.S.C. 5501 et seq.); 
(ii) the land known as the ‘‘Hancock 
lands’’ purchased by the Fort Belknap In-
dian Community pursuant to the Fort 
Belknap Indian Community Council Reso-
lution No. 234–89 (October 2, 1989); and 
(iii) all land transferred to the United 
States to be held in trust for the benefit of 
the Fort Belknap Indian Community under 
section 6. 
(22) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(23) ST. MARY UNIT.— 
(A) IN
GENERAL.—The term ‘‘St. Mary 
Unit’’ means the St. Mary Storage Unit of the 
Milk River Project authorized by Congress on 
March 25, 1905. 
(B) INCLUSIONS.—The term ‘‘St. Mary 
Unit’’ includes— 
(i) Sherburne Dam and Reservoir; 
(ii) Swift Current Creek Dike; 
(iii) Lower St. Mary Lake; 
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(iv) St. Mary Canal Diversion Dam; 
and 
(v) St. Mary Canal and appur-
tenances. 
(24) STATE.—The term ‘‘State’’ means the 
State of Montana. 
(25) TRIBAL WATER CODE.—The term ‘‘Tribal 
water code’’ means the Tribal water code enacted by 
the Fort Belknap Indian Community pursuant to 
section 5(g). 
(26) TRIBAL WATER RIGHTS.—The term ‘‘Trib-
al water rights’’ means the water rights of the Fort 
Belknap Indian Community, as described in Article 
III of the Compact and this Act, including the allo-
cation of water to the Fort Belknap Indian Commu-
nity from Lake Elwell under section 7. 
(27) TRUST FUND.—The term ‘‘Trust Fund’’ 
means the Aaniiih Nakoda Settlement Trust Fund 
established for the Fort Belknap Indian Community 
under section 12(a). 
SEC. 4. RATIFICATION OF COMPACT. 
(a) RATIFICATION OF COMPACT.— 
(1) IN GENERAL.—As modified by this Act, the 
Compact is authorized, ratified, and confirmed. 
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(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) other applicable Federal environmental 
laws and regulations. 
(2) COMPLIANCE.— 
(A) IN
GENERAL.—In implementing the 
Compact and this Act, the Fort Belknap Indian 
Community shall prepare any necessary envi-
ronmental documents, consistent with all appli-
cable provisions of— 
(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(ii) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4231 et seq.), in-
cluding the implementing regulations of 
that Act; and 
(iii) all other applicable Federal envi-
ronmental laws and regulations. 
(B) 
AUTHORIZATIONS.—The 
Secretary 
shall— 
(i) independently evaluate the docu-
mentation submitted under subparagraph 
(A); and 
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(ii) be responsible for the accuracy, 
scope, and contents of that documentation. 
(3) EFFECT OF EXECUTION.—The execution of 
the Compact by the Secretary under this section 
shall not constitute a major Federal action for pur-
poses of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
(4) COSTS.—Any costs associated with the per-
formance of the compliance activities under this sub-
section shall be paid from funds deposited in the 
Trust Fund, subject to the condition that any costs 
associated with the performance of Federal approval 
or other review of such compliance work or costs as-
sociated with inherently Federal functions shall re-
main the responsibility of the Secretary. 
SEC. 5. 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, this Act shall con-
trol. 
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(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 (24 Stat. 390, chapter 119; 25 
U.S.C. 381), and this Act to protect the interests of 
allottees. 
(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 Fort Belknap Indian 
Community and allottees in accordance with this 
Act; and 
(2) shall not be subject to loss through non-use, 
forfeiture, or abandonment. 
(d) ALLOTTEES.— 
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(1) APPLICABILITY OF THE ACT OF FEBRUARY 
8, 1887.—The provisions of section 7 of the Act of 
February 8, 1887 (24 Stat. 390, chapter 119; 25 
U.S.C. 381), relating to the use of water for irriga-
tion 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 
(24 Stat. 390, chapter 119; 25 U.S.C. 381), or 
any other applicable law, an allottee shall ex-
haust remedies available 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 (24 Stat. 390, 
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chapter 119; 25 U.S.C. 381), or other applica-
ble law. 
(5) AUTHORITY OF THE SECRETARY.—The Sec-
retary shall have the authority to protect the rights 
of allottees in accordance with this section. 
(e) AUTHORITY
OF
THE FORT BELKNAP INDIAN 
COMMUNITY.— 
(1) IN
GENERAL.—The Fort Belknap Indian 
Community shall have the authority to allocate, dis-
tribute, and lease the Tribal water rights for use on 
the Reservation in accordance with the Compact, 
this Act, and applicable Federal law. 
(2) 
OFF-RESERVATION
USE.—The 
Fort 
Belknap Indian Community may allocate, distribute, 
and lease the Tribal water rights for off-Reservation 
use in accordance with the Compact, this Act, and 
applicable Federal law— 
(A) subject to the approval of the Sec-
retary; or 
(B) pursuant to Tribal water leasing regu-
lations consistent with the requirements of sub-
section (f). 
(3) LAND
LEASES
BY
ALLOTTEES.—Notwith-
standing paragraph (1), an allottee may lease any 
interest in land held by the allottee, together with 
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any water right determined to be appurtenant to the 
interest in land, in accordance with the Tribal water 
code. 
(f) TRIBAL WATER LEASING REGULATIONS.— 
(1) IN GENERAL.—At the discretion of the Fort 
Belknap Indian Community, any water lease of the 
Fort Belknap Indian Community of the Tribal water 
rights for use on or off the Reservation shall not re-
quire the approval of the Secretary if the lease— 
(A) is executed under tribal regulations, 
approved by the Secretary under this sub-
section; 
(B) is in accordance with the Compact; 
and 
(C) does not exceed a term of 100 years, 
except that a lease may include an option to 
renew for 1 additional term of not to exceed 
100 years. 
(2) AUTHORITY
OF
THE
SECRETARY
OVER 
TRIBAL WATER LEASING REGULATIONS.— 
(A) IN
GENERAL.—The Secretary shall 
have the authority to approve or disapprove any 
Tribal water leasing regulations issued in ac-
cordance with paragraph (1). 
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(B) CONSIDERATIONS
FOR
APPROVAL.— 
The Secretary shall approve any Tribal water 
leasing regulations issued in accordance with 
paragraph (1) if the Tribal water leasing regu-
lations— 
(i) provide for an environmental re-
view process that includes— 
(I) the identification and evalua-
tion of any significant effects of the 
proposed action on the environment; 
and 
(II) a process for ensuring that— 
(aa) the public is informed 
of, and has a reasonable oppor-
tunity to comment on, any sig-
nificant environmental impacts of 
the proposed action identified by 
the Fort Belknap Indian Com-
munity; and 
(bb) the Fort Belknap In-
dian Community provides re-
sponses to relevant and sub-
stantive 
public 
comments 
on 
those impacts prior to its ap-
proval of a water lease; and 
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(ii) are consistent with this Act and 
the Compact. 
(3) REVIEW PROCESS.— 
(A) IN
GENERAL.—Not later than 120 
days after the date on which Tribal water leas-
ing regulations under paragraph (1) are sub-
mitted to the Secretary, the Secretary shall re-
view and approve or disapprove the regulations. 
(B) WRITTEN
DOCUMENTATION.—If the 
Secretary disapproves the Tribal water leasing 
regulations described in subparagraph (A), the 
Secretary shall include written documentation 
with the disapproval notification that describes 
the basis for this disapproval. 
(C) EXTENSION.—The deadline described 
in subparagraph (A) may be extended by the 
Secretary, after consultation with the Fort 
Belknap Indian Community. 
(4) FEDERAL ENVIRONMENTAL REVIEW.—Not-
withstanding paragraphs (2) and (3), if the Fort 
Belknap Indian Community carries out a project or 
activity funded by a Federal agency, the Fort 
Belknap Indian Community— 
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(A) shall have the authority to rely on the 
environmental review process of the applicable 
Federal agency; and 
(B) shall not be required to carry out a 
tribal environmental review process under this 
subsection. 
(5) DOCUMENTATION.—If the Fort Belknap In-
dian Community issues a lease pursuant to Tribal 
water leasing regulations under paragraph (1), the 
Fort Belknap Indian Community shall provide the 
Secretary and the State a copy of the lease, includ-
ing any amendments or renewals to the lease. 
(6) LIMITATION OF LIABILITY.— 
(A) IN
GENERAL.—The United States 
shall not be liable in any claim relating to the 
negotiation, execution, or approval of any lease 
or exchange agreement or storage agreement, 
including any claims relating to the terms in-
cluded in such an agreement, made pursuant to 
Tribal water leasing regulations under para-
graph (1). 
(B) OBLIGATIONS.—The United States 
shall have no trust obligation or other obliga-
tion to monitor, administer, or account for— 
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(i) any funds received by the Fort 
Belknap Indian Community as consider-
ation under any lease or exchange agree-
ment or storage agreement; or 
(ii) the expenditure of those funds. 
(g) TRIBAL WATER CODE.— 
(1) IN
GENERAL.—Notwithstanding Article 
IV.A.2. of the Compact, not later than 4 years after 
the date on which the Fort Belknap Indian Commu-
nity approves the Compact in accordance with sec-
tion 11(f)(1), the Fort Belknap Indian Community 
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) the establishment by the Fort Belknap 
Indian Community of the conditions, permit re-
quirements, and other requirements for the allo-
cation, 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— 
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(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 Fort Belknap Indian Community 
provide water for irrigation use in accordance 
with this Act, including the provision of water 
under any allottee lease under section 4 of the 
Act of June 25, 1910 (36 Stat. 856, chapter 
431; 25 U.S.C. 403); 
(C) a due process system for the consider-
ation and determination by the Fort Belknap 
Indian Community of any request of an allottee 
(or a successor in interest to an allottee) for an 
allocation of water for irrigation purposes on al-
lotted 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; 
(D) a requirement that any allottee assert-
ing a claim relating to the enforcement of rights 
of the allottee under the Tribal water code, in-
cluding to the quantity of water allocated to 
land of the allottee, shall exhaust all remedies 
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available to the allottee under Tribal law before 
initiating an action against the United States 
or petitioning the Secretary pursuant to sub-
section (d)(4)(B); 
(E) a process by which an owner of fee 
land within the boundaries of the Reservation 
may apply for use of a portion of the Tribal 
water rights; and 
(F) a process for the establishment of a 
controlled Groundwater area and for the man-
agement of that area in cooperation with estab-
lishment of a contiguous controlled Ground-
water area off the Reservation established pur-
suant to Section B.2. of Article IV of the Com-
pact and State law. 
(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-
acted, the Secretary shall administer, with re-
spect to the rights of allottees, the Tribal water 
rights in accordance with the Compact and this 
Act. 
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(2) PURCHASES OR GRANTS OF LAND FROM IN-
DIANS.—An authorization provided by this Act for 
the allocation, distribution, leasing, or other ar-
rangement entered into pursuant to this Act shall be 
considered to satisfy any requirement for authoriza-
tion of the action required by Federal law. 
(3) PROHIBITION ON FORFEITURE.—The non- 
use of all or any portion of the Tribal water rights 
by any water user shall not result in the forfeiture, 
abandonment, relinquishment, or other loss of all or 
any portion of the Tribal water rights. 
(i) EFFECT.—Except as otherwise expressly provided 
in this section, nothing in this Act— 
(1) authorizes any action by an allottee against 
any individual or entity, or against the Fort Belknap 
Indian Community, under Federal, State, Tribal, or 
local law; or 
(2) alters or affects the status of any action 
brought pursuant to section 1491(a) of title 28, 
United States Code. 
(j) PICK-SLOAN MISSOURI RIVER BASIN PROGRAM 
POWER RATES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary, in cooperation with 
the Secretary of Energy, shall make available the 
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Pick-Sloan Missouri River Basin Program irrigation 
project pumping power rates to the Fort Belknap 
Indian Community, the Fort Belknap Indian Irriga-
tion Project, and any projects funded under this Act. 
(2) AUTHORIZED PURPOSES.—The power rates 
made available under paragraph (1) shall be author-
ized for the purposes of wheeling, administration, 
and payment of irrigation project pumping power 
rates, including project use power for gravity power. 
SEC. 6. EXCHANGE AND TRANSFER OF PUBLIC LAND INTO 
TRUST. 
(a) EXCHANGE OF FEDERAL AND STATE LAND.— 
(1) DEFINITIONS.—In this subsection: 
(A) PUBLIC
LAND.—The term ‘‘public 
land’’ means, as applicable— 
(i) public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)); 
and 
(ii) land managed by the Secretary of 
Agriculture under the jurisdiction of the 
Forest Service. 
(B) SECRETARY
CONCERNED.—The term 
‘‘Secretary concerned’’ means, as applicable— 
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(i) the Secretary, with respect to the 
public land managed by the Department of 
the Interior; and 
(ii) the Secretary of Agriculture, with 
respect to land managed by the Forest 
Service. 
(2) NEGOTIATIONS AUTHORIZED.— 
(A) IN
GENERAL.—The Secretary con-
cerned shall offer to enter into negotiations 
with the State for the purpose of exchanging 
Federal land described in paragraph (4) for the 
State land described in paragraph (3). 
(B) REQUIREMENT.—Any exchange of 
land made pursuant to this subsection shall be 
subject to the requirements of this subsection. 
(C) PRIORITY.—In carrying out this para-
graph, the Secretary concerned shall, during the 
5-year period beginning on the date of enact-
ment of this Act, give priority to an exchange 
of public land located within the State for trust 
land owned by the State. 
(3) STATE LAND.—The Secretary concerned is 
authorized to accept the following parcels of land 
owned by the State located on and off of the Res-
ervation: 
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(A) 717.56 acres in T. 26 N., R. 22 E., 
sec. 16. 
(B) 707.04 acres in T. 27 N., R. 22 E., 
sec. 16. 
(C) 640 acres in T. 27 N., R. 21 E., sec. 
36. 
(D) 640 acres in T. 26 N., R. 23 E., sec. 
16. 
(E) 640 acres in T. 26 N., R. 23 E., sec. 
36. 
(F) 640 acres in T. 26 N., R. 26 E., sec. 
16. 
(G) 640 acres in T. 26 N., R. 22 E., sec. 
36. 
(H) 640 acres in T. 27 N., R. 23 E., sec. 
16. 
(I) 640 acres in T. 27 N., R. 25 E., sec. 
36. 
(J) 640 acres in T. 28 N., R. 22 E., sec. 
36. 
(K) 640 acres in T. 28 N., R. 23 E., sec. 
16. 
(L) 640 acres in T. 28 N., R. 24 E., sec. 
36. 
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(M) 640 acres in T. 28 N., R. 25 E., sec. 
16. 
(N) 640 acres in T. 28 N., R. 25 E., sec. 
36. 
(O) 640 acres in T. 28 N., R. 26 E., sec. 
16. 
(P) 94.96 acres in T. 28 N., R. 26 E., sec. 
36, under lease by the Fort Belknap Indian 
Community Council on the date of enactment of 
this Act, comprised of— 
(i) 30.68 acres in lot 5; 
(ii) 26.06 acres in lot 6; 
(iii) 21.42 acres in lot 7; and 
(iv) 16.8 acres in lot 8. 
(Q) 652.32 acres in T. 29 N., R. 22 E., 
sec. 16, excluding the 73.36 acres under lease 
by individuals who are not members of the Fort 
Belknap Indian Community, on the date of en-
actment of this Act. 
(R) 640 acres in T. 29 N., R. 22 E., sec. 
36. 
(S) 640 acres in T. 29 N., R. 23 E., sec. 
16. 
(T) 640 acres in T. 29 N., R. 24 E., sec. 
16. 
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(U) 640 acres in T. 29 N., R. 24 E., sec. 
36. 
(V) 640 acres in T. 29 N., R. 25 E., sec. 
16. 
(W) 640 acres in T. 29 N., R. 25 E., sec. 
36. 
(X) 640 acres in T. 29 N., R. 26 E., sec. 
16. 
(Y) 663.22 acres in T. 30 N., R. 22 E., 
sec. 16, excluding the 58.72 acres under lease 
by individuals who are not members of the Fort 
Belknap Indian Community on the date of en-
actment of this Act. 
(Z) 640 acres in T. 30 N., R. 22 E., sec. 
36. 
(AA) 640 acres in T. 30 N., R. 23 E., sec. 
16. 
(BB) 640 acres in T. 30 N., R. 23 E., sec. 
36. 
(CC) 640 acres in T. 30 N., R. 24 E., sec. 
16. 
(DD) 640 acres in T. 30 N., R. 24 E., sec. 
36. 
(EE) 640 acres in T. 30 N., R. 25 E., sec. 
16. 
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(FF) 275.88 acres in T. 30 N., R. 26 E., 
sec. 36, under lease by the Fort Belknap Indian 
Community Council on the date of enactment of 
this Act. 
(GG) 640 acres in T. 31 N., R. 22 E., sec. 
36. 
(HH) 640 acres in T. 31 N., R. 23 E., sec. 
16. 
(II) 640 acres in T. 31 N., R. 23 E., sec. 
36. 
(JJ) 34.04 acres in T. 31 N., R. 26 E., 
sec. 16, lot 4. 
(4) FEDERAL LAND.—Subject to valid existing 
rights, and the requirements of this subsection, the 
Secretary concerned is authorized to convey to the 
State any public land within the State, except for 
land that is included within the National Landscape 
Conservation System established by section 2002(a) 
of the Omnibus Public Land Management Act of 
2009 (16 U.S.C. 7202(a)), without regard to wheth-
er that land has been identified as available for dis-
posal in a land use plan. 
(5) LAND INTO TRUST.—On completion of the 
land exchange authorized by this subsection, the 
Secretary shall, as soon as practicable after the en-
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forceability date, take the land received by the 
United States pursuant to this subsection into trust 
for the benefit of the Fort Belknap Indian Commu-
nity. 
(6) TERMS AND CONDITIONS.— 
(A) EQUAL
VALUE.—The values of the 
Federal land and State land exchanged under 
this subsection shall be equal, except that the 
Secretary concerned may— 
(i) exchange land that is of approxi-
mately equal value if such an exchange 
complies with the requirements of section 
206(h) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 
1716(h)) (and any regulations imple-
menting that section) without regard to 
the monetary limitation described in para-
graph (1)(A) of that section; and 
(ii) make or accept an equalization 
payment, or waive an equalization pay-
ment, if such a payment or waiver of a 
payment complies with the requirements of 
section 206(b) of that Act (43 U.S.C. 
1716(b)) (and any regulations imple-
menting that section). 
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(B) IMPACTS ON LOCAL GOVERNMENTS.— 
In selecting public land to offer to the State, 
the Secretary concerned may— 
(i) consider the financial impacts of 
exchanging specific Federal land on local 
governments; and 
(ii) attempt to minimize the financial 
impact of the exchange on local govern-
ments. 
(C) EXISTING AUTHORIZATIONS.— 
(i) FEDERAL LAND TRANSFERRED TO 
THE STATE.— 
(I) IN
GENERAL.—Any Federal 
land transferred to the State under 
this subsection shall be conveyed sub-
ject to any valid existing rights, con-
tracts, leases, permits, and rights-of- 
way, unless the holder of the right, 
contract, lease, permit, or right-of-way 
requests an earlier termination in ac-
cordance with existing law. 
(II) ASSUMPTION
BY
STATE.— 
The State shall assume all benefits 
and obligations of the Forest Service 
or the Bureau of Land Management, 
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as applicable, under the existing 
rights, contracts, leases, permits, and 
rights-of-way described in subclause 
(I). 
(ii) STATE
LAND
TRANSFERRED
TO 
THE UNITED STATES.— 
(I) IN
GENERAL.—Any State 
land transferred to the United States 
under this subsection shall be con-
veyed and taken into trust for the 
benefit of the Fort Belknap Indian 
Community subject to any valid exist-
ing rights, contracts, leases, permits, 
and rights-of-way, unless the holder of 
the right, contract, lease, permit, or 
right-of-way requests an earlier termi-
nation in accordance with existing 
law. 
(II) ASSUMPTION BY BIA.—The 
Bureau of Indian Affairs shall— 
(aa) assume all benefits and 
obligations of the State under the 
existing rights, contracts, leases, 
permits, and rights-of-way de-
scribed in subclause (I); and 
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(bb) disburse to the Fort 
Belknap Indian Community any 
amounts that accrue to the 
United States from those rights, 
contracts, leases, permits, and 
rights-of-way, after the date of 
transfer from any sale, bonus, 
royalty, or rental relating to that 
land in the same manner as 
amounts received from other land 
held by the Secretary in trust for 
the benefit of the Fort Belknap 
Indian Community. 
(D) PERSONAL PROPERTY.— 
(i) IN GENERAL.—Any improvements 
constituting personal property, as defined 
by State law, belonging to the holder of a 
right, contract, lease, permit, or right-of- 
way on land transferred to the United 
States under this subsection shall— 
(I) remain the property of the 
holder; and 
(II) be removed not later than 90 
days after the date on which the 
right, contract, lease, permit, or right- 
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of-way 
expires, 
unless 
the 
Fort 
Belknap Indian Community and the 
holder agree otherwise. 
(ii) REMAINING PROPERTY.—Any per-
sonal property described in clause (i) re-
maining with the holder described in that 
clause beyond the 90-day period described 
in subclause (II) of that clause shall— 
(I) become the property of the 
Fort Belknap Indian Community; and 
(II) be subject to removal and 
disposition at the discretion of the 
Fort Belknap Indian Community. 
(iii) LIABILITY OF PREVIOUS HOLD-
ER.—The holder of personal property de-
scribed in clause (i) shall be liable for costs 
incurred by the Fort Belknap Indian Com-
munity in removing and disposing of the 
personal property under clause (ii)(II). 
(7) 
TECHNICAL
CORRECTIONS.—Notwith-
standing the descriptions of the parcels of land 
owned by the State under paragraph (3), the State 
may, with the consent of the Fort Belknap Indian 
Community, make technical corrections to the legal 
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land descriptions to more specifically identify the 
State parcels to be exchanged. 
(8) ASSISTANCE.—The Secretary shall provide 
$10,000,000 of financial or other assistance to the 
State and the Fort Belknap Indian Community as 
may be necessary to obtain the appraisals, and to 
satisfy administrative requirements, necessary to ac-
complish the exchanges under paragraph (2). 
(b) FEDERAL LAND TRANSFERS.— 
(1) IN
GENERAL.—Subject to valid existing 
rights and the requirements of this subsection, all 
right, title, and interest of the United States in and 
to the land described in paragraph (2) shall be held 
by the United States in trust for the benefit of the 
Fort Belknap Indian Community as part of the Res-
ervation on the enforceability date. 
(2) FEDERAL LAND.— 
(A) BUREAU OF LAND MANAGEMENT PAR-
CELS.— 
(i) 59.46 acres in T. 25 N., R. 22 E., 
sec. 4, comprised of— 
(I) 19.55 acres in lot 10; 
(II) 19.82 acres in lot 11; and 
(III) 20.09 acres in lot 16. 
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(ii) 324.24 acres in the N1⁄2 of T. 25 
N., R. 22 E., sec. 5. 
(iii) 403.56 acres in T. 25 N., R. 22 
E., sec. 9, comprised of— 
(I) 20.39 acres in lot 2; 
(II) 20.72 acres in lot 7; 
(III) 21.06 acres in lot 8; 
(IV) 40.00 acres in lot 9; 
(V) 40.00 acres in lot 10; 
(VI) 40.00 acres in lot 11; 
(VII) 40.00 acres in lot 12; 
(VIII) 21.39 acres in lot 13; and 
(IX) 160 acres in SW1⁄4. 
(iv) 70.63 acres in T. 25 N., R. 22 
E., sec. 13, comprised of— 
(I) 18.06 acres in lot 5; 
(II) 18.25 acres in lot 6; 
(III) 18.44 acres in lot 7; and 
(IV) 15.88 acres in lot 8. 
(v) 71.12 acres in T. 25 N., R. 22 E., 
sec. 14, comprised of— 
(I) 17.65 acres in lot 5; 
(II) 17.73 acres in lot 6; 
(III) 17.83 acres in lot 7; and 
(IV) 17.91 acres in lot 8. 
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(vi) 103.29 acres in T. 25 N., R. 22 
E., sec. 15, comprised of— 
(I) 21.56 acres in lot 6; 
(II) 29.50 acres in lot 7; 
(III) 17.28 acres in lot 8; 
(IV) 17.41 acres in lot 9; and 
(V) 17.54 acres in lot 10. 
(vii) 160 acres in T. 26 N., R. 21 E., 
sec. 1, comprised of— 
(I) 80 acres in the S1⁄2 of the 
NW1⁄4; and 
(II) 80 acres in the W1⁄2 of the 
SW1⁄4. 
(viii) 567.50 acres in T. 26 N., R. 21 
E., sec. 2, comprised of— 
(I) 82.54 acres in the E1⁄2 of the 
NW1⁄4; 
(II) 164.96 acres in the NE1⁄4; 
and 
(III) 320 acres in the S1⁄2. 
(ix) 240 acres in T. 26 N., R. 21 E., 
sec. 3, comprised of— 
(I) 40 acres in the SE1⁄4 of the 
NW1⁄4; 
(II) 160 acres in the SW1⁄4; and 
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(III) 40 acres in the SW1⁄4 of the 
SE1⁄4. 
(x) 120 acres in T. 26 N., R. 21 E., 
sec. 4, comprised of— 
(I) 80 acres in the E1⁄2 of the 
SE1⁄4; and 
(II) 40 acres in the NW1⁄4 of the 
SE1⁄4. 
(xi) 200 acres in T. 26 N., R. 21 E., 
sec. 5, comprised of— 
(I) 160 acres in the SW1⁄4; and 
(II) 40 acres in the SW1⁄4 of the 
NW1⁄4. 
(xii) 40 acres in the SE1⁄4 of the 
SE1⁄4 of T. 26 N., R. 21 E., sec. 6. 
(xiii) 240 acres in T. 26 N., R. 21 E., 
sec. 8, comprised of— 
(I) 40 acres in the NE1⁄4 of the 
SW1⁄4; 
(II) 160 acres in the NW1⁄4; and 
(III) 40 acres in the NW1⁄4 of 
the SE1⁄4. 
(xiv) 320 acres in the E1⁄2 of T. 26 
N., R. 21 E., sec. 9. 
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(xv) 640 acres in T. 26 N., R. 21 E., 
sec. 10. 
(xvi) 600 acres in T. 26 N., R. 21 E., 
sec. 11, comprised of— 
(I) 320 acres in the N1⁄2; 
(II) 80 acres in the N1⁄2 of the 
SE1⁄4; 
(III) 160 acres in the SW1⁄4; and 
(IV) 40 acres in the SW1⁄4 of the 
SE1⁄4. 
(xvii) 525.81 acres in T. 26 N., R. 22 
E., sec. 21, comprised of— 
(I) 6.62 acres in lot 1; 
(II) 5.70 acres in lot 2; 
(III) 56.61 acres in lot 5; 
(IV) 56.88 acres in lot 6; 
(V) 320 acres in the W1⁄2; and 
(VI) 80 acres in the W1⁄2 of the 
SE1⁄4. 
(xviii) 719.58 acres in T. 26 N., R. 22 
E., sec. 28. 
(xix) 560 acres in T. 26 N., R. 22 E., 
sec. 29, comprised of— 
(I) 320 acres in the N1⁄2; 
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(II) 160 acres in the N1⁄2 of the 
S1⁄2; and 
(III) 80 acres in the S1⁄2 of the 
SE1⁄4. 
(xx) 400 acres in T. 26 N., R. 22 E., 
sec. 32, comprised of— 
(I) 320 acres in the S1⁄2; and 
(II) 80 acres in the S1⁄2 of the 
NW1⁄4. 
(xxi) 455.51 acres in T. 26 N., R. 22 
E., sec. 33, comprised of— 
(I) 58.25 acres in lot 3; 
(II) 58.5 acres in lot 4; 
(III) 58.76 acres in lot 5; 
(IV) 40 acres in the NW1⁄4 of the 
NE1⁄4; 
(V) 160 acres in the SW1⁄4; and 
(VI) 80 acres in the W1⁄2 of the 
SE1⁄4. 
(xxii) 88.71 acres in T. 27 N., R. 21 
E., sec. 1, comprised of— 
(I) 24.36 acres in lot 1; 
(II) 24.35 acres in lot 2; and 
(III) 40 acres in the SW1⁄4 of the 
SW1⁄4. 
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(xxiii) 80 acres in T. 27 N., R. 21 E., 
sec. 3, comprised of— 
(I) 40 acres in lot 11; and 
(II) 40 acres in lot 12. 
(xxiv) 80 acres in T. 27 N., R. 21 E., 
sec. 11, comprised of— 
(I) 40 acres in the NW1⁄4 of the 
SW1⁄4; and 
(II) 40 acres in the SW1⁄4 of the 
NW1⁄4. 
(xxv) 200 acres in T. 27 N., R. 21 E., 
sec. 12, comprised of— 
(I) 80 acres in the E1⁄2 of the 
SW1⁄4; 
(II) 40 acres in the NW1⁄4 of the 
NW1⁄4; and 
(III) 80 acres in the S1⁄2 of the 
NW1⁄4. 
(xxvi) 40 acres in the SE1⁄4 of the 
NE1⁄4 of T. 27 N., R. 21 E., sec. 23. 
(xxvii) 320 acres in T. 27 N., R. 21 
E., sec. 24, comprised of— 
(I) 80 acres in the E1⁄2 of the 
NW1⁄4; 
(II) 160 acres in the NE1⁄4; 
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(III) 40 acres in the NE1⁄4 of the 
SE1⁄4; and 
(IV) 40 acres in the SW1⁄4 of the 
SW1⁄4. 
(xxviii) 120 acres in T. 27 N., R. 21 
E., sec. 25, comprised of— 
(I) 80 acres in the S1⁄2 of the 
NE1⁄4; and 
(II) 40 acres in the SE1⁄4 of the 
NW1⁄4. 
(xxix) 40 acres in the NE1⁄4 of the 
SE1⁄4 of T. 27 N., R. 21 E., sec. 26. 
(xxx) 160 acres in the NW1⁄4 of T. 27 
N., R. 21 E., sec. 27. 
(xxxi) 40 acres in the SW1⁄4 of the 
SW1⁄4 of T. 27 N., R. 21 E., sec. 29. 
(xxxii) 40 acres in the SW1⁄4 of the 
NE1⁄4 of T. 27 N., R. 21 E., sec 30. 
(xxxiii) 120 acres in T. 27 N., R. 21 
E., sec. 33, comprised of— 
(I) 40 acres in the SE1⁄4 of the 
NE1⁄4; and 
(II) 80 acres in the N1⁄2 of the 
SE1⁄4. 
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(xxxiv) 440 acres in T. 27 N., R. 21 
E., sec. 34, comprised of— 
(I) 160 acres in the N1⁄2 of the 
S1⁄2; 
(II) 160 acres in the NE1⁄4; 
(III) 80 acres in the S1⁄2 of the 
NW1⁄4; and 
(IV) 40 acres in the SE1⁄4 of the 
SE1⁄4. 
(xxxv) 133.44 acres in T. 27 N., R. 
22 E., sec. 4, comprised of— 
(I) 28.09 acres in lot 5; 
(II) 25.35 acres in lot 6; 
(III) 40 acres in lot 10; and 
(IV) 40 acres in lot 15. 
(xxxvi) 160 acres in T. 27 N., R. 22 
E., sec. 7, comprised of— 
(I) 40 acres in the NE1⁄4 of the 
NE1⁄4; 
(II) 40 acres in the NW1⁄4 of the 
SW1⁄4; and 
(III) 80 acres in the W1⁄2 of the 
NW1⁄4. 
(xxxvii) 120 acres in T. 27 N., R. 22 
E., sec. 8, comprised of— 
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(I) 80 acres in the E1⁄2 of the 
NW1⁄4; and 
(II) 40 acres in the NE1⁄4 of the 
SW1⁄4. 
(xxxviii) 40 acres in the SW1⁄4 of the 
NW1⁄4 of T. 27 N., R. 22 E., sec. 9. 
(xxxix) 40 acres in the NE1⁄4 of the 
SW1⁄4 of T. 27 N., R. 22 E., sec. 17. 
(xl) 40 acres in the NW1⁄4 of the 
NW1⁄4 of T. 27 N., R. 22 E., sec. 19. 
(xli) 40 acres in the SE1⁄4 of the 
NW1⁄4 of T. 27 N., R22 E., sec. 20. 
(xlii) 80 acres in the W1⁄2 of the SE1⁄4 
of T. 27 N., R. 22 E., sec. 31. 
(xliii) 52.36 acres in the SE1⁄4 of the 
SE1⁄4 of T. 27 N., R. 22 E., sec. 33. 
(xliv) 40 acres in the NE1⁄4 of the 
SW1⁄4 of T. 28 N., R. 22 E., sec. 29. 
(xlv) 40 acres in the NE1⁄4 of the 
NE1⁄4 of T. 26 N., R. 21 E., sec. 7. 
(xlvi) 40 acres in the SW1⁄4 of the 
NW1⁄4 of T. 26 N., R. 21 E., sec. 12. 
(xlvii) 42.38 acres in the NW1⁄4 of the 
NE1⁄4 of T. 26 N., R. 22 E., sec. 6. 
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(xlviii) 320 acres in the E1⁄2 of T. 26 
N., R. 22 E., sec. 17. 
(xlix) 80 acres in the E1⁄2 of the 
NE1⁄4 of T. 26 N., R. 22 E., sec. 20. 
(l) 240 acres in T. 26 N., R. 22 E., 
sec. 30, comprised of— 
(I) 80 acres in the E1⁄2 of the 
NE1⁄4; 
(II) 80 acres in the N1⁄2 of the 
SE1⁄4; 
(III) 40 acres in the SE1⁄4 of the 
NW1⁄4; and 
(IV) 40 acres in the SW1⁄4 of the 
NE1⁄4. 
(B) BUREAU
OF
INDIAN
AFFAIRS.—The 
parcels of approximately 3,519.3 acres of trust 
land that have been converted to fee land, judi-
cially foreclosed on, acquired by the Depart-
ment of Agriculture, and transferred to the Bu-
reau of Indian Affairs, described in clauses (i) 
through (iii). 
(i) PARCEL 1.—The land described in 
this clause is 640 acres in T. 29 N., R. 26 
E., comprised of— 
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(I) 160 acres in the SW1⁄4 of sec. 
27; 
(II) 160 acres in the NE1⁄4 of 
sec. 33; and 
(III) 320 acres in the W1⁄2 of 
sec. 34. 
(ii) PARCEL 2.—The land described in 
this clause is 320 acres in the N1⁄2 of T. 
30 N., R. 23 E., sec. 28. 
(iii) PARCEL 3.—The land described 
in this clause is 2,559.3 acres, comprised 
of— 
(I) T. 28 N., R. 24 E., includ-
ing— 
(aa) of sec. 16— 
(AA) 5 acres in the 
E1⁄2, W1⁄2, E1⁄2, W1⁄2, W1⁄2, 
NE1⁄4; 
(BB) 10 acres in the 
E1⁄2, 
E1⁄2, 
W1⁄2, 
W1⁄2, 
NE1⁄4; 
(CC) 40 acres in the 
E1⁄2, W1⁄2, NE1⁄4; 
(DD) 40 acres in the 
W1⁄2, E1⁄2, NE1⁄4; 
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(EE) 20 acres in the 
W1⁄2, E1⁄2, E1⁄2, NE1⁄4; 
(FF) 5 acres in the 
W1⁄2, W1⁄2, E1⁄2, E1⁄2, E1⁄2, 
NE1⁄4; and 
(GG) 160 acres in the 
SE1⁄4; 
(bb) 640 acres in sec. 21; 
(cc) 320 acres in the S1⁄2 of 
sec. 22; and 
(dd) 320 acres in the W1⁄2 
of sec. 27; 
(II) T. 29 N., R. 25 E., PMM, 
including— 
(aa) 320 acres in the S1⁄2 of 
sec. 1; and 
(bb) 320 acres in the N1⁄2 of 
sec. 12; 
(III) 39.9 acres in T. 29 N., R. 
26 E., PMM, sec. 6, lot 2; 
(IV) T. 30 N., R. 26 E., PMM, 
including— 
(aa) 39.4 acres in sec. 3, lot 
2; 
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(bb) 40 acres in the SW1⁄4 
of the SW1⁄4 of sec. 4; 
(cc) 80 acres in the E1⁄2 of 
the SE1⁄4 of sec. 5; 
(dd) 80 acres in the S1⁄2 of 
the SE1⁄4 of sec. 7; and 
(ee) 40 acres in the N1⁄2, 
N1⁄2, NE1⁄4 of sec. 18; and 
(V) 40 acres in T. 31 N., R. 26 
E., PMM, the NW1⁄4 of the SE1⁄4 of 
sec. 31. 
(C) FORECLOSED DEPARTMENT OF AGRI-
CULTURE
LAND.—Any Department of Agri-
culture trust land within the Reservation that 
has been or is converted to fee land, judicially 
foreclosed on, and acquired by the United 
States. 
(3) TERMS AND CONDITIONS.— 
(A) EXISTING AUTHORIZATIONS.— 
(i) IN GENERAL.—Federal land trans-
ferred under this subsection shall be con-
veyed and taken into trust subject to valid 
existing rights, contracts, leases, permits, 
and rights-of-way, unless the holder of the 
right, contract, lease, permit, and rights- 
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of-way requests an earlier termination in 
accordance with existing law. 
(ii) ASSUMPTION
BY
BIA.—The Bu-
reau of Indian Affairs shall— 
(I) assume all benefits and obli-
gations of the previous land manage-
ment agency under the existing rights, 
contracts, leases, permits, and rights- 
of-way described in clause (i); and 
(II) disburse to the Fort Belknap 
Indian Community any amounts that 
accrue to the United States from 
those rights, contracts, leases, per-
mits, and rights-of-ways after the date 
of transfer from any sale, bonus, roy-
alty, or rental relating to that land in 
the same manner as amounts received 
from other land held by the Secretary 
in trust for the Fort Belknap Indian 
Community. 
(B) PERSONAL PROPERTY.— 
(i) IN GENERAL.—Any improvements 
constituting personal property, as defined 
by State law, belonging to the holder of a 
right, contract, lease, permit, or right-of- 
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way on land transferred under this sub-
section shall— 
(I) remain the property of the 
holder; and 
(II) be removed from the land 
not later than 90 days after the date 
on which the right, contract, lease, 
permit, or right-of-way expires, unless 
the Fort Belknap Indian Community 
and the holder agree otherwise. 
(ii) REMAINING PROPERTY.—Any per-
sonal property described in clause (i) re-
maining with the holder described in that 
clause beyond the 90-day period described 
in subclause (II) of that clause shall— 
(I) become the property of the 
Fort Belknap Indian Community; and 
(II) be subject to removal and 
disposition at the discretion of the 
Fort Belknap Indian Community. 
(iii) LIABILITY OF PREVIOUS HOLD-
ER.—The holder of personal property de-
scribed in clause (i) shall be liable to the 
Fort Belknap Indian Community for costs 
incurred by the Fort Belknap Indian Com-
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munity in removing and disposing of the 
property under clause (ii)(II). 
(C) EXISTING ROADS.—If any road within 
the Federal land transferred under this sub-
section is necessary for customary access to pri-
vate land, the Bureau of Indian Affairs shall 
offer the owner of the private land to apply for 
a right-of-way along the existing road, at the 
expense of the landowner. 
(D) LIMITATION
ON
THE
TRANSFER
OF 
WATER
RIGHTS.—Water rights that transfer 
with the land described in paragraph (2) shall 
not become part of the Tribal water rights. 
(4) WITHDRAWAL OF FEDERAL LAND.— 
(A) IN GENERAL.—Subject to valid exist-
ing rights, effective on the date of enactment of 
this Act, all Federal land within the parcels de-
scribed in paragraph (2) is withdrawn from all 
forms of— 
(i) entry, appropriation, or disposal 
under the public land laws; 
(ii) location, entry, and patent under 
the mining laws; and 
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(iii) disposition under all laws per-
taining to mineral and geothermal leasing 
or mineral materials. 
(B) EXPIRATION.—The withdrawals pursu-
ant to subparagraph (A) shall terminate on the 
date that the Secretary takes the land into 
trust for the benefit of the Fort Belknap Indian 
Community pursuant to paragraph (1). 
(C) NO NEW RESERVATION OF FEDERAL 
WATER RIGHTS.—Nothing in this paragraph es-
tablishes a new reservation in favor of the 
United States or the Fort Belknap Indian Com-
munity with respect to any water or water right 
on the land withdrawn by paragraph (2). 
(5) 
TECHNICAL
CORRECTIONS.—Notwith-
standing the descriptions of the parcels of Federal 
land in paragraph (2), the United States may, with 
the consent of the Fort Belknap Indian Community, 
make technical corrections to the legal land descrip-
tions to more specifically identify the parcels. 
(6) SURVEY.— 
(A) IN
GENERAL.—Unless the United 
States or the Fort Belknap Indian Community 
request an additional survey for the transferred 
land or a technical correction is made under 
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paragraph (5), the description of land under 
this subsection shall be controlling. 
(B) ADDITIONAL SURVEY.—If the United 
States or the Fort Belknap Indian Community 
requests an additional survey, that survey shall 
control the total acreage to be transferred into 
trust under this subsection. 
(C) ASSISTANCE.—The Secretary shall 
provide such financial or other assistance as 
may be necessary— 
(i) to conduct additional surveys 
under this subsection; and 
(ii) to satisfy administrative require-
ments necessary to accomplish the land 
transfers under this subsection. 
(7) DATE OF TRANSFER.—The Secretary shall 
complete all land transfers under this subsection and 
shall take the land into trust for the benefit of the 
Fort Belknap Indian Community as expeditiously as 
practicable after the enforceability date, but not 
later than 10 years after the enforceability date. 
(c) TRIBALLY OWNED FEE LAND.—Not later than 
10 years after the enforceability date, the Secretary shall 
take into trust for the benefit of the Fort Belknap Indian 
Community all fee land owned by the Fort Belknap Indian 
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Community on or adjacent to the Reservation to become 
part of the Reservation, provided that— 
(1) the land is free from any liens, encum-
brances, or other infirmities; and 
(2) no evidence exists of any hazardous sub-
stances on, or other environmental liability with re-
spect to, the land. 
(d) DODSON LAND.— 
(1) IN GENERAL.—Subject to paragraph (2), as 
soon as practicable after the enforceability date, but 
not later than 10 years after the enforceability date, 
the Dodson Land described in paragraph (3) shall 
be taken into trust by the United States for the ben-
efit of the Fort Belknap Indian Community as part 
of the Reservation. 
(2) RESTRICTIONS.—The land taken into trust 
under paragraph (1) shall be subject to a perpetual 
easement, reserved by the United States for use by 
the Bureau of Reclamation, its contractors, and its 
assigns for— 
(A) the right of ingress and egress for 
Milk River Project purposes; and 
(B) the right to— 
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(i) seep, flood, and overflow the trans-
ferred land for Milk River Project pur-
poses; 
(ii) conduct routine and non-routine 
operation, maintenance, and replacement 
activities on the Milk River Project facili-
ties, 
including 
modification 
to 
the 
headworks at the upstream end of the 
Dodson South Canal in support of Dodson 
South Canal enlargement, to include all as-
sociated access, construction, and material 
storage necessary to complete those activi-
ties; and 
(iii) prohibit the construction of per-
manent structures on the transferred land, 
except— 
(I) as provided in the cooperative 
agreement under paragraph (4); and 
(II) to meet the requirements of 
the Milk River Project. 
(3) DESCRIPTION OF DODSON LAND.— 
(A) IN GENERAL.—The Dodson Land re-
ferred to in paragraphs (1) and (2) is the ap-
proximately 2,500 acres of land owned by the 
United States that is, as of the date of enact-
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ment of this Act, under the jurisdiction of the 
Bureau of Reclamation and located at the 
northeastern corner of the Reservation (which 
extends to the point in the middle of the main 
channel of the Milk River), where the Milk 
River Project facilities, including the Dodson 
Diversion Dam, headworks to the Dodson 
South Canal, and Dodson South Canal, are lo-
cated, and more particularly described as fol-
lows: 
(i) Supplemental Plat of T. 30 N., R. 
26 E., PMM, secs. 1 and 2. 
(ii) Supplemental Plat of T. 31 N., R. 
25 E., PMM, sec. 13. 
(iii) Supplemental Plat of T. 31 N., 
R. 26 E., PMM, secs. 18, 19, 20, and 29. 
(iv) Supplemental Plat of T. 31 N., R. 
26 E., PMM, secs. 26, 27, 35, and 36. 
(B) CLARIFICATION.—The supplemental 
plats described in clauses (i) through (iv) of 
subparagraph (A) are official plats, as docu-
mented by retracement boundary surveys of the 
General Land Office, approved on March 11, 
1938, and on record at the Bureau of Land 
Management. 
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(C) TECHNICAL CORRECTIONS.—Notwith-
standing the descriptions of the parcels of Fed-
eral land in subparagraph (A), the United 
States may, with the consent of the Fort 
Belknap Indian Community, make technical 
corrections to the legal land descriptions to 
more specifically identify the parcels to be 
transferred. 
(4) COOPERATIVE
AGREEMENT.—Not later 
than 3 years after the enforceability date, the Bu-
reau of Reclamation, the Malta Irrigation District, 
the Bureau of Indian Affairs, and the Fort Belknap 
Indian Community shall negotiate and enter into a 
cooperative agreement that identifies the uses to 
which the Fort Belknap Indian Community may put 
the land described in paragraph (3), provided that 
the cooperative agreement may be amended by mu-
tual agreement of the Fort Belknap Indian Commu-
nity, Bureau of Reclamation, the Malta Irrigation 
District, and the Bureau of Indian Affairs, including 
to modify the perpetual easement to narrow the 
boundaries of the easement or to terminate the per-
petual easement and cooperative agreement. 
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(e) LAND STATUS.—All land held in trust by the 
United States for the benefit of the Fort Belknap Indian 
Community under this section shall be— 
(1) beneficially owned by the Fort Belknap In-
dian Community; and 
(2) part of the Reservation and administered in 
accordance with the laws and regulations generally 
applicable to land held in trust by the United States 
for the benefit of an Indian Tribe. 
SEC. 7. STORAGE ALLOCATION FROM LAKE ELWELL. 
(a) STORAGE ALLOCATION
OF WATER
TO FORT 
BELKNAP INDIAN COMMUNITY.—The Secretary shall allo-
cate to the Fort Belknap Indian Community 20,000 acre- 
feet per year of water stored in Lake Elwell for use by 
the Fort Belknap Indian Community for any beneficial 
purpose on or off the Reservation, under a water right 
held by the United States and managed by the Bureau 
of Reclamation for the benefit of the Fort Belknap Indian 
Community, as measured and diverted at the outlet works 
of the Tiber Dam or through direct pumping from Lake 
Elwell. 
(b) TREATMENT.— 
(1) IN GENERAL.—The allocation to the Fort 
Belknap Indian Community under subsection (a) 
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shall be considered to be part of the Tribal water 
rights. 
(2) PRIORITY DATE.—The priority date of the 
allocation to the Fort Belknap Indian Community 
under subsection (a) shall be the priority date of the 
Lake Elwell water right held by the Bureau of Rec-
lamation. 
(3) ADMINISTRATION.—The Fort Belknap In-
dian Community shall administer the water allocated 
under subsection (a) in accordance with the Com-
pact and this Act. 
(c) ALLOCATION AGREEMENT.— 
(1) IN GENERAL.—As a condition of receiving 
an allocation under this section, the Fort Belknap 
Indian Community shall enter into an agreement 
with the Secretary to establish the terms and condi-
tions of the allocation, in accordance with the Com-
pact and this Act. 
(2) INCLUSIONS.—The agreement under para-
graph (1) shall include provisions establishing that— 
(A) the agreement shall be without limit as 
to term; 
(B) the Fort Belknap Indian Community, 
and not the United States, shall be entitled to 
all consideration due to the Fort Belknap In-
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dian Community under any lease, contract, ex-
change, or agreement entered into by the Fort 
Belknap Indian Community pursuant to sub-
section (d); 
(C) the United States shall have no obliga-
tion to monitor, administer, or account for— 
(i) any funds received by the Fort 
Belknap Indian Community as consider-
ation under any lease, contract, exchange, 
or agreement entered into by the Fort 
Belknap Indian Community pursuant to 
subsection (d); or 
(ii) the expenditure of those funds; 
(D) if the capacity or function of Lake 
Elwell facilities are significantly reduced, or are 
anticipated to be significantly reduced, for an 
extended period of time, the Fort Belknap In-
dian Community shall have the same storage 
rights as other storage contractors with respect 
to the allocation under this section; 
(E) the costs associated with the construc-
tion of the storage facilities at Tiber Dam allo-
cable to the Fort Belknap Indian Community 
shall be nonreimbursable; 
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(F) no water service capital charge shall be 
due or payable for any water allocated to the 
Fort Belknap Indian Community under this 
section or the allocation agreement, regardless 
of whether that water is delivered for use by the 
Fort Belknap Indian Community or under a 
lease, contract, exchange, or by agreement en-
tered into by the Fort Belknap Indian Commu-
nity pursuant to subsection (d); 
(G) the Fort Belknap Indian Community 
shall not be required to make payments to the 
United States for any water allocated to the 
Fort Belknap Indian Community under this 
section or the allocation agreement, except for 
each acre-foot of stored water leased or trans-
ferred for industrial purposes as described in 
subparagraph (H); and 
(H) for each acre-foot of stored water 
leased or transferred by the Fort Belknap In-
dian Community for industrial purposes— 
(i) the Fort Belknap Indian Commu-
nity shall pay annually to the United 
States an amount necessary to cover the 
proportional share of the annual oper-
ations, maintenance, and replacement costs 
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allocable to the quantity of water leased or 
transferred by the Fort Belknap Indian 
Community for industrial purposes; and 
(ii) the annual payments of the Fort 
Belknap Indian Community shall be re-
viewed and adjusted, as appropriate, to re-
flect the actual operations, maintenance, 
and replacement costs for Tiber Dam. 
(d) AGREEMENT BY FORT BELKNAP INDIAN COMMU-
NITY.—The Fort Belknap Indian Community may use, 
lease, contract, exchange, or enter into other agreements 
for the use of the water allocated to the Fort Belknap 
Indian Community under subsection (a) if— 
(1) the use of water that is the subject of such 
an agreement occurs within the Missouri River 
Basin; and 
(2) the agreement does not permanently alien-
ate any water allocated to the Fort Belknap Indian 
Community under that subsection. 
(e) EFFECTIVE DATE.—The allocation under sub-
section (a) takes effect on the enforceability date. 
(f) NO CARRYOVER STORAGE.—The allocation under 
subsection (a) shall not be increased by any year-to-year 
carryover storage. 
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(g) DEVELOPMENT
AND DELIVERY COSTS.—The 
United States shall not be required to pay the cost of de-
veloping or delivering any water allocated under this sec-
tion. 
SEC. 8. MILK RIVER PROJECT MITIGATION. 
(a) IN GENERAL.—In complete satisfaction of the 
Milk River Project mitigation requirements provided for 
in Article VI.B. of the Compact, the Secretary, acting 
through the Commissioner— 
(1) in cooperation with the State and the 
Blackfeet Tribe, shall carry out appropriate activi-
ties concerning the restoration of the St. Mary 
Canal and associated facilities, including activities 
relating to the— 
(A) planning and design to restore the St. 
Mary Canal and appurtenances to convey 850 
cubic-feet per second; and 
(B) rehabilitating, constructing, and re-
pairing of the St. Mary Canal and appur-
tenances; and 
(2) in cooperation with the State and the Fort 
Belknap Indian Community, shall carry out appro-
priate activities concerning the enlargement of 
Dodson South Canal and associated facilities, includ-
ing activities relating to the— 
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(A) planning and design to enlarge Dodson 
South Canal and headworks at the upstream 
end of Dodson South Canal to divert and con-
vey 700 cubic-feet per second; and 
(B) rehabilitating, constructing, and en-
larging the Dodson South Canal and headworks 
at the upstream end of Dodson South Canal to 
divert and convey 700 cubic-feet per second. 
(b) FUNDING.—The total amount of obligations in-
curred by the Secretary, prior to any adjustments provided 
for in section 14(b), shall not exceed $300,000,000 to 
carry out activities described in subsection (c)(1). 
(c) SATISFACTION OF MITIGATION REQUIREMENT.— 
Notwithstanding any provision of the Compact, the miti-
gation required by Article VI.B. of the Compact shall be 
deemed satisfied if— 
(1) the Secretary has— 
(A) restored the St. Mary Canal and asso-
ciated facilities to convey 850 cubic-feet per sec-
ond; and 
(B) enlarged the Dodson South Canal and 
headworks at the upstream end of Dodson 
South Canal to divert and convey 700 cubic-feet 
per second; and 
(2) the Secretary— 
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(A) has expended all of the available fund-
ing provided pursuant to section 14(a)(1)(D) to 
rehabilitate the St Mary Canal and enlarge the 
Dodson South Canal; and 
(B) despite diligent efforts, could not com-
plete the activities described in subsection (a). 
(d) NONREIMBURSABILITY OF COSTS.—The costs to 
the Secretary of carrying out this section shall be nonreim-
bursable. 
SEC. 9. FORT BELKNAP INDIAN IRRIGATION PROJECT SYS-
TEM. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary, acting through the Assistant 
Secretary for Indian Affairs, shall rehabilitate, modernize, 
and expand the Fort Belknap Indian Irrigation Project, 
which shall include— 
(1) planning, studies, and designing of the ex-
isting and expanded Milk River unit, including the 
Pumping Plant, delivery pipe and canal, Fort 
Belknap Dam and Reservoir, and Peoples Creek 
Flood Protection Project; 
(2) the rehabilitation, modernization, and con-
struction of the existing Milk River unit; and 
(3) construction of the expanded Milk River 
Project, including the Pumping Plant, delivery pipe 
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and canal, Fort Belknap Dam and Reservoir, and 
Peoples Creek Flood Protection Project. 
(b) LEAD AGENCY.—The Bureau of Indian Affairs 
shall serve as the lead agency with respect to any activities 
carried out under this section. 
(c) CONSULTATION WITH THE FORT BELKNAP IN-
DIAN COMMUNITY.—The Secretary shall consult with the 
Fort Belknap Indian Community on appropriate changes 
to the final design and costs of any activity under this 
section. 
(d) FUNDING.—The total amount of obligations in-
curred by the Secretary in carrying out this section, prior 
to any adjustment provided for in section 14(b), shall not 
exceed $415,832,153. 
(e) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(f) ADMINISTRATION.—The Assistant Secretary of 
Indian Affairs and the Fort Belknap Indian Community 
shall negotiate the cost of any oversight activity carried 
out by the Bureau of Indian Affairs under any agreement 
entered into under subsection (i), subject to the condition 
that the total cost for the oversight shall not exceed 3 per-
cent of the total project costs for each project. 
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(g) PROJECT EFFICIENCIES.—If the total cost of 
planning, studies, design, rehabilitation, modernization, 
and construction activities relating to the projects de-
scribed in subsection (a) results in cost savings and is less 
than the amounts authorized to be obligated, the Sec-
retary, at the request of the Fort Belknap Indian Commu-
nity, shall deposit those savings in the the Fort Belknap 
Indian Community Water Resources and Water Rights 
Administration, Operation, and Maintenance Account es-
tablished under section 12(b)(2). 
(h) TREATMENT.—Any activities carried out pursu-
ant to this section that result in improvements, additions, 
or modifications to the Fort Belknap Indian Irrigation 
Project shall— 
(1) become a part of the Fort Belknap Indian 
Irrigation Project; and 
(2) be recorded in the inventory of the Sec-
retary relating to the Fort Belknap Indian Irrigation 
Project. 
(i) APPLICABILITY OF ISDEAA.—At the request of 
the Fort Belknap Indian Community, and in accordance 
with the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5301 et seq.), the Secretary shall 
enter into agreements with the Fort Belknap Indian Com-
munity to carry out all or a portion of this section. 
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(j) EFFECT.—Nothing in this section— 
(1) alters any applicable law under which the 
Bureau of Indian Affairs collects assessments or car-
ries out the operations and maintenance of the Fort 
Belknap Indian Irrigation Project; or 
(2) impacts the availability of amounts under 
section 14. 
(k) SATISFACTION OF FORT BELKNAP INDIAN IRRI-
GATION PROJECT SYSTEM REQUIREMENT.—The obliga-
tions of the Secretary under subsection (a) shall be 
deemed satisfied if— 
(1) the Secretary has rehabilitated, modernized, 
and expanded the Fort Belknap Indian Irrigation 
Project in accordance with subsection (a); or 
(2) the Secretary— 
(A) has expended all of the available fund-
ing provided pursuant to paragraphs (1)(C) and 
(2)(A)(iv) of section 14(a); and 
(B) despite diligent efforts, could not com-
plete the activities described in subsection (a). 
SEC. 10. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits provided under this 
Act shall be in complete replacement of, complete substi-
tution for, and full satisfaction of any claim of the Fort 
Belknap Indian Community against the United States 
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that is waived and released by the Fort Belknap Indian 
Community under section 11(a). 
(b) ALLOTTEES.—The benefits realized by the 
allottees under this Act shall be in complete replacement 
of, complete substitution for, and full satisfaction of— 
(1) all claims waived and released by the United 
States (acting as trustee for the allottees) under sec-
tion 11(a)(2); and 
(2) any claims of the allottees against the 
United States similar to the claims described in sec-
tion 11(a)(2) that the allottee asserted or could have 
asserted. 
SEC. 11. WAIVERS AND RELEASES OF CLAIMS. 
(a) IN GENERAL.— 
(1) WAIVER AND RELEASE OF CLAIMS BY THE 
FORT
BELKNAP
INDIAN
COMMUNITY
AND
UNITED 
STATES AS TRUSTEE FOR THE FORT BELKNAP IN-
DIAN
COMMUNITY.—Subject to the reservation of 
rights and retention of claims under subsection (d), 
as consideration for recognition of the Tribal water 
rights and other benefits described in the Compact 
and this Act, the Fort Belknap Indian Community, 
acting on behalf of the Fort Belknap Indian Com-
munity and members of the Fort Belknap Indian 
Community (but not any member of the Fort 
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Belknap Indian Community as an allottee), and the 
United States, acting as trustee for the Fort 
Belknap Indian Community and the members of the 
Fort Belknap Indian Community (but not any mem-
ber of the Fort Belknap Indian Community as an al-
lottee), shall execute a waiver and release of all 
claims for water rights within the State that the 
Fort Belknap Indian Community, or the United 
States acting as trustee for the Fort Belknap Indian 
Community, asserted or could have asserted in any 
proceeding, including a State stream adjudication, 
on or before the enforceability date, except to the ex-
tent that such rights are recognized in the Compact 
and this Act. 
(2) WAIVER AND RELEASE OF CLAIMS BY THE 
UNITED
STATES
AS
TRUSTEE
FOR
ALLOTTEES.— 
Subject to the reservation of rights and the retention 
of claims under subsection (d), as consideration for 
recognition of the Tribal water rights and other ben-
efits described in the Compact and this Act, the 
United States, acting as trustee for the allottees, 
shall execute a waiver and release of all claims for 
water rights within the Reservation that the United 
States, acting as trustee for the allottees, asserted or 
could have asserted in any proceeding, including a 
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State stream adjudication, on or before the enforce-
ability date, except to the extent that such rights are 
recognized in the Compact and this Act. 
(3) WAIVER AND RELEASE OF CLAIMS BY THE 
FORT BELKNAP INDIAN COMMUNITY AGAINST THE 
UNITED
STATES.—Subject to the reservation of 
rights and retention of claims under subsection (d), 
the Fort Belknap Indian Community, acting on be-
half of the Fort Belknap Indian Community and 
members of the Fort Belknap Indian Community 
(but not any member of the Fort Belknap Indian 
Community as an allottee), shall execute a waiver 
and release of all claims against the United States 
(including any agency or employee of the United 
States)— 
(A) first arising before the enforceability 
date relating to— 
(i) water rights within the State that 
the United States, acting as trustee for the 
Fort Belknap Indian Community, asserted 
or could have asserted in any proceeding, 
including a general stream adjudication in 
the State, except to the extent that such 
rights are recognized as Tribal water 
rights under this Act; 
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(ii) foregone benefits from nontribal 
use of water, on and off the Reservation 
(including water from all sources and for 
all uses); 
(iii) damage, loss, or injury to water, 
water rights, land, or natural resources 
due to loss of water or water rights, in-
cluding damages, losses, or injuries to 
hunting, fishing, gathering, or cultural 
rights due to loss of water or water rights, 
claims relating to interference with, diver-
sion of, or taking of water, or claims relat-
ing to a failure to protect, acquire, replace, 
or develop water, water rights, or water in-
frastructure within the State; 
(iv) a failure to establish or provide a 
municipal rural or industrial water delivery 
system on the Reservation; 
(v) damage, loss, or injury to water, 
water rights, land, or natural resources 
due to construction, operation, and man-
agement of the Fort Belknap Indian Irri-
gation Project and other Federal land and 
facilities (including damages, losses, or in-
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juries to Tribal fisheries, fish habitat, wild-
life, and wildlife habitat); 
(vi) a failure to provide for operation 
and maintenance, or deferred maintenance, 
for the Fort Belknap Indian Irrigation 
Project or any other irrigation system or 
irrigation project; 
(vii) the litigation of claims relating to 
any water rights of the Fort Belknap In-
dian Community in the State; 
(viii) the negotiation, execution, or 
adoption of the Compact (including appen-
dices) and this Act; 
(ix) the taking or acquisition of land 
or resources of the Fort Belknap Indian 
Community for the construction or oper-
ation of the Fort Belknap Indian Irriga-
tion Project or the Milk River Project; and 
(x) the allocation of water of the Milk 
River and the St. Mary River (including 
tributaries) between the United States and 
Canada pursuant to the International 
Boundary Waters Treaty of 1909 (36 Stat. 
2448); and 
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(B) relating to damage, loss, or injury to 
water, water rights, land, or natural resources 
due to mining activities in the Little Rockies 
Mountains prior to the date of trust acquisition, 
including damages, losses, or injuries to hunt-
ing, fishing, gathering, or cultural rights. 
(b) EFFECTIVENESS.—The waivers and releases 
under subsection (a) shall take effect on the enforceability 
date. 
(c) OBJECTIONS
IN MONTANA WATER COURT.— 
Nothing in this Act or the Compact prohibits the Fort 
Belknap Indian Community, a member of the Fort 
Belknap Indian Community, an allottee, or the United 
States in any capacity from objecting to any claim to a 
water right filed in any general stream adjudication in the 
Montana Water Court. 
(d) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases under 
subsection (a), the Fort Belknap Indian Community, act-
ing on behalf of the Fort Belknap Indian Community and 
members of the Fort Belknap Indian Community, and the 
United States, acting as trustee for the Fort Belknap In-
dian Community and the allottees shall retain— 
(1) all claims relating to— 
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(A) the enforcement of water rights recog-
nized under the Compact, any final court decree 
relating to those water rights, or this Act or to 
water rights accruing on or after the enforce-
ability date; 
(B) the quality of water under— 
(i) CERCLA, including damages to 
natural resources; 
(ii) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(iii) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); and 
(iv) any regulations implementing the 
Acts described in clauses (i) through (iii); 
(C) damage, loss, or injury to land or nat-
ural resources that are— 
(i) not due to loss of water or water 
rights (including hunting, fishing, gath-
ering, or cultural rights); and 
(ii) not described in subsection (a)(3); 
and 
(D) an action to prevent any person or 
party (as defined in sections 29 and 30 of Arti-
cle II of the Compact) from interfering with the 
enjoyment of the Tribal water rights; 
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(2) all claims relating to off-Reservation hunt-
ing rights, fishing rights, gathering rights, or other 
rights; 
(3) all claims relating to the right to use and 
protect water rights acquired after the date of enact-
ment of this Act; 
(4) all claims relating to the allocation of 
waters of the Milk River and the Milk River Project 
between the Fort Belknap Indian Community and 
the Blackfeet Tribe, pursuant to section 3705(e)(3) 
of the Blackfeet Water Rights Settlement Act (Pub-
lic Law 114–322; 130 Stat. 1818); 
(5) all claims relating to the enforcement of the 
Act, including the required transfer of land under 
section 6; and 
(6) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this Act or the Compact. 
(e) EFFECT OF COMPACT AND ACT.—Nothing in the 
Compact or this Act— 
(1) affects the authority of the Fort Belknap 
Indian Community to enforce the laws of the Fort 
Belknap Indian Community, including with respect 
to environmental protections; 
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(2) affects the ability of the United States, act-
ing as sovereign, to carry out any activity authorized 
by law, including— 
(A) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) CERCLA; and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(3) affects the ability of the United States to 
act as trustee for any other Indian Tribe or an allot-
tee of any other Indian Tribe; 
(4) confers jurisdiction on any State court— 
(A) to interpret Federal law relating to 
health, safety, or the environment; 
(B) to determine the duties of the United 
States or any other party under Federal law re-
lating to health, safety, or the environment; or 
(C) to conduct judicial review of any Fed-
eral agency action; 
(5) waives any claim of a member of the Fort 
Belknap Indian Community in an individual capacity 
that does not derive from a right of the Fort 
Belknap Indian Community; 
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(6) revives any claim adjudicated in the decision 
in Gros Ventre Tribe v. United States, 469 F.3d 
801 (9th Cir. 2006); or 
(7) revives any claim released by an allottee or 
member of the Fort Belknap Indian Community in 
the 
settlement 
in 
Cobell 
v. 
Salazar, 
No. 
1:96CV01285–JR (D.D.C. 2012). 
(f) ENFORCEABILITY DATE.—The enforceability date 
shall be the date on which the Secretary publishes in the 
Federal Register a statement of findings that— 
(1) the eligible members of the Fort Belknap 
Indian Community have voted to approve this Act 
and the Compact by a majority of votes cast on the 
day of the vote; 
(2)(A) the Montana Water Court has approved 
the Compact in a manner from which no further ap-
peal may be taken; or 
(B) if the Montana Water Court is found to 
lack jurisdiction, the appropriate district court of the 
United States has approved the Compact as a con-
sent decree from which no further appeal may be 
taken; 
(3) all of the amounts authorized to be appro-
priated under section 14 have been appropriated and 
deposited in the designated accounts; 
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