(4) the Secretary and the Fort Belknap Indian 
Community have executed an allocation agreement 
described in section 7(c)(1); 
(5) the State has provided the required funding 
into the Fort Belknap Indian Community Tribal Ir-
rigation and Other Water Resources Development 
Account of the Trust Fund pursuant to section 
14(a)(3); and 
(6) the waivers and releases under subsection 
(a) have been executed by the Fort Belknap Indian 
Community and the Secretary. 
(g) TOLLING OF CLAIMS.— 
(1) IN
GENERAL.—Each applicable period of 
limitation and time-based equitable defense relating 
to a claim described in this section shall be tolled for 
the period beginning on the date of enactment of 
this Act and ending on the enforceability date. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitations or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(h) EXPIRATION.— 
(1) IN GENERAL.—This Act shall expire in any 
case in which— 
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(A) the amounts authorized to be appro-
priated by this Act have not been made avail-
able to the Secretary by not later than— 
(i) January 21, 2034; and 
(ii) such alternative later date as is 
agreed to by the Fort Belknap Indian 
Community and the Secretary; or 
(B) the Secretary fails to publish a state-
ment of findings under subsection (f) by not 
later than— 
(i) January 21, 2035; and 
(ii) such alternative later date as is 
agreed to by the Fort Belknap Indian 
Community and the Secretary, after pro-
viding reasonable notice to the State. 
(2) CONSEQUENCES.—If this Act expires under 
paragraph (1)— 
(A) the waivers and releases under sub-
section (a) shall— 
(i) expire; and 
(ii) have no further force or effect; 
(B) the authorization, ratification, con-
firmation, and execution of the Compact under 
section 4 shall no longer be effective; 
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(C) any action carried out by the Sec-
retary, and any contract or agreement entered 
into, pursuant to this Act shall be void; 
(D) any unexpended Federal funds appro-
priated or made available to carry out the ac-
tivities authorized by this Act, together with 
any interest earned on those funds, and any 
water rights or contracts to use water and title 
to other property acquired or constructed with 
Federal funds appropriated or made available 
to carry out the activities authorized by this Act 
shall be returned to the Federal Government, 
unless otherwise agreed to by the Fort Belknap 
Indian Community and the United States and 
approved by Congress; and 
(E) except for Federal funds used to ac-
quire or construct property that is returned to 
the Federal Government under subparagraph 
(D), the United States shall be entitled to offset 
any Federal funds made available to carry out 
this Act that were expended or withdrawn, or 
any funds made available to carry out this Act 
from other Federal authorized sources, together 
with any interest accrued on those funds, 
against any claims against the United States— 
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(i) relating to— 
(I) water rights in the State as-
serted by— 
(aa) the Fort Belknap In-
dian Community; or 
(bb) any user of the Tribal 
water rights; or 
(II) any other matter described 
in subsection (a)(3); or 
(ii) in any future settlement of water 
rights of the Fort Belknap Indian Commu-
nity or an allottee. 
SEC. 12. AANIIIH NAKODA SETTLEMENT TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund for the Fort Belknap Indian Community, to 
be known as the ‘‘Aaniiih Nakoda Settlement Trust 
Fund’’, to be managed, invested, and distributed by the 
Secretary and to remain available until expended, with-
drawn, or reverted to the general fund of the Treasury, 
consisting of the amounts deposited in the Trust Fund 
under subsection (c), together with any investment earn-
ings, including interest, earned on those amounts, for the 
purpose of carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Trust Fund the following accounts: 
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(1) The Fort Belknap Indian Community Trib-
al Irrigation and Other Water Resources Develop-
ment Account. 
(2) The Fort Belknap Indian Community 
Water Resources and Water Rights Administration, 
Operation, and Maintenance Account. 
(3) The Fort Belknap Indian Community Clean 
and Safe Domestic Water and Sewer Systems, and 
Lake Elwell Project Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the Fort Belknap Indian Community 
Tribal Irrigation and Other Water Resources Devel-
opment Account established under subsection (b)(1), 
the amounts made available pursuant to paragraphs 
(1)(A) and (2)(A)(i) of section 14(a); 
(2) in the Fort Belknap Indian Community 
Water Resources and Water Rights Administration, 
Operation, and Maintenance Account established 
under subsection (b)(2), the amounts made available 
pursuant to section 14(a)(2)(A)(ii); and 
(3) in the Fort Belknap Indian Community 
Clean and Safe Domestic Water and Sewer Systems, 
and Lake Elwell Project Account established under 
subsection (b)(3), the amounts made available pur-
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suant to paragraphs (1)(B) and (2)(A)(iii) of section 
14(a). 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
the funds into the accounts in the Trust Fund pur-
suant to subsection (c), the Secretary shall manage, 
invest, and distribute all amounts in the Trust Fund 
in accordance with the investment authority of the 
Secretary under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this section. 
(2) INVESTMENT
EARNINGS.—In addition to 
the amounts deposited under subsection (c), any in-
vestment earnings, including interest, credited to 
amounts held in the Trust Fund shall be available 
for use in accordance with subsections (e) and (g). 
(e) AVAILABILITY OF AMOUNTS.— 
(1) IN
GENERAL.—Amounts appropriated to, 
and deposited in, the Trust Fund, including any in-
vestment earnings, including interest, earned on 
those amounts shall be made available— 
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(A) to the Fort Belknap Indian Commu-
nity by the Secretary beginning on the enforce-
ability date; and 
(B) subject to the uses and restrictions in 
this section. 
(2) EXCEPTIONS.—Notwithstanding paragraph 
(1)— 
(A) amounts deposited in the Fort Belknap 
Indian Community Tribal Irrigation and Other 
Water Resources Development Account estab-
lished under subsection (b)(1) shall be available 
to the Fort Belknap Indian Community on the 
date on which the amounts are deposited for 
uses described in subparagraphs (A) and (B) of 
subsection (g)(1); 
(B) 
amounts 
deposited 
in 
the 
Fort 
Belknap Indian Community Water Resources 
and Water Rights Administration, Operation, 
and Maintenance Account established under 
subsection (b)(2) shall be made available to the 
Fort Belknap Indian Community on the date on 
which the amounts are deposited and the Fort 
Belknap Indian Community has satisfied the re-
quirements of section 11(f)(1), for the uses de-
scribed in subsection (g)(2)(A); and 
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(C) amounts deposited in the Fort Belknap 
Indian Community Clean and Safe Domestic 
Water and Sewer Systems, and Lake Elwell 
Project Account established under subsection 
(b)(3) shall be available to the Fort Belknap In-
dian Community on the date on which the 
amounts are deposited for the uses described in 
subsection (g)(3)(A). 
(f) WITHDRAWALS.— 
(1) AMERICAN INDIAN TRUST FUND MANAGE-
MENT REFORM ACT OF 1994.— 
(A) IN GENERAL.—The Fort Belknap In-
dian Community may withdraw any portion of 
the funds in the Trust Fund on approval by the 
Secretary of a Tribal management plan sub-
mitted by the Fort Belknap Indian Community 
in accordance with the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
Fort Belknap Indian Community spend all 
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amounts withdrawn from the Trust Fund, and 
any investment earnings accrued through the 
investments under the Tribal management plan, 
in accordance with this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary— 
(i) to enforce the Tribal management 
plan; and 
(ii) to ensure that amounts withdrawn 
from the Trust Fund by the Fort Belknap 
Indian Community under this paragraph 
are used in accordance with this Act. 
(2) 
WITHDRAWALS
UNDER
EXPENDITURE 
PLAN.— 
(A) IN GENERAL.—The Fort Belknap In-
dian Community may submit to the Secretary a 
request to withdraw funds from the Trust Fund 
pursuant to an approved expenditure plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw funds under an expenditure plan 
under this paragraph, the Fort Belknap Indian 
Community shall submit to the Secretary for 
approval an expenditure plan for any portion of 
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the Trust Fund that the Fort Belknap Indian 
Community elects to withdraw pursuant to this 
paragraph, subject to the condition that the 
funds shall be used for the purposes described 
in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Trust Fund will be used by the Fort Belknap 
Indian Community in accordance with sub-
sections (e) and (g). 
(D) APPROVAL.—On receipt of an expendi-
ture plan under this paragraph, the Secretary 
shall approve the expenditure plan if the Sec-
retary determines that the expenditure plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan under 
this paragraph to ensure that amounts dis-
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bursed under this paragraph are used in ac-
cordance with this Act. 
(g) USES.—Amounts from the Trust Fund shall be 
used by the Fort Belknap Indian Community for the fol-
lowing purposes: 
(1) FORT BELKNAP INDIAN COMMUNITY TRIBAL 
IRRIGATION AND OTHER WATER RESOURCES DEVEL-
OPMENT ACCOUNT.—Amounts in the Fort Belknap 
Indian Community Tribal Irrigation and Other 
Water Resources Development Account established 
under subsection (b)(1) shall be used to pay the cost 
of activities relating to— 
(A) planning, studies, and design of the 
Southern Tributary Irrigation Project and the 
Peoples Creek Irrigation Project, including the 
Upper Peoples Creek Dam and Reservoir, as 
described in the Fort Belknap Indian Commu-
nity Comprehensive Water Development Plan 
dated 2019; 
(B) environmental compliance; 
(C) construction of the Southern Tributary 
Irrigation Project and the Peoples Creek Irriga-
tion Project, including the Upper Peoples Creek 
Dam and Reservoir; 
(D) wetlands restoration and development; 
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(E) stock watering infrastructure; and 
(F) on farm development support and re-
acquisition of fee lands within the Fort Belknap 
Indian Irrigation Project. 
(2) FORT BELKNAP INDIAN COMMUNITY WATER 
RESOURCES AND WATER RIGHTS ADMINISTRATION, 
OPERATION, 
AND
MAINTENANCE
ACCOUNT.— 
Amounts in the Fort Belknap Indian Community 
Water Resources and Water Rights Administration, 
Operation, and Maintenance Account established 
under subsection (b)(2), the principal and invest-
ment earnings, including interest, may only be used 
by the Fort Belknap Indian Community to pay the 
costs of activities described in subparagraphs (A) 
through (C) as follows: 
(A) $9,000,000 shall be used for the estab-
lishment, operation, and capital expenditures in 
connection with the administration of the Tribal 
water resources and water rights development, 
including the development or enactment of a 
Tribal water code. 
(B) Only investment earnings, including 
interest, on $29,299,059 shall be used and be 
available to pay the costs of activities for ad-
ministration, operations, and regulation of the 
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Tribal water resources and water rights depart-
ment, in accordance with the Compact and this 
Act. 
(C) Only investment earnings, including in-
terest, on $28,331,693 shall be used and be 
available to pay the costs of activities relating 
to a portion of the annual assessment costs for 
the Fort Belknap Indian Community and Tribal 
members, including allottees, under the Fort 
Belknap Indian Irrigation Project. 
(3) FORT BELKNAP INDIAN COMMUNITY CLEAN 
AND SAFE DOMESTIC WATER AND SEWER SYSTEMS, 
AND LAKE ELWELL PROJECT ACCOUNT.—Amounts 
in the Fort Belknap Indian Community Clean and 
Safe Domestic Water and Sewer Systems, and Lake 
Elwell Project Account established under subsection 
(b)(3), the principal and investment earnings, in-
cluding interest, may only be used by the Fort 
Belknap Indian Community to pay the costs of ac-
tivities relating to— 
(A) planning, studies, and design of do-
mestic water supply, sewer collection and treat-
ment systems, and Lake Elwell Project, as de-
scribed in the Fort Belknap Indian Community 
Comprehensive Water Development Plan dated 
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2019, including water delivery to the southern 
part of the Reservation; 
(B) construction of domestic water supply, 
sewer collection, and treatment systems; 
(C) construction, in accordance with appli-
cable law, of infrastructure for delivery of Lake 
Elwell water diverted from the Missouri River 
to the southern part of the Reservation; and 
(D) planning, studies, design, and con-
struction of a Tribal wellness center for a work 
force health and wellbeing project. 
(h) LIABILITY.—The Secretary shall not be liable for 
any expenditure or investment of amounts withdrawn from 
the Trust Fund by the Fort Belknap Indian Community 
pursuant to subsection (f). 
(i) PROJECT EFFICIENCIES.—If the total cost of the 
activities described in subsection (g) results in cost savings 
and is less than the amounts authorized to be obligated 
under any of paragraphs (1) through (3) of that sub-
section required to carry out those activities, the Sec-
retary, at the request of the Fort Belknap Indian Commu-
nity, shall deposit those savings in the Trust Fund to be 
used in accordance with that subsection. 
(j) ANNUAL REPORT.—The Fort Belknap Indian 
Community shall submit to the Secretary an annual ex-
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penditure report describing accomplishments and amounts 
spent from use of withdrawals under a Tribal management 
plan or an expenditure plan described in this section. 
(k) NO PER CAPITA PAYMENTS.—No principal or in-
terest amount in any account established by this section 
shall be distributed to any member of the Fort Belknap 
Indian Community on a per capita basis. 
(l) EFFECT.—Nothing in this Act entitles the Fort 
Belknap Indian Community to judicial review of a deter-
mination of the Secretary regarding whether to approve 
a Tribal management plan under paragraph (1) or an ex-
penditure plan under paragraph (2), except as provided 
under subchapter II of chapter 5, and chapter 7, of title 
5, United States Code (commonly known as the ‘‘Adminis-
trative Procedure Act’’). 
SEC. 13. FORT BELKNAP INDIAN COMMUNITY WATER SET-
TLEMENT IMPLEMENTATION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a non-trust, interest-bear-
ing account to be known as the ‘‘Fort Belknap Indian 
Community Water Settlement Implementation Fund’’, to 
be managed and distributed by the Secretary, for use by 
the Secretary for carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Implementation Fund the following accounts: 
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(1) The Fort Belknap Indian Irrigation Project 
System Account. 
(2) The Milk River Project Mitigation Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the Fort Belknap Indian Irrigation 
Project System Account established under subsection 
(b)(1), the amount made available pursuant to para-
graphs (1)(C) and (2)(A)(iv) of section 14(a); and 
(2) in the Milk River Project Mitigation Ac-
count established under subsection (b)(2), the 
amount 
made 
available 
pursuant 
to 
section 
14(a)(1)(D). 
(d) USES.— 
(1) 
FORT
BELKNAP
INDIAN
IRRIGATION 
PROJECT SYSTEM ACCOUNT.—The Fort Belknap In-
dian Irrigation Project Rehabilitation Account estab-
lished under subsection (b)(1) shall be used to carry 
out section 9, except as provided in subsection (g) 
of that section. 
(2) MILK
RIVER
PROJECT
MITIGATION
AC-
COUNT.—The Milk River Project Mitigation Account 
established under subsection (b)(2) may only be used 
to carry out section 8. 
(e) MANAGEMENT.— 
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(1) IN GENERAL.—Amounts in the Implementa-
tion Fund shall not be available to the Secretary for 
expenditure until the enforceability date. 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), amounts deposited in the Fort Belknap Indian 
Irrigation Project System Account established under 
subsection (b)(1) shall be available to the Secretary 
on the date on which the amounts are deposited for 
uses described in paragraphs (1) and (2) of section 
9(a). 
(f) INTEREST.—In addition to the deposits under 
subsection (c), any interest credited to amounts unex-
pended in the Implementation Fund are authorized to be 
appropriated to be used in accordance with the uses de-
scribed in subsection (d). 
SEC. 14. FUNDING. 
(a) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
Subject to subsection (b), there are authorized to be 
appropriated to the Secretary— 
(A) for deposit in the Fort Belknap Indian 
Community Tribal Irrigation and Other Water 
Resources Development Account of the Trust 
Fund 
established 
under 
section 
12(b)(1), 
$89,643,100, to be retained until expended, 
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withdrawn, or reverted to the general fund of 
the Treasury; 
(B) for deposit in the Fort Belknap Indian 
Community Clean and Safe Domestic Water 
and Sewer Systems, and Lake Elwell Project 
Account of the Trust Fund established under 
section 12(b)(3), $157,371,593, to be retained 
until expended, withdrawn, or reverted to the 
general fund of the Treasury; 
(C) for deposit in the Fort Belknap Indian 
Irrigation Project System Account of the Imple-
mentation Fund established under section 
13(b)(1), such sums as are necessary, but not 
more than $187,124,469, for the Secretary to 
carry out section 9, to be retained until ex-
pended, withdrawn, or reverted to the general 
fund of the Treasury; and 
(D) for deposit in the Milk River Project 
Mitigation Account of the Implementation Fund 
established under section 13(b)(2), such sums 
as 
are 
necessary, 
but 
not 
more 
than 
$300,000,000, for the Secretary to carry out 
obligations of the Secretary under section 8, to 
be retained until expended, withdrawn, or re-
verted to the general fund of the Treasury. 
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(2) MANDATORY APPROPRIATIONS.— 
(A) IN GENERAL.—Out of any funds in the 
Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall deposit— 
(i) in the Fort Belknap Indian Com-
munity Tribal Irrigation and Other Water 
Resources Development Account of the 
Trust Fund established under section 
12(b)(1), $29,881,034, to be retained until 
expended, withdrawn, or reverted to the 
general fund of the Treasury; 
(ii) in the Fort Belknap Indian Com-
munity Water Resources and Water Rights 
Administration, Operation, and Mainte-
nance Account of the Trust Fund estab-
lished 
under 
section 
12(b)(2), 
$66,630,752; 
(iii) in the Fort Belknap Indian Com-
munity Clean and Safe Domestic Water 
and Sewer Systems, and Lake Elwell 
Project Account of the Trust Fund estab-
lished 
under 
section 
12(b)(3), 
$110,628,407; and 
(iv) in the Fort Belknap Indian Irri-
gation Project System Account of the Im-
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100 
plementation Fund established under sec-
tion 13(b)(1), $228,717,684. 
(B) AVAILABILITY.—Amounts deposited in 
the Trust Fund under subparagraph (A) shall 
be available without further appropriation. 
(3) STATE COST SHARE.—The State shall con-
tribute $5,000,000, plus any earned interest, pay-
able to the Secretary for deposit in the Fort Belknap 
Indian Community Tribal Irrigation and Other 
Water Resources Development Account of the Trust 
Fund established under section 12(b)(1) on approval 
of a final decree by the Montana Water Court for 
the purpose of activities relating to the Upper Peo-
ples Creek Dam and Reservoir under subparagraphs 
(A) through (C) of section 12(g)(1). 
(b) FLUCTUATION IN COSTS.— 
(1) IN GENERAL.—The amounts authorized to 
be appropriated under paragraphs (1) and (2) of 
subsection (a) and this subsection shall be— 
(A) increased or decreased, as appropriate, 
by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after 
the date of enactment of this Act as indicated 
by the Bureau of Reclamation Construction 
Cost Index—Composite Trend; and 
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101 
(B) adjusted to address construction cost 
changes necessary to account for unforeseen 
market volatility that may not otherwise be cap-
tured by engineering cost indices as determined 
by the Secretary, including repricing applicable 
to the types of construction and current indus-
try standards involved. 
(2) REPETITION.—The adjustment process 
under paragraph (1) shall be repeated for each sub-
sequent amount appropriated until the amount au-
thorized to be appropriated under subsection (a), as 
adjusted, has been appropriated. 
(3) PERIOD OF INDEXING.— 
(A) TRUST
FUND.—With respect to the 
Trust Fund, the period of indexing adjustment 
under paragraph (1) for any increment of fund-
ing shall end on the date on which the funds 
are deposited into the Trust Fund. 
(B) IMPLEMENTATION
FUND.—With re-
spect to the Implementation Fund, the period 
of adjustment under paragraph (1) for any in-
crement of funding shall be annually. 
SEC. 15. MISCELLANEOUS PROVISIONS. 
(a) WAIVER
OF SOVEREIGN IMMUNITY
BY
THE 
UNITED STATES.—Except as provided in subsections (a) 
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102 
through (c) of section 208 of the Department of Justice 
Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 
Act waives the sovereign immunity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this Act quantifies or diminishes any land or 
water right, or any claim or entitlement to land or water, 
of an Indian Tribe, band, or community other than the 
Fort Belknap Indian Community. 
(c) ELIMINATION OF DEBTS OR LIENS AGAINST AL-
LOTMENTS OF THE FORT BELKNAP INDIAN COMMUNITY 
MEMBERS WITHIN THE FORT BELKNAP INDIAN IRRIGA-
TION PROJECT.—On the date of enactment of this Act, 
the Secretary shall cancel and eliminate all debts or liens 
against the allotments of land held by the Fort Belknap 
Indian Community and the members of the Fort Belknap 
Indian Community due to construction assessments and 
annual operation and maintenance charges relating to the 
Fort Belknap Indian Irrigation Project. 
(d) EFFECT ON CURRENT LAW.—Nothing in this Act 
affects any provision of law (including regulations) in ef-
fect on the day before the date of enactment of this Act 
with respect to pre-enforcement review of any Federal en-
vironmental enforcement action. 
(e) EFFECT ON RECLAMATION LAWS.—The activities 
carried out by the Commissioner under this Act shall not 
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103 
establish a precedent or impact the authority provided 
under any other provision of the reclamation laws, includ-
ing— 
(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). 
(f) ADDITIONAL FUNDING.—Nothing in this Act pro-
hibits the Fort Belknap Indian Community from seek-
ing— 
(1) additional funds for Tribal programs or 
purposes; or 
(2) funding from the United States or the State 
based on the status of the Fort Belknap Indian 
Community as an Indian Tribe. 
(g) RIGHTS UNDER STATE LAW.—Except as pro-
vided in section 1 of Article III of the Compact (relating 
to the closing of certain water basins in the State to new 
appropriations in accordance with the laws of the State), 
nothing in this Act or the Compact precludes the acquisi-
tion or exercise of a right arising under State law (as de-
fined in section 6 of Article II of the Compact) to the use 
of water by the Fort Belknap Indian Community, or a 
member or allottee of the Fort Belknap Indian Commu-
nity, outside the Reservation by— 
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104 
(1) purchase of the right; or 
(2) submitting to the State an application in 
accordance with State law. 
(h) WATER STORAGE AND IMPORTATION.—Nothing 
in this Act or the Compact prevents the Fort Belknap In-
dian Community from participating in any project to im-
port water to, or to add storage in, the Milk River Basin. 
SEC. 16. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
Act, including any obligation or activity under the Com-
pact, if— 
(1) adequate appropriations are not provided by 
Congress expressly to carry out the purposes of this 
Act; or 
(2) there are not enough funds available in the 
Reclamation Water Settlements Fund established by 
section 10501(a) of the Omnibus Public Land Man-
agement Act of 2009 (43 U.S.C. 407(a)) to carry 
out the purposes of this Act. 
Æ 
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