100 
(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.— 
(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— 
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101 
(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, 
withdrawn, or reverted to the general fund of 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), $331,885,220, 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until expended, withdrawn, or reverted to the 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pended, withdrawn, or reverted to the general 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 
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102 
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be retained until expended, withdrawn, or re-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. 
(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 
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103 
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-
plementation Fund established under sec-
tion 13(b)(1), $228,707,684. 
(B) AVAILABILITY.—Amounts deposited in 
the accounts 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— 
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104 
(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 
(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. 
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105 
(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) 
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. 
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(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 
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 
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107 
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— 
(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-
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agement Act of 2009 (43 U.S.C. 407(a)) to carry 
out the purposes of this Act. 
Æ 
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