I 
119TH CONGRESS 
1ST SESSION 
H. R. 907 
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 
JANUARY 31, 2025 
Mr. ZINKE (for himself and Mr. DOWNING) 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Northern Montana Water Security Act of 2025’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS 
SETTLEMENT ACT OF 2025 
Sec. 101. Short title. 
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Sec. 102. Purposes. 
Sec. 103. Definitions. 
Sec. 104. Ratification of Compact. 
Sec. 105. Tribal water rights. 
Sec. 106. Exchange and transfer of land. 
Sec. 107. Storage allocation from Lake Elwell. 
Sec. 108. Milk River Project mitigation. 
Sec. 109. Fort Belknap Indian Irrigation Project System. 
Sec. 110. Satisfaction of claims. 
Sec. 111. Waivers and releases of claims. 
Sec. 112. Aaniiih Nakoda Settlement Trust Fund. 
Sec. 113. Fort Belknap Indian Community Water Settlement Implementation 
Fund. 
Sec. 114. Funding. 
Sec. 115. Miscellaneous provisions. 
Sec. 116. Antideficiency. 
TITLE II—BLACKFEET TRIBE WASTEWATER FACILITIES 
Sec. 201. Blackfeet Tribe Wastewater Facilities. 
TITLE I—FORT BELKNAP INDIAN 
COMMUNITY WATER RIGHTS 
SETTLEMENT ACT OF 2025 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Fort Belknap Indian 
Community Water Rights Settlement Act of 2025’’. 
SEC. 102. PURPOSES. 
The purposes of this title are— 
(1) to achieve a fair, equitable, and final settle-
ment of claims to water rights in the State of Mon-
tana for— 
(A) the Fort Belknap Indian Community 
of the Fort Belknap Reservation of Montana; 
and 
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(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 title; 
(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 
title; 
(4) to authorize funds necessary for the imple-
mentation of the Compact and this title; and 
(5) to authorize the exchange and transfer of 
certain Federal and State land. 
SEC. 103. DEFINITIONS. 
In this title: 
(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 
(B) held in trust by the United States. 
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(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 title. 
(6) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date described in sec-
tion 111(f). 
(7) FORT BELKNAP INDIAN COMMUNITY.—The 
term ‘‘Fort Belknap Indian Community’’ means the 
Gros Ventre and Assiniboine Tribes of the Fort 
Belknap Reservation of Montana, a federally recog-
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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 title, in-
cluding expansion of the Fort Belknap Indian 
Irrigation Project, the Pumping Plant, delivery 
Pipe and Canal, the Fort Belknap Reservoir 
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and Dam, and the Peoples Creek Flood Protec-
tion Project. 
(10) IMPLEMENTATION FUND.—The term ‘‘Im-
plementation Fund’’ means the Fort Belknap Indian 
Community Water Settlement Implementation Fund 
established by section 113(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 title. 
(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 106. 
(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 105(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 title, including the allo-
cation of water to the Fort Belknap Indian Commu-
nity from Lake Elwell under section 107. 
(27) TRUST FUND.—The term ‘‘Trust Fund’’ 
means the Aaniiih Nakoda Settlement Trust Fund 
established for the Fort Belknap Indian Community 
under section 112(a). 
SEC. 104. RATIFICATION OF COMPACT. 
(a) RATIFICATION OF COMPACT.— 
(1) IN GENERAL.—As modified by this title, the 
Compact is authorized, ratified, and confirmed. 
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(2) AMENDMENTS.—Any amendment to the 
Compact is authorized, ratified, and confirmed to 
the extent that the amendment is executed to make 
the Compact consistent with this title. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent that the Com-
pact does not conflict with this title, the Secretary 
shall execute the Compact, including all appendices 
to, or parts of, the Compact requiring the signature 
of the Secretary. 
(2) MODIFICATIONS.—Nothing in this title pre-
cludes the Secretary from approving any modifica-
tion to an appendix to the Compact that is con-
sistent with this title, to the extent that the modi-
fication does not otherwise require congressional ap-
proval under section 2116 of the Revised Statutes 
(25 U.S.C. 177) or any other applicable provision of 
Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Com-
pact and this title, the Secretary shall comply with 
all applicable provisions of— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
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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 title, the Fort Belknap In-
dian Community shall prepare any necessary 
environmental documents, except for any envi-
ronmental documents required under section 
108, consistent with all applicable 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— 
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(i) independently evaluate the docu-
mentation submitted under subparagraph 
(A); and 
(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 described in 
paragraph (2) shall be paid from funds deposited in 
the Trust Fund, subject to the condition that any 
costs associated with the performance of Federal ap-
proval or other review of such compliance work or 
costs associated with inherently Federal functions 
shall remain the responsibility of the Secretary. 
SEC. 105. 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 title. 
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(3) CONFLICT.—In the event of a conflict be-
tween the Compact and this title, this title shall con-
trol. 
(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 title; 
(2) the availability of funding under this title 
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 title 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 
title; and 
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(2) shall not be subject to loss through non-use, 
forfeiture, or abandonment. 
(d) ALLOTTEES.— 
(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 
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law, an allottee may seek relief under section 7 
of the Act of February 8, 1887 (24 Stat. 390, 
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 title, 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 title, 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). 
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(3) LAND
LEASES
BY
ALLOTTEES.—Notwith-
standing paragraph (1), an allottee may lease any 
interest in land held by the allottee, together with 
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 
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Tribal water leasing regulations issued in ac-
cordance with paragraph (1). 
(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 
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those impacts prior to its ap-
proval of a water lease; and 
(ii) are consistent with this title 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 111(f)(1), the Fort Belknap Indian Community 
shall enact a Tribal water code that provides for— 
(A) the administration, management, regu-
lation, and governance of all uses of the Tribal 
water rights in accordance with the Compact 
and this title; 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 
title. 
(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 title, 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 
title. 
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(2) PURCHASES OR GRANTS OF LAND FROM IN-
DIANS.—An authorization provided by this title for 
the allocation, distribution, leasing, or other ar-
rangement entered into pursuant to this title shall 
be considered to satisfy any requirement for author-
ization 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 title— 
(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 
title. 
(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. 106. EXCHANGE AND TRANSFER OF LAND. 
(a) EXCHANGE
OF ELIGIBLE LAND
AND STATE 
LAND.— 
(1) DEFINITIONS.—In this subsection: 
(A) ELIGIBLE LAND.—The term ‘‘eligible 
land’’ means— 
(i) public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)) 
that are administered by the Secretary, 
acting through the Director of the Bureau 
of Land Management; and 
(ii) land in the National Forest Sys-
tem (as defined in section 11(a) of the 
Forest and Rangeland Resources Planning 
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Act of 1974 (16 U.S.C. 1609(a)) that is 
administered by the Secretary of Agri-
culture, acting through the Chief of the 
Forest Service. 
(B) SECRETARY
CONCERNED.—The term 
‘‘Secretary concerned’’ means, as applicable— 
(i) the Secretary, with respect to the 
eligible land administered by the Bureau of 
Land Management; and 
(ii) the Secretary of Agriculture, with 
respect to eligible 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 el-
igible land described in paragraph (4) for the 
State land described in paragraph (3). 
(B) REQUIREMENTS.—Any exchange of 
land made pursuant to this subsection shall be 
subject to the terms and conditions of this sub-
section. 
(C) PRIORITY.— 
(i) IN GENERAL.—In carrying out this 
paragraph, the Secretary and the Sec-
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retary of Agriculture shall, during the 5- 
year period beginning on the date of enact-
ment of this Act, give priority to an ex-
change of eligible land located within the 
State for State land. 
(ii) SECRETARY OF AGRICULTURE.— 
The responsibility of the Secretary of Agri-
culture under clause (i), during the 5-year 
period described in that clause, shall be 
limited to negotiating with the State an ac-
ceptable package of land in the National 
Forest System (as defined in section 11(a) 
of the Forest and Rangeland Resources 
Planning 
Act 
of 
1974 
(16 
U.S.C. 
1609(a))). 
(3) STATE LAND.—The Secretary is authorized 
to accept the following parcels of State land located 
on and off the Reservation: 
(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. 
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(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. 
(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. 
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(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. 
(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. 
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(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. 
(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. 
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(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. 
(KK) 640 acres in T. 25 N., R. 22 E., sec. 
16. 
(4) ELIGIBLE LAND.— 
(A) IN GENERAL.—Subject to valid exist-
ing rights, the reservation of easements or 
rights-of-way deemed necessary to be retained 
by the Secretary concerned, and the require-
ments of this subsection, the Secretary is au-
thorized and directed to convey to the State any 
eligible land within the State identified in the 
negotiations authorized by paragraph (2) and 
agreed to by the Secretary concerned. 
(B) EXCEPTIONS.—The Secretary con-
cerned shall exclude from any conveyance any 
parcel of eligible land that is— 
(i) included within the National Land-
scape Conservation System established by 
section 2002(a) of the Omnibus Public 
Land Management Act of 2009 (16 U.S.C. 
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7202(a)), without regard to whether that 
land has been identified as available for 
disposal in a land use plan; 
(ii) designated as wilderness by Con-
gress; 
(iii) within a component of the Na-
tional Wild and Scenic Rivers System; or 
(iv) designated in the Forest Land 
and Resource Management Plan as a Re-
search Natural Area. 
(C) ADMINISTRATIVE
RESPONSIBILITY.— 
The Secretary shall be responsible for meeting 
all substantive and any procedural requirements 
necessary to complete the exchange and the 
conveyance of the eligible land. 
(5) LAND INTO TRUST.—On completion of the 
land exchange authorized by this subsection, the 
Secretary shall, as soon as practicable after the en-
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 eli-
gible land and State land exchanged under this 
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subsection shall be equal, except that the Sec-
retary 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). 
(B) IMPACTS ON LOCAL GOVERNMENTS.— 
In identifying eligible land to be exchanged with 
the State, the Secretary concerned and the 
State may— 
(i) consider the financial impacts of 
exchanging specific eligible land on local 
governments; and 
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(ii) attempt to minimize the financial 
impact of the exchange on local govern-
ments. 
(C) EXISTING AUTHORIZATIONS.— 
(i) ELIGIBLE
LAND
CONVEYED
TO 
THE STATE.— 
(I) IN
GENERAL.—Any eligible 
land conveyed to the State under this 
subsection shall be subject to any 
valid existing rights, contracts, leases, 
permits, and rights-of-way, unless the 
holder of the right, contract, lease, 
permit, or right-of-way requests an 
earlier termination in accordance 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, 
as applicable, under the existing 
rights, contracts, leases, permits, and 
rights-of-way described in subclause 
(I). 
(ii) STATE LAND CONVEYED TO THE 
UNITED STATES.— 
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