I 
113TH CONGRESS 
2D SESSION 
H. R. 5049 
To exchange trust and fee land to resolve land disputes created by the 
realignment of the Blackfoot River along the boundary of the Fort 
Hall Indian Reservation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 9, 2014 
Mr. SIMPSON introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To exchange trust and fee land to resolve land disputes 
created by the realignment of the Blackfoot River along 
the boundary of the Fort Hall Indian Reservation, 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 ‘‘Blackfoot River Land 
Exchange Act of 2014’’. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
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(1) the Shoshone-Bannock Tribes, a federally 
recognized Indian tribe with tribal headquarters at 
Fort Hall, Idaho— 
(A) adopted a tribal constitution and by-
laws on March 31, 1936, that were approved by 
the Secretary of the Interior on April 30, 1936, 
pursuant to the Act of June 18, 1934 (25 
U.S.C. 461 et seq.) (commonly known as the 
‘‘Indian Reorganization Act’’); 
(B) has entered into various treaties with 
the United States, including the Second Treaty 
of Fort Bridger, executed on July 3, 1868; and 
(C) has maintained a continuous govern-
ment-to-government 
relationship 
with 
the 
United States since the earliest years of the 
Union; 
(2)(A) in 1867, President Andrew Johnson des-
ignated by Executive order the Fort Hall Reserva-
tion for various bands of Shoshone and Bannock In-
dians; 
(B) the Reservation is located near the cities of 
Blackfoot and Pocatello in southeastern Idaho; and 
(C) article 4 of the Second Treaty of Fort 
Bridger secured the Reservation as a ‘‘permanent 
home’’ for the Shoshone-Bannock Tribes; 
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(3)(A) according to the Executive order referred 
to in paragraph (2)(A), the Blackfoot River, as the 
river existed in its natural state— 
(i) is the northern boundary of the Res-
ervation; and 
(ii) flows in a westerly direction along that 
northern boundary; and 
(B) within the Reservation, land use in the 
River watershed is dominated by— 
(i) rangeland; 
(ii) dry and irrigated farming; and 
(iii) residential development; 
(4)(A) in 1964, the Corps of Engineers com-
pleted a local flood protection project on the River— 
(i) authorized by section 204 of the Flood 
Control Act of 1950 (64 Stat. 170); and 
(ii) sponsored by the Blackfoot River Flood 
Control District No. 7; 
(B) the project consisted of building levees, re-
placing irrigation diversion structures, replacing 
bridges, and channel realignment; and 
(C) the channel realignment portion of the 
project severed various parcels of land located con-
tiguous to the River along the boundary of the Res-
ervation, resulting in Indian land being located 
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north of the Realigned River and non-Indian land 
being located south of the Realigned River; 
(5) beginning in 1999, the Cadastral Survey 
Office of the Bureau of Land Management con-
ducted surveys of— 
(A) 25 parcels of Indian land; and 
(B) 19 parcels of non-Indian land; and 
(6) the enactment of this Act and separate 
agreements of the parties would represent a resolu-
tion of the disputes described in subsection (b)(1) 
among— 
(A) the Tribes; 
(B) the allottees; and 
(C) the non-Indian landowners. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to resolve the land ownership and land use 
disputes resulting from realignment of the River by 
the Corps of Engineers during calendar year 1964 
pursuant to the project described in subsection 
(a)(4)(A); and 
(2) to achieve a final and fair solution to re-
solve those disputes. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(1) ALLOTTEE.—The term ‘‘allottee’’ means an 
heir of an original allottee of the Reservation who 
owns an interest in a parcel of land that is— 
(A) held in trust by the United States for 
the benefit of the allottee; and 
(B) located north of the Realigned River 
within the exterior boundaries of the Reserva-
tion. 
(2) BLACKFOOT RIVER FLOOD CONTROL DIS-
TRICT
NO. 7.—The term ‘‘Blackfoot River Flood 
Control District No. 7’’ means the governmental 
subdivision in the State of Idaho, located at 75 East 
Judicial, Blackfoot, Idaho, that— 
(A) is responsible for maintenance and re-
pair of the Realigned River; and 
(B) represents the non-Indian landowners 
relating to the resolution of the disputes de-
scribed in section 2(b)(1) in accordance with 
this Act. 
(3) INDIAN
LAND.—The term ‘‘Indian land’’ 
means any parcel of land that is— 
(A) held in trust by the United States for 
the benefit of the Tribes or the allottees; 
(B) located north of the Realigned River; 
and 
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(C) identified in exhibit A of the survey of 
the Bureau of Land Management entitled ‘‘Sur-
vey of the Blackfoot River of 2002 to 2005’’, 
which is located at— 
(i) the Fort Hall Indian Agency office 
of the Bureau of Indian Affairs; and 
(ii) the Blackfoot River Flood Control 
District No. 7. 
(4) NON-INDIAN LAND.—The term ‘‘non-Indian 
land’’ means any parcel of fee land that is— 
(A) located south of the Realigned River; 
and 
(B) identified in exhibit B, which is located 
at the areas described in clauses (i) and (ii) of 
paragraph (3)(C). 
(5) 
NON-INDIAN
LANDOWNER.—The 
term 
‘‘non-Indian landowner’’ means any individual who 
holds fee title to non-Indian land and is represented 
by the Blackfoot River Flood Control District No. 7 
for purposes of this Act. 
(6) REALIGNED RIVER.—The term ‘‘Realigned 
River’’ means that portion of the River that was re-
aligned by the Corps of Engineers during calendar 
year 1964 pursuant to the project described in sec-
tion 2(a)(4)(A). 
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(7) RESERVATION.—The term ‘‘Reservation’’ 
means the Fort Hall Reservation established by Ex-
ecutive order during calendar year 1867 and con-
firmed by treaty during calendar year 1868. 
(8) RIVER.—The term ‘‘River’’ means the 
Blackfoot River located in the State of Idaho. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(10) TRIBES.—The term ‘‘Tribes’’ means the 
Shoshone-Bannock Tribes. 
SEC. 4. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON- 
INDIAN OWNED LANDS. 
(a) RELEASE OF CLAIMS.—Effective on the date of 
enactment of this Act— 
(1) all existing and future claims with respect 
to the Indian land and the non-Indian land and all 
right, title, and interest that the Tribes, allottees, 
non-Indian landowners, and the Blackfoot River 
Flood Control District No. 7 may have had to that 
land shall be extinguished; 
(2) any interest of the Tribes, the allottees, or 
the United States, acting as trustee for the Tribes 
or allottees, in the Indian land shall be extinguished 
under section 2116 of the Revised Statutes (com-
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monly known as the ‘‘Indian Trade and Intercourse 
Act’’) (25 U.S.C. 177); and 
(3) to the extent any interest in non-Indian 
land transferred into trust pursuant to section 5 vio-
lates section 2116 of the Revised Statutes (com-
monly known as the ‘‘Indian Trade and Intercourse 
Act’’) (25 U.S.C. 177), that transfer shall be valid, 
subject to the condition that the transfer is con-
sistent with all other applicable Federal laws (includ-
ing regulations). 
(b) DOCUMENTATION.—The Secretary may execute 
and file any appropriate documents (including a plat or 
map of the transferred Indian land) that are suitable for 
filing with the Bingham County clerk or other appropriate 
county official, as the Secretary determines necessary to 
carry out this Act. 
SEC. 5. NON-INDIAN LAND TO BE PLACED INTO TRUST FOR 
TRIBES. 
Effective on the date of enactment of this Act, the 
non-Indian land shall be considered to be held in trust 
by the United States for the benefit of the Tribes. 
SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary shall transfer 
the Indian land to the Blackfoot River Flood Control Dis-
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trict No. 7 for use or sale in accordance with subsection 
(b). 
(b) USE OF LAND.— 
(1) IN GENERAL.—The Blackfoot River Flood 
Control District No. 7 shall use any proceeds from 
the sale of land described in subsection (a) according 
to the following priorities: 
(A) To compensate, at fair market value, 
each non-Indian landowner for the net loss of 
land to that non-Indian landowner resulting 
from the implementation of this Act. 
(B) To compensate the Blackfoot River 
Flood Control District No. 7 for any adminis-
trative or other expenses relating to carrying 
out this Act. 
(2) REMAINING LAND.—If any land remains to 
be conveyed or proceeds remain after the sale of the 
land, the Blackfoot River Flood Control District No. 
7 may dispose of that remaining land or proceeds as 
the Blackfoot River Flood Control District No. 7 de-
termines to be appropriate. 
SEC. 7. EFFECT ON ORIGINAL RESERVATION BOUNDARY. 
Nothing in this Act affects the original boundary of 
the Reservation, as established by Executive order during 
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calendar year 1867 and confirmed by treaty during cal-
endar year 1868. 
SEC. 8. EFFECT ON TRIBAL WATER RIGHTS. 
Nothing in this Act extinguishes or conveys any water 
right of the Tribes, as established in the agreement enti-
tled ‘‘1990 Fort Hall Indian Water Rights Agreement’’ 
and ratified by section 4 of the Fort Hall Indian Water 
Rights Act of 1990 (Public Law 101–602; 104 Stat. 
3060). 
SEC. 9. DISCLAIMERS REGARDING CLAIMS. 
Nothing in this Act— 
(1) affects in any manner the sovereign claim 
of the State of Idaho to title in and to the beds and 
banks of the River under the equal footing doctrine 
of the Constitution of the United States; 
(2) affects any action by the State of Idaho to 
establish the title described in paragraph (1) under 
section 2409a of title 28, United States Code (com-
monly known as the ‘‘Quiet Title Act’’); 
(3) affects the ability of the Tribes or the 
United States to claim ownership of the beds and 
banks of the River; or 
(4) extinguishes or conveys any water rights of 
non-Indian landowners or the claims of those land-
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owners to water rights in the Snake River Basin Ad-
judication. 
Æ 
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