2000 
† HR 2670 EAS 
(1) GRANTEE REPORTS.—The Secretary shall re-
quire grantees under this section to provide periodic 
reports that include the obligation and expenditure of 
grant funds, the progress made by the grantee in im-
plementing the plan described in subsection (d)(1)(A), 
and any change in the incidence of drug-related crime 
in projects assisted under section. 
(2) HUD REPORTS.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
submit to Congress a report describing the system 
used to distribute funding to grantees under this sec-
tion, which shall include descriptions of— 
(A) the methodology used to distribute 
amounts made available under this section; and 
(B) actions taken by the Secretary to ensure 
that amounts made available under section are 
not used to fund baseline local government serv-
ices, as described in subsection (h)(2). 
(g) NOTICE
OF FUNDING AWARDS.—The Secretary 
shall publish on the website of the Department a notice of 
all grant awards made pursuant to section, which shall 
identify the grantees and the amount of the grants. 
(h) MONITORING.— 
(1) IN GENERAL.—The Secretary shall audit and 
monitor the program funded under this subsection to
2001 
† HR 2670 EAS 
ensure that assistance provided under this subsection 
is administered in accordance with the provisions of 
section. 
(2) PROHIBITION OF FUNDING BASELINE SERV-
ICES.— 
(A) IN GENERAL.—Amounts provided under 
this section may not be used to reimburse or sup-
port any local law enforcement agency or unit of 
general local government for the provision of 
services that are included in the baseline of serv-
ices required to be provided by any such entity 
pursuant to a local cooperative agreement pursu-
ant under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5301 et 
seq.) or any provision of an annual contribu-
tions contract for payments in lieu of taxation 
with the Bureau of Indian Affairs. 
(B) DESCRIPTION.—Each grantee under 
this section shall describe, in the report under 
subsection (f)(1), such baseline of services for the 
unit of Tribal government in which the jurisdic-
tion of the grantee is located. 
(3) ENFORCEMENT.—The Secretary shall provide 
for the effective enforcement of this section, as speci-
2002 
† HR 2670 EAS 
fied in the program requirements published in a no-
tice by the Secretary, which may include— 
(A) the use of on-site monitoring, inde-
pendent public audit requirements, certification 
by Tribal or Federal law enforcement or Tribal 
government officials regarding the performance 
of baseline services referred to in paragraph (2); 
(B) entering into agreements with the Attor-
ney 
General 
to 
achieve 
compliance, 
and 
verification of compliance, with the provisions of 
this section; and 
(C) adopting enforcement authority that is 
substantially similar to the authority provided 
to the Secretary under the Native American 
Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et seq.) 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary for each fiscal years 2024 through 2030 to carry out 
this section. 
SEC. 11020. RENTAL ASSISTANCE FOR HOMELESS OR AT- 
RISK INDIAN VETERANS. 
Section 8(o)(19) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the 
end the following:
2003 
† HR 2670 EAS 
‘‘(E) INDIAN VETERANS HOUSING RENTAL 
ASSISTANCE PROGRAM.— 
‘‘(i) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) 
ELIGIBLE
INDIAN
VET-
ERAN.—The term ‘eligible Indian vet-
eran’ means an Indian veteran who 
is— 
‘‘(aa) homeless or at risk of 
homelessness; and 
‘‘(bb) living— 
‘‘(AA) on or near a res-
ervation; or 
‘‘(BB) in or near any 
other Indian area. 
‘‘(II) ELIGIBLE RECIPIENT.—The 
term ‘eligible recipient’ means a recipi-
ent eligible to receive a grant under 
section 101 of the Native American 
Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 
4111). 
‘‘(III) INDIAN; INDIAN
AREA.— 
The terms ‘Indian’ and ‘Indian area’ 
have the meanings given those terms in
2004 
† HR 2670 EAS 
section 4 of the Native American Hous-
ing Assistance and Self-Determination 
Act of 1996 (25 U.S.C. 4103). 
‘‘(IV) 
INDIAN
VETERAN.—The 
term ‘Indian veteran’ means an In-
dian who is a veteran. 
‘‘(V) PROGRAM.—The term ‘Pro-
gram’ means the Tribal HUD–VASH 
program carried out under clause (ii). 
‘‘(VI) TRIBAL
ORGANIZATION.— 
The term ‘tribal organization’ has the 
meaning given the term in section 4 of 
the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 
5304). 
‘‘(ii) PROGRAM SPECIFICATIONS.—The 
Secretary shall use not less than 5 percent 
of the amounts made available for rental as-
sistance under this paragraph to carry out 
a rental assistance and supported housing 
program, to be known as the ‘Tribal HUD– 
VASH program’, in conjunction with the 
Secretary of Veterans Affairs, by awarding 
grants for the benefit of eligible Indian vet-
erans.
2005 
† HR 2670 EAS 
‘‘(iii) MODEL.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), the Secretary 
shall model the Program on the rental 
assistance and supported housing pro-
gram authorized under subparagraph 
(A) and applicable appropriations 
Acts, including administration in con-
junction with the Secretary of Veterans 
Affairs. 
‘‘(II) EXCEPTIONS.— 
‘‘(aa) SECRETARY OF HOUS-
ING AND URBAN DEVELOPMENT.— 
After consultation with Indian 
tribes, eligible recipients, and any 
other appropriate tribal organiza-
tions, the Secretary may make 
necessary and appropriate modi-
fications to facilitate the use of the 
Program by eligible recipients to 
serve eligible Indian veterans. 
‘‘(bb) SECRETARY
OF
VET-
ERANS AFFAIRS.—After consulta-
tion with Indian tribes, eligible 
recipients, and any other appro-
2006 
† HR 2670 EAS 
priate tribal organizations, the 
Secretary of Veterans Affairs may 
make necessary and appropriate 
modifications to facilitate the use 
of the Program by eligible recipi-
ents to serve eligible Indian vet-
erans. 
‘‘(iv) ELIGIBLE RECIPIENTS.—The Sec-
retary shall make amounts for rental assist-
ance and associated administrative costs 
under the Program available in the form of 
grants to eligible recipients. 
‘‘(v) FUNDING
CRITERIA.—The Sec-
retary shall award grants under the Pro-
gram based on— 
‘‘(I) need; 
‘‘(II) 
administrative 
capacity; 
and 
‘‘(III) any other funding criteria 
established by the Secretary in a notice 
published in the Federal Register after 
consulting with the Secretary of Vet-
erans Affairs. 
‘‘(vi) 
ADMINISTRATION.—Grants 
awarded under the Program shall be ad-
2007 
† HR 2670 EAS 
ministered in accordance with the Native 
American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4101 et 
seq.), except that recipients shall— 
‘‘(I) submit to the Secretary, in a 
manner prescribed by the Secretary, 
reports on the utilization of rental as-
sistance provided under the Program; 
and 
‘‘(II) provide to the Secretary in-
formation specified by the Secretary to 
assess the effectiveness of the Program 
in serving eligible Indian veterans. 
‘‘(vii) CONSULTATION.— 
‘‘(I) GRANT RECIPIENTS; TRIBAL 
ORGANIZATIONS.—The Secretary, in 
coordination with the Secretary of Vet-
erans Affairs, shall consult with eligi-
ble recipients and any other appro-
priate tribal organization on the de-
sign of the Program to ensure the effec-
tive delivery of rental assistance and 
supportive services to eligible Indian 
veterans under the Program.
2008 
† HR 2670 EAS 
‘‘(II) INDIAN HEALTH SERVICE.— 
The Director of the Indian Health 
Service shall provide any assistance re-
quested by the Secretary or the Sec-
retary of Veterans Affairs in carrying 
out the Program. 
‘‘(viii) WAIVER.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), the Secretary 
may waive or specify alternative re-
quirements for any provision of law 
(including regulations) that the Sec-
retary administers in connection with 
the use of rental assistance made avail-
able under the Program if the Sec-
retary finds that the waiver or alter-
native requirement is necessary for the 
effective delivery and administration of 
rental assistance under the Program to 
eligible Indian veterans. 
‘‘(II) EXCEPTION.—The Secretary 
may not waive or specify alternative 
requirements under subclause (I) for 
any provision of law (including regu-
2009 
† HR 2670 EAS 
lations) relating to labor standards or 
the environment. 
‘‘(ix) RENEWAL
GRANTS.—The Sec-
retary may— 
‘‘(I) set aside, from amounts made 
available for tenant-based rental assist-
ance under this subsection and without 
regard to the amounts used for new 
grants under clause (ii), such amounts 
as may be necessary to award renewal 
grants to eligible recipients that re-
ceived a grant under the Program in a 
previous year; and 
‘‘(II) specify criteria that an eli-
gible recipient must satisfy to receive a 
renewal grant under subclause (I), in-
cluding providing data on how the eli-
gible recipient used the amounts of any 
grant previously received under the 
Program. 
‘‘(x) REPORTING.— 
‘‘(I) IN GENERAL.—Not later than 
1 year after the date of enactment of 
this subparagraph, and every 5 years 
thereafter, the Secretary, in coordina-
2010 
† HR 2670 EAS 
tion with the Secretary of Veterans Af-
fairs and the Director of the Indian 
Health Service, shall— 
‘‘(aa) conduct a review of the 
implementation of the Program, 
including any factors that may 
have limited its success; and 
‘‘(bb) submit a report de-
scribing the results of the review 
under item (aa) to— 
‘‘(AA) the Committee on 
Indian Affairs, the Com-
mittee on Banking, Housing, 
and Urban Affairs, the Com-
mittee on Veterans’ Affairs, 
and the Committee on Ap-
propriations of the Senate; 
and 
‘‘(BB) the Subcommittee 
on Indian, Insular and Alas-
ka Native Affairs of the Com-
mittee on Natural Resources, 
the Committee on Financial 
Services, the Committee on 
Veterans’ Affairs, and the
2011 
† HR 2670 EAS 
Committee 
on 
Appropria-
tions of the House of Rep-
resentatives. 
‘‘(II) 
ANALYSIS
OF
HOUSING 
STOCK
LIMITATION.—The 
Secretary 
shall include in the initial report sub-
mitted under subclause (I) a descrip-
tion of— 
‘‘(aa) any regulations gov-
erning the use of formula current 
assisted stock (as defined in sec-
tion 1000.314 of title 24, Code of 
Federal Regulations (or any suc-
cessor regulation)) within the Pro-
gram; 
‘‘(bb) the number of recipi-
ents of grants under the Program 
that have reported the regulations 
described in item (aa) as a bar-
rier to implementation of the Pro-
gram; and 
‘‘(cc) 
proposed 
alternative 
legislation or regulations devel-
oped by the Secretary in consulta-
tion with recipients of grants
2012 
† HR 2670 EAS 
under the Program to allow the 
use of formula current assisted 
stock within the Program.’’. 
SEC. 11021. CONTINUUM OF CARE. 
(a) DEFINITIONS.—In this section— 
(1) the terms ‘‘collaborative applicant’’ and ‘‘eli-
gible entity’’ have the meanings given those terms in 
section 401 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11360); and 
(2) the terms ‘‘Indian tribe’’ and ‘‘tribally des-
ignated housing entity’’ have the meanings given 
those terms in section 4 of the Native American Hous-
ing Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4103). 
(b) NONAPPLICATION OF CIVIL RIGHTS LAWS.—With 
respect to the funds made available for the Continuum of 
Care program authorized under subtitle C of title IV of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 
et seq.) under the heading ‘‘Homeless Assistance Grants’’ 
in the Department of Housing and Urban Development Ap-
propriations Act, 2021 (Public Law 116–260) and under 
section 231 of the Department of Housing and Urban Devel-
opment Appropriations Act, 2020 (42 U.S.C. 11364a), title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
and title VIII of the Civil Rights Act of 1968 (42 U.S.C.
2013 
† HR 2670 EAS 
3601 et seq.) shall not apply to applications by or awards 
for projects to be carried out— 
(1) on or off reservation or trust lands for 
awards made to Indian tribes or tribally designated 
housing entities; or 
(2) on reservation or trust lands for awards 
made to eligible entities. 
(c) CERTIFICATION.—With respect to funds made 
available for the Continuum of Care program authorized 
under subtitle C of title IV of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11381 et seq.) under the heading 
‘‘Homeless Assistance Grants’’ under section 231 of the De-
partment of Housing and Urban Development Appropria-
tions Act, 2020 (42 U.S.C. 11364a)— 
(1) applications for projects to be carried out on 
reservations or trust land shall contain a certification 
of consistency with an approved Indian housing plan 
developed under section 102 of the Native American 
Housing Assistance and Self-Determination Act (25 
U.S.C. 4112), notwithstanding section 106 of the 
Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12706) and section 403 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11361); 
(2) Indian tribes and tribally designated housing 
entities that are recipients of awards for projects on
2014 
† HR 2670 EAS 
reservations or trust land shall certify that they are 
following an approved housing plan developed under 
section 102 of the Native American Housing Assist-
ance and Self-Determination Act (25 U.S.C. 4112); 
and 
(3) a collaborative applicant for a Continuum of 
Care whose geographic area includes only reservation 
and trust land is not required to meet the require-
ment in section 402(f)(2) of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11360a(f)(2)). 
SEC. 11022. LEVERAGING. 
All funds provided under a grant made pursuant to 
this division or the amendments made by this division may 
be used for purposes of meeting matching or cost participa-
tion requirements under any other Federal housing pro-
gram, provided that such grants made pursuant to the Na-
tive American Housing Assistance and Self-Determination 
Act of 1996 (25 U.S.C. 4101 et seq.) are spent in accordance 
with that Act.
2015 
† HR 2670 EAS 
DIVISION K—FORT BELKNAP IN-
DIAN 
COMMUNITY 
WATER 
RIGHTS SETTLEMENT ACT OF 
2023 
SEC. 11001. SHORT TITLE. 
This division may be cited as the ‘‘Fort Belknap In-
dian Community Water Rights Settlement Act of 2023’’. 
SEC. 11002. PURPOSES. 
The purposes of this division 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 
(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 division; 
(3) to authorize and direct the Secretary— 
(A) to execute the Compact; and
2016 
† HR 2670 EAS 
(B) to take any other actions necessary to 
carry out the Compact in accordance with this 
division; 
(4) to authorize funds necessary for the imple-
mentation of the Compact and this division; and 
(5) to authorize the exchange and transfer of cer-
tain Federal and State land. 
SEC. 11003. DEFINITIONS. 
In this division: 
(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. 
(2) BLACKFEET
TRIBE.—The term ‘‘Blackfeet 
Tribe’’ means the Blackfeet Tribe of the Blackfeet In-
dian 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 ‘‘Commissioner’’ 
means the Commissioner of Reclamation. 
(5) COMPACT.—The term ‘‘Compact’’ means—
2017 
† HR 2670 EAS 
(A) the Fort Belknap-Montana water rights 
compact dated April 16, 2001, as contained in 
section 85–20–1001 of the Montana Code Anno-
tated (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 division. 
(6) ENFORCEABILITY DATE.—The term ‘‘enforce-
ability date’’ means the date described in section 
11011(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-
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.—
2018 
† HR 2670 EAS 
(A) IN GENERAL.—The term ‘‘Fort Belknap 
Indian Irrigation Project’’ means the Federal 
Indian irrigation project constructed and oper-
ated 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 division, including 
expansion of the Fort Belknap Indian Irrigation 
Project, the Pumping Plant, delivery Pipe and 
Canal, the Fort Belknap Reservoir and Dam, 
and the Peoples Creek Flood Protection Project. 
(10) IMPLEMENTATION FUND.—The term ‘‘Imple-
mentation Fund’’ means the Fort Belknap Indian 
Community Water Settlement Implementation Fund 
established by section 11013(a). 
(11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the In-
dian 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
2019 
† HR 2670 EAS 
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 Decem-
ber 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 corpora-
tion— 
(A) created on December 28, 1923, pursuant 
to the laws of the State relating to irrigation dis-
tricts; and 
(B) headquartered in Malta, Montana. 
(14) MILK
RIVER.—The term ‘‘Milk River’’ 
means the mainstem of the Milk River and each trib-
utary 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 Saskatch-
ewan. 
(15) MILK RIVER PROJECT.—
2020 
† HR 2670 EAS 
(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), com-
mencing at Lake Sherburne Reservoir and pro-
viding water to a point approximately 6 miles 
east of Nashua, Montana. 
(B) INCLUSIONS.—The term ‘‘Milk River 
Project’’ includes— 
(i) the St. Mary Unit; 
(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 Bureau 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 regu-
lation).
2021 
† HR 2670 EAS 
(18) OPERATIONS, MAINTENANCE, AND REPLACE-
MENT.—The term ‘‘operations, maintenance, and re-
placement’’ 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 
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 Prin-
cipal Meridian, Montana. 
(21) RESERVATION.— 
(A) IN GENERAL.—The term ‘‘Reservation’’ 
means the area of the Fort Belknap Reservation 
in the State, as modified by this division. 
(B) INCLUSIONS.—The term ‘‘Reservation’’ 
includes— 
(i) all land and interests in land estab-
lished by—
2022 
† HR 2670 EAS 
(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 Agree-
ment 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); 
(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 11006. 
(22) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(23) ST. MARY UNIT.—
2023 
† HR 2670 EAS 
(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; 
(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 sec-
tion 11005(g). 
(26) TRIBAL WATER RIGHTS.—The term ‘‘Tribal 
water rights’’ means the water rights of the Fort 
Belknap Indian Community, as described in Article 
III of the Compact and this division, including the 
allocation of water to the Fort Belknap Indian Com-
munity from Lake Elwell under section 11007.
2024 
† HR 2670 EAS 
(27) TRUST
FUND.—The term ‘‘Trust Fund’’ 
means the Aaniiih Nakoda Settlement Trust Fund es-
tablished for the Fort Belknap Indian Community 
under section 11012(a). 
SEC. 11004. RATIFICATION OF COMPACT. 
(a) RATIFICATION OF COMPACT.— 
(1) IN GENERAL.—As modified by this division, 
the Compact is authorized, ratified, and confirmed. 
(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 division. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent that the Com-
pact does not conflict with this division, 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 division 
precludes the Secretary from approving any modifica-
tion to an appendix to the Compact that is consistent 
with this division, to the extent that the modification 
does not otherwise require congressional approval 
under section 2116 of the Revised Statutes (25 U.S.C. 
177) or any other applicable provision of Federal law.
2025 
† HR 2670 EAS 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Compact 
and this division, the Secretary shall comply with all 
applicable provisions of— 
(A) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(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 division, the Fort Belknap In-
dian Community shall prepare any necessary 
environmental documents, except for any envi-
ronmental documents required under section 
11008, 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.), includ-
ing the implementing regulations of that 
Act; and
2026 
† HR 2670 EAS 
(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 
(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 purposes 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. 11005. TRIBAL WATER RIGHTS. 
(a) CONFIRMATION OF TRIBAL WATER RIGHTS.—
2027 
† HR 2670 EAS 
(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 division. 
(3) CONFLICT.—In the event of a conflict between 
the Compact and this division, this division shall 
control. 
(b) INTENT OF CONGRESS.—It is the intent of Congress 
to provide to each allottee benefits that are equivalent to, 
or exceed, the benefits the allottees possess on the day before 
the date of enactment of this division, taking into consider-
ation— 
(1) the potential risks, cost, and time delay asso-
ciated with litigation that would be resolved by the 
Compact and this division; 
(2) the availability of funding under this divi-
sion 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 division to protect the interests 
of allottees.
2028 
† HR 2670 EAS 
(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 Com-
munity and allottees in accordance with this division; 
and 
(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 Feb-
ruary 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 
381), relating to the use of water for irrigation pur-
poses, shall apply to the Tribal water rights. 
(2) ENTITLEMENT TO WATER.—Any entitlement 
to water of an allottee under Federal law shall be sat-
isfied 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
2029 
† HR 2670 EAS 
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 exhaus-
tion of all remedies available under the Tribal 
water code or other applicable Tribal law, an al-
lottee 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 applicable 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 COM-
MUNITY.— 
(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 
division, 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 division, and ap-
plicable Federal law—
2030 
† HR 2670 EAS 
(A) subject to the approval of the Secretary; 
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 in-
terest in land held by the allottee, together with any 
water right determined to be appurtenant to the in-
terest 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, ap-
proved by the Secretary under this subsection; 
(B) is in accordance with the Compact; and 
(C) does not exceed a term of 100 years, ex-
cept 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 TRIB-
AL WATER LEASING REGULATIONS.—
2031 
† HR 2670 EAS 
(A) IN GENERAL.—The Secretary shall have 
the authority to approve or disapprove any Trib-
al water leasing regulations issued in accordance 
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 regulations— 
(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 Commu-
nity; and 
(bb) the Fort Belknap Indian 
Community provides responses to 
relevant and substantive public
2032 
† HR 2670 EAS 
comments on those impacts prior 
to its approval of a water lease; 
and 
(ii) are consistent with this division 
and the Compact. 
(3) REVIEW PROCESS.— 
(A) IN GENERAL.—Not later than 120 days 
after the date on which Tribal water leasing reg-
ulations under paragraph (1) are submitted to 
the Secretary, the Secretary shall review and ap-
prove or disapprove the regulations. 
(B) WRITTEN DOCUMENTATION.—If the Sec-
retary disapproves the Tribal water leasing regu-
lations described in subparagraph (A), the Sec-
retary 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 Sec-
retary, 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
2033 
† HR 2670 EAS 
activity funded by a Federal agency, the Fort 
Belknap Indian Community— 
(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, including 
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 nego-
tiation, execution, or approval of any lease or ex-
change agreement or storage agreement, includ-
ing any claims relating to the terms included in 
such an agreement, made pursuant to Tribal 
water leasing regulations under paragraph (1). 
(B) OBLIGATIONS.—The United States shall 
have no trust obligation or other obligation to 
monitor, administer, or account for—
2034 
† HR 2670 EAS 
(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 section 
11011(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 division; 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 
division. 
(2) INCLUSIONS.—Subject to the approval of the 
Secretary, the Tribal water code shall provide—
2035 
† HR 2670 EAS 
(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 division, 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 avail-
2036 
† HR 2670 EAS 
able to the allottee under Tribal law before initi-
ating an action against the United States or pe-
titioning the Secretary pursuant to subsection 
(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 con-
trolled Groundwater area and for the manage-
ment of that area in cooperation with establish-
ment of a contiguous controlled Groundwater 
area off the Reservation established pursuant to 
Section B.2. of Article IV of the Compact and 
State law. 
(3) ACTION BY SECRETARY.— 
(A) IN GENERAL.—During the period begin-
ning 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 enacted, 
the Secretary shall administer, with respect to 
the rights of allottees, the Tribal water rights in 
accordance with the Compact and this division.
2037 
† HR 2670 EAS 
(B) APPROVAL.—The Tribal water code de-
scribed in paragraphs (1) and (2) shall not be 
valid unless— 
(i) the provisions of the Tribal water 
code required by paragraph (2) are ap-
proved by the Secretary; and 
(ii) each amendment to the Tribal 
water code that affects a right of an allottee 
is approved by the Secretary. 
(C) APPROVAL PERIOD.— 
(i) IN GENERAL.—The Secretary shall 
approve or disapprove the Tribal water code 
or an amendment to the Tribal water code 
by not later than 180 days after the date on 
which the Tribal water code or amendment 
to the Tribal water code is submitted to the 
Secretary. 
(ii) EXTENSIONS.—The deadline de-
scribed in clause (i) may be extended by the 
Secretary, after consultation with the Fort 
Belknap Indian Community. 
(h) ADMINISTRATION.— 
(1) NO ALIENATION.—The Fort Belknap Indian 
Community shall not permanently alienate any por-
tion of the Tribal water rights.
2038 
† HR 2670 EAS 
(2) PURCHASES OR GRANTS OF LAND FROM INDI-
ANS.—An authorization provided by this division for 
the allocation, distribution, leasing, or other arrange-
ment entered into pursuant to this division 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, aban-
donment, 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 division— 
(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
2039 
† HR 2670 EAS 
Pick-Sloan Missouri River Basin Program irrigation 
project pumping power rates to the Fort Belknap In-
dian Community, the Fort Belknap Indian Irrigation 
Project, and any projects funded under this division. 
(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. 11006. 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 For-
est and Rangeland Resources Planning Act 
of 1974 (16 U.S.C. 1609(a)) that is admin-
2040 
† HR 2670 EAS 
istered by the Secretary of Agriculture, act-
ing through the Chief of the Forest Service. 
(B) SECRETARY
CONCERNED.—The term 
‘‘Secretary concerned’’ means, as applicable— 
(i) the Secretary, with respect to the el-
igible land administered by the Bureau of 
Land Management; and 
(ii) the Secretary of Agriculture, with 
respect to eligible land managed by the For-
est Service. 
(2) NEGOTIATIONS AUTHORIZED.— 
(A) IN GENERAL.—The Secretary concerned 
shall offer to enter into negotiations with the 
State for the purpose of exchanging eligible land 
described in paragraph (4) for the State land de-
scribed 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 Secretary 
of Agriculture shall, during the 5-year pe-
riod beginning on the date of enactment of
2041 
† HR 2670 EAS 
this Act, give priority to an exchange of eli-
gible 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 lim-
ited to negotiating with the State an accept-
able 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. 
(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.
2042 
† HR 2670 EAS 
(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. 
(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 in-
dividuals 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.
2043 
† HR 2670 EAS 
(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. 
(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 in-
dividuals 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
2044 
† HR 2670 EAS 
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. 
(KK) 640 acres in T. 25 N., R. 22 E., sec. 
16. 
(4) ELIGIBLE LAND.— 
(A) IN GENERAL.—Subject to valid existing 
rights, the reservation of easements or rights-of- 
way deemed necessary to be retained by the Sec-
retary concerned, and the requirements of this 
subsection, the Secretary is authorized and di-
rected 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 concerned 
shall exclude from any conveyance any parcel of 
eligible land that is—
2045 
† HR 2670 EAS 
(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. 
7202(a)), without regard to whether that 
land has been identified as available for dis-
posal 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 Research 
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 con-
veyance of the eligible land. 
(5) LAND INTO TRUST.—On completion of the 
land exchange authorized by this subsection, the Sec-
retary shall, as soon as practicable after the enforce-
ability date, take the land received by the United 
States pursuant to this subsection into trust for the 
benefit of the Fort Belknap Indian Community.
2046 
† HR 2670 EAS 
(6) TERMS AND CONDITIONS.— 
(A) EQUAL VALUE.—The values of the eligi-
ble land and State land exchanged under this 
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 paragraph 
(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—
2047 
† HR 2670 EAS 
(i) consider the financial impacts of 
exchanging specific eligible land on local 
governments; and 
(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, per-
mits, and rights-of-way, unless the 
holder of the right, contract, lease, per-
mit, or right-of-way requests an earlier 
termination in accordance with exist-
ing law. 
(II) ASSUMPTION BY STATE.—The 
State shall assume all benefits and ob-
ligations of the Forest Service or the 
Bureau of Land Management, as ap-
plicable, under the existing rights, con-
tracts, leases, permits, and rights-of- 
way described in subclause (I).
2048 
† HR 2670 EAS 
(ii) STATE LAND CONVEYED TO THE 
UNITED STATES.— 
(I) IN GENERAL.—Any State land 
conveyed to the United States under 
this subsection and taken into trust for 
the benefit of the Fort Belknap Indian 
Community subject shall be to any 
valid existing rights, contracts, leases, 
permits, and rights-of-way, unless the 
holder of the right, contract, lease, per-
mit, or right-of-way requests an earlier 
termination in accordance with exist-
ing law. 
(II) ASSUMPTION BY BUREAU OF 
INDIAN AFFAIRS.—The Bureau of In-
dian 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 
(bb) disburse to the Fort 
Belknap Indian Community any 
amounts that accrue to the United 
States from those rights, contracts,
2049 
† HR 2670 EAS 
leases, permits, and rights-of-way, 
after the date of transfer from any 
sale, bonus, royalty, or rental re-
lating 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-of-way 
expires, unless the Fort Belknap In-
dian Community and the holder agree 
otherwise. 
(ii) REMAINING PROPERTY.—Any per-
sonal property described in clause (i) re-
2050 
† HR 2670 EAS 
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 dis-
position 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.—Notwithstanding 
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 land descrip-
tions 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 sat-
2051 
† HR 2670 EAS 
isfy administrative requirements, necessary to accom-
plish 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. 
(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;
2052 
† HR 2670 EAS 
(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. 
(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.
2053 
† HR 2670 EAS 
(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 
(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
2054 
† HR 2670 EAS 
(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. 
(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;
2055 
† HR 2670 EAS 
(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; 
(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
2056 
† HR 2670 EAS 
(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. 
(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—
2057 
† HR 2670 EAS 
(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; 
(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—
2058 
† HR 2670 EAS 
(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. 
(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
2059 
† HR 2670 EAS 
(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— 
(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.
2060 
† HR 2670 EAS 
(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. 
(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—
2061 
† HR 2670 EAS 
(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 par-
cels of approximately 3,519.3 acres of trust land 
that have been converted to fee land, judicially 
foreclosed on, acquired by the Department of Ag-
riculture, and transferred to the Bureau of In-
dian 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— 
(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.
2062 
† HR 2670 EAS 
(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; 
(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;
2063 
† HR 2670 EAS 
(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, in-
cluding— 
(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, in-
cluding— 
(aa) 39.4 acres in sec. 3, lot 
2; 
(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
2064 
† HR 2670 EAS 
(V) 40 acres in T. 31 N., R. 26 
E., PMM, the NW1⁄4 of the SE1⁄4 of sec. 
31. 
(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-of- 
way requests an earlier termination in ac-
cordance with existing law. 
(ii) ASSUMPTION BY BUREAU OF IN-
DIAN AFFAIRS.—The Bureau of Indian Af-
fairs shall— 
(I) assume all benefits and obliga-
tions of the previous land management 
agency under the existing rights, con-
tracts, 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, permits, and
2065 
† HR 2670 EAS 
rights-of-ways after the date of transfer 
from any sale, bonus, royalty, or rental 
relating to that land in the same man-
ner 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- 
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
2066 
† HR 2670 EAS 
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 dis-
position 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-
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 ex-
pense of the landowner. 
(D) LIMITATION
ON
THE
TRANSFER
OF 
WATER RIGHTS.—Water rights that transfer with 
the land described in paragraph (2) shall not be-
come part of the Tribal water rights, unless those
2067 
† HR 2670 EAS 
rights are recognized and ratified in the Com-
pact. 
(4) WITHDRAWAL OF FEDERAL LAND.— 
(A) IN GENERAL.—Subject to valid existing 
rights, effective on the date of enactment of this 
Act, all Federal land within the parcels described 
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 
(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 Com-
munity 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-
2068 
† HR 2670 EAS 
munity with respect to any water or water right 
on the land withdrawn by this paragraph. 
(5) TECHNICAL CORRECTIONS.—Notwithstanding 
the descriptions of the parcels of Federal land in 
paragraph (2), the United States may, with the con-
sent of the Fort Belknap Indian Community, make 
technical corrections to the legal land descriptions 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 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 pro-
vide such financial or other assistance as may be 
necessary— 
(i) to conduct additional surveys under 
this subsection; and
2069 
† HR 2670 EAS 
(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 Com-
munity all fee land owned by the Fort Belknap Indian 
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
2070 
† HR 2670 EAS 
taken into trust by the United States for the benefit 
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 as-
signs for— 
(A) the right of ingress and egress for Milk 
River Project purposes; 
(B) the right to— 
(i) seep, flood, and overflow the trans-
ferred land for Milk River Project purposes; 
(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
2071 
† HR 2670 EAS 
(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 enactment 
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 facili-
ties, including the Dodson Diversion Dam, 
headworks to the Dodson South Canal, and 
Dodson South Canal, are located, and more par-
ticularly described as follows: 
(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.
2072 
† HR 2670 EAS 
(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 sub-
paragraph (A) are official plats, as documented 
by retracement boundary surveys of the General 
Land Office, approved on March 11, 1938, and 
on record at the Bureau of Land Management. 
(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 In-
dian 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 Bureau of 
Reclamation, the Malta Irrigation District, the Bu-
reau of Indian Affairs, and the Fort Belknap Indian 
Community shall negotiate and enter into a coopera-
tive agreement that identifies the uses to which the 
Fort Belknap Indian Community may put the land 
described in paragraph (3), provided that the cooper-
2073 
† HR 2670 EAS 
ative agreement may be amended by mutual agree-
ment of the Fort Belknap Indian Community, Bu-
reau of Reclamation, the Malta Irrigation District, 
and the Bureau of Indian Affairs, including to mod-
ify the perpetual easement to narrow the boundaries 
of the easement or to terminate the perpetual ease-
ment and cooperative agreement. 
(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. 11007. 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 pur-
pose on or off the Reservation, under a water right held 
by the United States and managed by the Bureau of Rec-
lamation for the benefit of the Fort Belknap Indian Com-
2074 
† HR 2670 EAS 
munity, 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) 
shall be considered to be part of the Tribal water 
rights. 
(2) PRIORITY DATE.—The priority date of the al-
location 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 Indian 
Community shall administer the water allocated 
under subsection (a) in accordance with the Compact 
and this division. 
(c) ALLOCATION AGREEMENT.— 
(1) IN GENERAL.—As a condition of receiving 
the allocation under this section, the Fort Belknap In-
dian Community shall enter into an agreement with 
the Secretary to establish the terms and conditions of 
the allocation, in accordance with the Compact and 
this division.
2075 
† HR 2670 EAS 
(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 Indian 
Community under any lease, contract, exchange, 
or agreement entered into by the Fort Belknap 
Indian Community pursuant to subsection (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 Indian 
Community shall have the same storage rights as
2076 
† HR 2670 EAS 
other storage contractors with respect to the allo-
cation 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; 
(F) no water service capital charge shall be 
due or payable for any water allocated to the 
Fort Belknap Indian Community under this sec-
tion 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 transferred for in-
dustrial purposes as described in subparagraph 
(H); and
2077 
† HR 2670 EAS 
(H) for each acre-foot of stored water leased 
or transferred by the Fort Belknap Indian Com-
munity 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 operations, 
maintenance, and replacement costs allo-
cable 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
2078 
† HR 2670 EAS 
(2) the agreement does not permanently alienate 
any water allocated to the Fort Belknap Indian Com-
munity 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. 
(g) DEVELOPMENT
AND
DELIVERY
COSTS.—The 
United States shall not be required to pay the cost of devel-
oping or delivering any water allocated under this section. 
SEC. 11008. MILK RIVER PROJECT MITIGATION. 
(a) IN GENERAL.—In complete satisfaction of the Milk 
River Project mitigation requirements provided for in Arti-
cle VI.B. of the Compact, the Secretary, acting through the 
Commissioner— 
(1) in cooperation with the State and the Black-
feet Tribe, shall carry out appropriate activities con-
cerning the restoration of the St. Mary Canal and as-
sociated 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
2079 
† HR 2670 EAS 
(B) rehabilitating, constructing, and repair-
ing of the St. Mary Canal and appurtenances; 
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— 
(A) planning and design to enlarge Dodson 
South Canal and headworks at the upstream end 
of Dodson South Canal to divert and convey 700 
cubic-feet per second; and 
(B) rehabilitating, constructing, and enlarg-
ing the Dodson South Canal and headworks at 
the upstream end of Dodson South Canal to di-
vert 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 11014(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 mitiga-
tion required by Article VI.B. of the Compact shall be 
deemed satisfied if— 
(1) the Secretary has—
2080 
† HR 2670 EAS 
(A) restored the St. Mary Canal and associ-
ated 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; or 
(2) the Secretary— 
(A) has expended all of the available fund-
ing provided pursuant to section 11014(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 nonreimburs-
able. 
SEC. 11009. FORT BELKNAP INDIAN IRRIGATION PROJECT 
SYSTEM. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary shall rehabilitate, modernize, and 
expand the Fort Belknap Indian Irrigation Project, as gen-
erally described in the document of Natural Resources Con-
sulting Engineers, Inc., entitled ‘‘Fort Belknap Indian
2081 
† HR 2670 EAS 
Community Comprehensive Water Development Plan’’ and 
dated February 2019, which shall include— 
(1) planning, studies, and designing of the exist-
ing and expanded Milk River unit, including the irri-
gation system, 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 unit, 
including the irrigation system, Pumping Plant, de-
livery pipe and canal, Fort Belknap Dam and Res-
ervoir, and Peoples Creek Flood Protection Project. 
(b) LEAD AGENCY.—The Bureau of Indian Affairs, in 
coordination with the Bureau of Reclamation, shall serve 
as the lead agency with respect to any activities carried 
out under this section. 
(c) CONSULTATION WITH THE FORT BELKNAP INDIAN 
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 11014(b), shall 
not exceed $415,832,153.
2082 
† HR 2670 EAS 
(e) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(f) ADMINISTRATION.—The Secretary and the Fort 
Belknap Indian Community shall negotiate the cost of any 
oversight activity carried out by the Bureau of Indian Af-
fairs or the Bureau of Reclamation under any agreement 
entered into under subsection (j), subject to the condition 
that the total cost for the oversight shall not exceed 3 percent 
of the total project costs for each project. 
(g) PROJECT MANAGEMENT COMMITTEE.—Not later 
than 1 year after the date of enactment of this Act, the Sec-
retary shall facilitate the formation of a project manage-
ment committee composed of representatives of the Bureau 
of Indian Affairs, the Bureau of Reclamation, and the Fort 
Belknap Indian Community— 
(1) to review and make recommendations relat-
ing to cost factors, budgets, and implementing the ac-
tivities for rehabilitating, modernizing, and expand-
ing the Fort Belknap Indian Irrigation Project; and 
(2) to improve management of inherently govern-
mental activities through enhanced communication. 
(h) PROJECT EFFICIENCIES.—If the total cost of plan-
ning, studies, design, rehabilitation, modernization, and 
construction activities relating to the projects described in
2083 
† HR 2670 EAS 
subsection (a) results in cost savings and is less than the 
amounts authorized to be obligated, the Secretary, at the 
request of the Fort Belknap Indian Community, shall de-
posit those savings in the Fort Belknap Indian Community 
Water Resources and Water Rights Administration, Oper-
ation, and Maintenance Account established under section 
11012(b)(2). 
(i) TREATMENT.—Any activities carried out pursuant 
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 Ir-
rigation Project; and 
(2) be recorded in the inventory of the Secretary 
relating to the Fort Belknap Indian Irrigation 
Project. 
(j) APPLICABILITY OF ISDEAA.—At the request of the 
Fort Belknap Indian Community, and in accordance with 
the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into 
agreements with the Fort Belknap Indian Community to 
carry out all or a portion of this section. 
(k) EFFECT.—Nothing in this section— 
(1) alters any applicable law under which the 
Bureau of Indian Affairs collects assessments or car-
2084 
† HR 2670 EAS 
ries out the operations and maintenance of the Fort 
Belknap Indian Irrigation Project; or 
(2) impacts the availability of amounts under 
section 11014. 
(l) SATISFACTION OF FORT BELKNAP INDIAN IRRIGA-
TION PROJECT SYSTEM REQUIREMENT.—The obligations of 
the Secretary under subsection (a) shall be deemed satisfied 
if the Secretary— 
(1) has rehabilitated, modernized, and expanded 
the Fort Belknap Indian Irrigation Project in accord-
ance with subsection (a); or 
(2)(A) has expended all of the available funding 
provided 
pursuant 
to 
paragraphs 
(1)(C) 
and 
(2)(A)(iv) of section 11014(a); and 
(B) despite diligent efforts, could not complete 
the activities described in subsection (a). 
SEC. 11010. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits provided under this di-
vision 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 that 
is waived and released by the Fort Belknap Indian Commu-
nity under section 11011(a).
2085 
† HR 2670 EAS 
(b) ALLOTTEES.—The benefits realized by the allottees 
under this division 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 11011(a)(2); and 
(2) any claims of the allottees against the United 
States similar to the claims described in section 
11011(a)(2) that the allottee asserted or could have 
asserted. 
SEC. 11011. 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 INDIAN 
COMMUNITY.—Subject to the reservation of rights and 
retention of claims under subsection (d), as consider-
ation for recognition of the Tribal water rights and 
other benefits described in the Compact and this divi-
sion, the Fort Belknap Indian Community, acting on 
behalf of the Fort Belknap Indian Community and 
members of the Fort Belknap Indian Community (but 
not any member of the Fort Belknap Indian Commu-
nity as an allottee), and the United States, acting as 
trustee for the Fort Belknap Indian Community and
2086 
† HR 2670 EAS 
the 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 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, ex-
cept to the extent that such rights are recognized in 
the Compact and this division. 
(2) WAIVER AND RELEASE OF CLAIMS BY THE 
UNITED STATES AS TRUSTEE FOR ALLOTTEES.—Sub-
ject to the reservation of rights and the retention of 
claims under subsection (d), as consideration for rec-
ognition of the Tribal water rights and other benefits 
described in the Compact and this division, 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 State 
stream adjudication, on or before the enforceability 
date, except to the extent that such rights are recog-
nized in the Compact and this division.
2087 
† HR 2670 EAS 
(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 behalf of the 
Fort Belknap Indian Community and 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 
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 division; 
(ii) foregone benefits from nontribal 
use of water, on and off the Reservation (in-
cluding water from all sources and for all 
uses);
2088 
† HR 2670 EAS 
(iii) damage, loss, or injury to water, 
water rights, land, or natural resources due 
to loss of water or water rights, including 
damages, losses, or injuries to hunting, fish-
ing, gathering, or cultural rights due to loss 
of water or water rights, claims relating to 
interference with, diversion of, or taking of 
water, or claims relating to a failure to pro-
tect, acquire, replace, or develop water, 
water rights, or water infrastructure) with-
in the State; 
(iv) a failure to establish or provide a 
municipal rural or industrial water deliv-
ery system on the Reservation; 
(v) damage, loss, or injury to water, 
water rights, land, or natural resources due 
to construction, operation, and management 
of the Fort Belknap Indian Irrigation 
Project and other Federal land and facili-
ties (including damages, losses, or injuries 
to Tribal fisheries, fish habitat, wildlife, 
and wildlife habitat); 
(vi) a failure to provide for operation 
and maintenance, or deferred maintenance, 
for the Fort Belknap Indian Irrigation
2089 
† HR 2670 EAS 
Project or any other irrigation system or ir-
rigation 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 division; 
(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 Irrigation 
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 
(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 hunting, 
fishing, gathering, or cultural rights.
2090 
† HR 2670 EAS 
(b) EFFECTIVENESS.—The waivers and releases under 
subsection (a) shall take effect on the enforceability date. 
(c) OBJECTIONS IN MONTANA WATER COURT.—Noth-
ing in this division 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, acting 
on behalf of the Fort Belknap Indian Community and mem-
bers 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— 
(A) the enforcement of water rights recog-
nized under the Compact, any final court decree 
relating to those water rights, or this division 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;
2091 
† HR 2670 EAS 
(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; 
(2) all claims relating to off-Reservation hunting 
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 Black-
2092 
† HR 2670 EAS 
feet Tribe, pursuant to section 3705(e)(3) of the 
Blackfeet Water Rights Settlement Act (Public Law 
114–322; 130 Stat. 1818); 
(5) all claims relating to the enforcement of this 
division, including the required transfer of land 
under section 11006; and 
(6) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this division or the Compact. 
(e) EFFECT OF COMPACT AND DIVISION.—Nothing in 
the Compact or this division— 
(1) affects the authority of the Fort Belknap In-
dian Community to enforce the laws of the Fort 
Belknap Indian Community, including with respect 
to environmental protections; 
(2) affects the ability of the United States, acting 
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);
2093 
† HR 2670 EAS 
(3) affects the ability of the United States to act 
as trustee for any other Indian Tribe or an allottee 
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 capac-
ity that does not derive from a right of the Fort 
Belknap Indian Community; 
(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—
2094 
† HR 2670 EAS 
(1) the eligible members of the Fort Belknap In-
dian Community have voted to approve this division 
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 consent 
decree from which no further appeal may be taken; 
(3) all of the amounts authorized to be appro-
priated under section 11014 have been appropriated 
and deposited in the designated accounts; 
(4) the Secretary and the Fort Belknap Indian 
Community have executed the allocation agreement 
described in section 11007(c)(1); 
(5) the State has provided the required funding 
into the Fort Belknap Indian Community Tribal Ir-
rigation and Other Water Resources Development Ac-
count of the Trust Fund pursuant to section 
11014(a)(3); and 
(6) the waivers and releases under subsection (a) 
have been executed by the Fort Belknap Indian Com-
munity and the Secretary.
2095 
† HR 2670 EAS 
(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 division shall expire in 
any case in which— 
(A) the amounts authorized to be appro-
priated by this division have not been made 
available 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 Com-
munity 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
2096 
† HR 2670 EAS 
(ii) such alternative later date as is 
agreed to by the Fort Belknap Indian Com-
munity and the Secretary, after providing 
reasonable notice to the State. 
(2) CONSEQUENCES.—If this division 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 11004 shall no longer be effective; 
(C) any action carried out by the Secretary, 
and any contract or agreement entered into, pur-
suant to this division shall be void; 
(D) any unexpended Federal funds appro-
priated or made available to carry out the ac-
tivities authorized by this division, 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 divi-
sion shall be returned to the Federal Govern-
2097 
† HR 2670 EAS 
ment, 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 acquire 
or construct property that is returned to the Fed-
eral Government under subparagraph (D), the 
United States shall be entitled to offset any Fed-
eral funds made available to carry out this divi-
sion that were expended or withdrawn, or any 
funds made available to carry out this division 
from other Federal authorized sources, together 
with any interest accrued on those funds, against 
any claims against the United States— 
(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.
2098 
† HR 2670 EAS 
SEC. 11012. 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, withdrawn, or re-
verted to the general fund of the Treasury, consisting of the 
amounts deposited in the Trust Fund under subsection (c), 
together with any investment earnings, including interest, 
earned on those amounts, for the purpose of carrying out 
this division. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Trust Fund the following accounts: 
(1) The Fort Belknap Indian Community Tribal 
Irrigation and Other Water Resources Development 
Account. 
(2) The Fort Belknap Indian Community Water 
Resources and Water Rights Administration, Oper-
ation, 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),
2099 
† HR 2670 EAS 
the amounts made available pursuant to paragraphs 
(1)(A) and (2)(A)(i) of section 11014(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 11014(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 pursu-
ant to paragraphs (1)(B) and (2)(A)(iii) of section 
11014(a). 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
the funds into the accounts in the Trust Fund pursu-
ant to subsection (c), the Secretary shall manage, in-
vest, and distribute all amounts in the Trust Fund in 
accordance with the investment authority of the Sec-
retary 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
2100 
† HR 2670 EAS 
(C) this section. 
(2) INVESTMENT EARNINGS.—In addition to the 
amounts deposited under subsection (c), any invest-
ment 
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— 
(A) to the Fort Belknap Indian Community 
by the Secretary beginning on the enforceability 
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
2101 
† HR 2670 EAS 
described in subparagraph (A) and (B) of sub-
section (g)(1); 
(B) amounts deposited in the Fort Belknap 
Indian Community Water Resources and Water 
Rights Administration, Operation, and Mainte-
nance 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 11011(f)(1), for the uses de-
scribed in subsection (g)(2)(A); and 
(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
2102 
† HR 2670 EAS 
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 
amounts withdrawn from the Trust Fund, and 
any investment earnings accrued through the in-
vestments under the Tribal management plan, in 
accordance with this division. 
(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
2103 
† HR 2670 EAS 
Indian Community under this paragraph 
are used in accordance with this division. 
(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 ap-
proval an expenditure plan for any portion of 
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 division. 
(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 In-
dian Community in accordance with subsections 
(e) and (g).
2104 
† HR 2670 EAS 
(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 division. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be necessary 
to enforce an expenditure plan under this para-
graph to ensure that amounts disbursed under 
this paragraph are used in accordance with this 
division. 
(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 In-
dian Community Tribal Irrigation and Other Water 
Resources Development Account established under 
subsection (b)(1) shall be used to pay the cost of ac-
tivities relating to—
2105 
† HR 2670 EAS 
(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 gen-
erally described in the document of Natural Re-
sources Consulting Engineers, Inc., entitled 
‘‘Fort Belknap Indian Community Comprehen-
sive Water Development Plan’’ and dated Feb-
ruary 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; 
(E) stock watering infrastructure; and 
(F) on farm development support and reac-
quisition of fee lands within the Fort Belknap 
Indian Irrigation Project and Fort Belknap In-
dian Community irrigation projects within the 
Reservation. 
(2) FORT BELKNAP INDIAN COMMUNITY WATER 
RESOURCES
AND
WATER
RIGHTS
ADMINISTRATION, 
OPERATION, AND MAINTENANCE ACCOUNT.—Amounts 
in the Fort Belknap Indian Community Water Re-
2106 
† HR 2670 EAS 
sources and Water Rights Administration, Operation, 
and Maintenance Account established under sub-
section (b)(2), the principal and investment earnings, 
including interest, may only be used by the Fort 
Belknap Indian Community to pay the costs of ac-
tivities 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 admin-
istration, operations, and regulation of the Trib-
al water resources and water rights department, 
in accordance with the Compact and this divi-
sion. 
(C) Only investment earnings, including in-
terest, on $28,331,693 shall be used and be avail-
able to pay the costs of activities relating to a 
portion of the annual assessment costs for the 
Fort Belknap Indian Community and Tribal
2107 
† HR 2670 EAS 
members, including allottees, under the Fort 
Belknap Indian Irrigation Project and Fort 
Belknap Indian Community irrigation projects 
within the Reservation. 
(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, including in-
terest, may only be used by the Fort Belknap Indian 
Community to pay the costs of activities relating to— 
(A) planning, studies, design, and environ-
mental compliance of domestic water supply, 
and sewer collection and treatment systems, as 
generally described in the document of Natural 
Resources Consulting Engineers, Inc., entitled 
‘‘Fort Belknap Indian Community Comprehen-
sive Water Development Plan’’ and dated Feb-
ruary 2019, including the Lake Elwell Project 
water delivery to the southern part of the Res-
ervation; 
(B) construction of domestic water supply, 
sewer collection, and treatment systems;
2108 
† HR 2670 EAS 
(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, environ-
mental compliance, and construction 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 subsection 
required to carry out those activities, the Secretary, at the 
request of the Fort Belknap Indian Community, shall de-
posit those savings in the Trust Fund to be used in accord-
ance with that subsection. 
(j) ANNUAL REPORT.—The Fort Belknap Indian Com-
munity shall submit to the Secretary an annual expendi-
ture report describing accomplishments and amounts spent 
from use of withdrawals under a Tribal management plan 
or an expenditure plan described in this section.
2109 
† HR 2670 EAS 
(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 In-
dian Community on a per capita basis. 
(l) EFFECT.—Nothing in this division 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 subsection (f)(1) or an ex-
penditure plan under subsection (f)(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. 11013. FORT BELKNAP INDIAN COMMUNITY WATER 
SETTLEMENT IMPLEMENTATION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a non-trust, interest-bearing 
account to be known as the ‘‘Fort Belknap Indian Commu-
nity Water Settlement Implementation Fund’’, to be man-
aged and distributed by the Secretary, for use by the Sec-
retary for carrying out this division. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Implementation Fund the following accounts: 
(1) The Fort Belknap Indian Irrigation Project 
System Account. 
(2) The Milk River Project Mitigation Account.
2110 
† HR 2670 EAS 
(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 11014(a); and 
(2) in the Milk River Project Mitigation Account 
established under subsection (b)(2), the amount made 
available pursuant to section 11014(a)(1)(D). 
(d) USES.— 
(1) FORT BELKNAP INDIAN IRRIGATION PROJECT 
SYSTEM ACCOUNT.—The Fort Belknap Indian Irriga-
tion Project Rehabilitation Account established under 
subsection (b)(1) shall be used to carry out section 
11009, except as provided in subsection (h) 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 11008. 
(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
2111 
† HR 2670 EAS 
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 
11009(a). 
(f) INTEREST.—In addition to the deposits under sub-
section (c), any interest credited to amounts unexpended in 
the Implementation Fund are authorized to be appropriated 
to be used in accordance with the uses described in sub-
section (d). 
SEC. 11014. FUNDING. 
(a) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—Sub-
ject to subsection (b), there are authorized to be ap-
propriated 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 11012(b)(1), 
$89,643,100, to be retained until expended, with-
drawn, 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
2112 
† HR 2670 EAS 
of the Trust Fund established under section 
11012(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 
11013(b)(1), such sums as are necessary, but not 
more than $187,124,469, for the Secretary to 
carry out section 11009, 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 11013(b)(2), such sums 
as 
are 
necessary, 
but 
not 
more 
than 
$300,000,000, for the Secretary to carry out obli-
gations of the Secretary under section 11008, 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—
2113 
† HR 2670 EAS 
(i) in the Fort Belknap Indian Com-
munity Tribal Irrigation and Other Water 
Resources Development Account of the Trust 
Fund established under section 11012(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 
11012(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 
11012(b)(3), 
$110,628,407; and 
(iv) in the Fort Belknap Indian Irri-
gation Project System Account of the Imple-
mentation Fund established under section 
11013(b)(1), $228,707,684.
2114 
† HR 2670 EAS 
(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, payable 
to the Secretary for deposit in the Fort Belknap In-
dian Community Tribal Irrigation and Other Water 
Resources Development Account of the Trust Fund es-
tablished under section 11012(b)(1) on approval of a 
final decree by the Montana Water Court for the pur-
pose of activities relating to the Upper Peoples Creek 
Dam and Reservoir under subparagraphs (A) through 
(C) of section 11012(g)(1). 
(b) FLUCTUATION IN COSTS.— 
(1) IN GENERAL.—The amounts authorized to be 
appropriated under paragraphs (1) and (2) of sub-
section (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 
(B) adjusted to address construction cost 
changes necessary to account for unforeseen mar-
2115 
† HR 2670 EAS 
ket volatility that may not otherwise be captured 
by engineering cost indices as determined by the 
Secretary, including repricing applicable to the 
types of construction and current industry 
standards involved. 
(2) REPETITION.—The adjustment process under 
paragraph (1) shall be repeated for each subsequent 
amount appropriated until the amount authorized 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 respect 
to the Implementation Fund, the period of ad-
justment under paragraph (1) for any increment 
of funding shall be annually. 
SEC. 11015. 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
2116 
† HR 2670 EAS 
Act, 1953 (43 U.S.C. 666), nothing in this division waives 
the sovereign immunity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this division 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 In-
dian Community and the members of the Fort Belknap In-
dian Community due to construction assessments and an-
nual operation and maintenance charges relating to the 
Fort Belknap Indian Irrigation Project. 
(d) EFFECT ON CURRENT LAW.—Nothing in this divi-
sion affects any provision of law (including regulations) in 
effect on the day before the date of enactment of this Act 
with respect to pre-enforcement review of any Federal envi-
ronmental enforcement action. 
(e) EFFECT ON RECLAMATION LAWS.—The activities 
carried out by the Commissioner under this division shall 
not establish a precedent or impact the authority provided
2117 
† HR 2670 EAS 
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 division 
prohibits the Fort Belknap Indian Community from seek-
ing— 
(1) additional funds for Tribal programs or pur-
poses; or 
(2) funding from the United States or the State 
based on the status of the Fort Belknap Indian Com-
munity as an Indian Tribe. 
(g) RIGHTS UNDER STATE LAW.—Except as provided 
in section 1 of Article III of the Compact (relating to the 
closing of certain water basins in the State to new appro-
priations in accordance with the laws of the State), nothing 
in this division or the Compact precludes the acquisition 
or exercise of a right arising under State law (as defined 
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 Community, outside the 
Reservation by— 
(1) purchase of the right; or
2118 
† HR 2670 EAS 
(2) submitting to the State an application in ac-
cordance with State law. 
(h) WATER STORAGE AND IMPORTATION.—Nothing in 
this division 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. 11016. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
division, including any obligation or activity under the 
Compact, if— 
(1) adequate appropriations are not provided by 
Congress expressly to carry out the purposes of this 
division; 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 division.
2119 
† HR 2670 EAS 
DIVISION 
L—COMMITTEE 
ON 
HOMELAND 
SECURITY 
AND 
GOVERNMENTAL AFFAIRS 
TITLE LXIX—FEDERAL DATA 
AND INFORMATION SECURITY 
Subtitle A—Federal Data Center 
Enhancement Act of 2023 
SEC. 11001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal Data Center 
Enhancement Act of 2023’’. 
SEC. 11002. FEDERAL DATA CENTER CONSOLIDATION INI-
TIATIVE AMENDMENTS. 
(a) FINDINGS.—Congress finds the following: 
(1) The statutory authorization for the Federal 
Data Center Optimization Initiative under section 
834 of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fis-
cal Year 2015 (44 U.S.C. 3601 note; Public Law 113– 
291) expired at the end of fiscal year 2022. 
(2) The expiration of the authorization described 
in paragraph (1) presents Congress with an oppor-
tunity to review the objectives of the Federal Data 
Center Optimization Initiative to ensure that the ini-
tiative is meeting the current needs of the Federal 
Government.
2120 
† HR 2670 EAS 
(3) The initial focus of the Federal Data Center 
Optimization Initiative, which was to consolidate 
data centers and create new efficiencies, has resulted 
in, since 2010— 
(A) the consolidation of more than 6,000 
Federal data centers; and 
(B) 
cost 
savings 
and 
avoidance 
of 
$5,800,000,000. 
(4) The need of the Federal Government for ac-
cess to data and data processing systems has evolved 
since the date of enactment in 2014 of subtitle D of 
title VIII of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fis-
cal Year 2015. 
(5) Federal agencies and employees involved in 
mission critical functions increasingly need reliable 
access to secure, reliable, and protected facilities to 
house mission critical data and data operations to 
meet the immediate needs of the people of the United 
States. 
(6) As of the date of enactment of this subtitle, 
there is a growing need for Federal agencies to use 
data centers and cloud applications that meet high 
standards for cybersecurity, resiliency, and avail-
ability.
2121 
† HR 2670 EAS 
(b) MINIMUM REQUIREMENTS FOR NEW DATA CEN-
TERS.—Section 834 of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113– 
291) is amended— 
(1) in subsection (a), by striking paragraphs (3) 
and (4) and inserting the following: 
‘‘(3) NEW DATA CENTER.—The term ‘new data 
center’ means— 
‘‘(A)(i) a data center or a portion thereof 
that is owned, operated, or maintained by a cov-
ered agency; or 
‘‘(ii) to the extent practicable, a data center 
or portion thereof— 
‘‘(I) that is owned, operated, or main-
tained by a contractor on behalf of a cov-
ered agency on the date on which the con-
tract between the covered agency and the 
contractor expires; and 
‘‘(II) with respect to which the covered 
agency extends the contract, or enters into 
a new contract, with the contractor; and 
‘‘(B) on or after the date that is 180 days 
after the date of enactment of the Federal Data
2122 
† HR 2670 EAS 
Center Enhancement Act of 2023, a data center 
or portion thereof that is— 
‘‘(i) established; or 
‘‘(ii) substantially upgraded or ex-
panded.’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) MINIMUM REQUIREMENTS FOR NEW DATA CEN-
TERS.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of the Federal Data Center 
Enhancement Act of 2023, the Administrator shall es-
tablish minimum requirements for new data centers 
in consultation with the Administrator of General 
Services and the Federal Chief Information Officers 
Council. 
‘‘(2) CONTENTS.— 
‘‘(A) IN GENERAL.—The minimum require-
ments established under paragraph (1) shall in-
clude requirements relating to— 
‘‘(i) the availability of new data cen-
ters; 
‘‘(ii) the use of new data centers; 
‘‘(iii) uptime percentage;
2123 
† HR 2670 EAS 
‘‘(iv) protections against power fail-
ures, including on-site energy generation 
and access to multiple transmission paths; 
‘‘(v) protections against physical in-
trusions and natural disasters; 
‘‘(vi) information security protections 
required by subchapter II of chapter 35 of 
title 44, United States Code, and other ap-
plicable law and policy; and 
‘‘(vii) any other requirements the Ad-
ministrator determines appropriate. 
‘‘(B) CONSULTATION.—In establishing the 
requirements described in subparagraph (A)(vi), 
the Administrator shall consult with the Director 
of the Cybersecurity and Infrastructure Security 
Agency and the National Cyber Director. 
‘‘(3) INCORPORATION
OF
MINIMUM
REQUIRE-
MENTS INTO CURRENT DATA CENTERS.—As soon as 
practicable, and in any case not later than 90 days 
after the Administrator establishes the minimum re-
quirements pursuant to paragraph (1), the Adminis-
trator shall issue guidance to ensure, as appropriate, 
that covered agencies incorporate the minimum re-
quirements established under that paragraph into the 
operations of any data center of a covered agency ex-
2124 
† HR 2670 EAS 
isting as of the date of enactment of the Federal Data 
Center Enhancement Act of 2023. 
‘‘(4) REVIEW OF REQUIREMENTS.—The Adminis-
trator, in consultation with the Administrator of Gen-
eral Services and the Federal Chief Information Offi-
cers Council, shall review, update, and modify the 
minimum requirements established under paragraph 
(1), as necessary. 
‘‘(5) REPORT ON NEW DATA CENTERS.—During 
the development and planning lifecycle of a new data 
center, if the head of a covered agency determines that 
the covered agency is likely to make a management or 
financial decision relating to any data center, the 
head of the covered agency shall— 
‘‘(A) notify— 
‘‘(i) the Administrator; 
‘‘(ii) Committee on Homeland Security 
and Governmental Affairs of the Senate; 
and 
‘‘(iii) Committee on Oversight and Ac-
countability of the House of Representatives; 
and 
‘‘(B) describe in the notification with suffi-
cient detail how the covered agency intends to
2125 
† HR 2670 EAS 
comply with the minimum requirements estab-
lished under paragraph (1). 
‘‘(6) USE
OF
TECHNOLOGY.—In determining 
whether to establish or continue to operate an existing 
data center, the head of a covered agency shall— 
‘‘(A) regularly assess the application port-
folio of the covered agency and ensure that each 
at-risk legacy application is updated, replaced, 
or modernized, as appropriate, to take advantage 
of modern technologies; and 
‘‘(B) prioritize and, to the greatest extent 
possible, leverage commercial cloud environments 
rather than acquiring, overseeing, or managing 
custom data center infrastructure. 
‘‘(7) PUBLIC WEBSITE.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall maintain a public-facing website that in-
cludes information, data, and explanatory state-
ments relating to the compliance of covered agen-
cies with the requirements of this section. 
‘‘(B) PROCESSES
AND
PROCEDURES.—In 
maintaining the website described in subpara-
graph (A), the Administrator shall— 
‘‘(i) ensure covered agencies regularly, 
and not less frequently than biannually, up-
2126 
† HR 2670 EAS 
date the information, data, and explanatory 
statements posed on the website, pursuant to 
guidance issued by the Administrator, relat-
ing to any new data centers and, as appro-
priate, each existing data center of the cov-
ered agency; and 
‘‘(ii) ensure that all information, data, 
and explanatory statements on the website 
are maintained as open Government data 
assets.’’; and 
(3) in subsection (c), by striking paragraph (1) 
and inserting the following: 
‘‘(1) IN GENERAL.—The head of a covered agency 
shall oversee and manage the data center portfolio 
and the information technology strategy of the covered 
agency in accordance with Federal cybersecurity 
guidelines and directives, including— 
‘‘(A) information security standards and 
guidelines promulgated by the Director of the 
National Institute of Standards and Technology; 
‘‘(B) applicable requirements and guidance 
issued by the Director of the Office of Manage-
ment and Budget pursuant to section 3614 of 
title 44, United States Code; and
2127 
† HR 2670 EAS 
‘‘(C) directives issued by the Secretary of 
Homeland Security under section 3553 of title 
44, United States Code.’’. 
(c) EXTENSION OF SUNSET.—Section 834(e) of the 
Carl Levin and Howard P. ‘‘Buck’’ McKeon National De-
fense Authorization Act for Fiscal Year 2015 (44 U.S.C. 
3601 note; Public Law 113–291) is amended by striking 
‘‘2022’’ and inserting ‘‘2026’’. 
(d) GAO REVIEW.—Not later than 1 year after the 
date of the enactment of this subtitle, and annually there-
after, the Comptroller General of the United States shall 
review, verify, and audit the compliance of covered agencies 
with the minimum requirements established pursuant to 
section 834(b)(1) of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fiscal Year 
2015 (44 U.S.C. 3601 note; Public Law 113–291) for new 
data centers and subsection (b)(3) of that section for exist-
ing data centers, as appropriate. 
TITLE LXX—STEMMING THE 
FLOW OF ILLICIT NARCOTICS 
Subtitle A—Enhancing DHS Drug 
Seizures Act 
SEC. 11101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Enhancing DHS 
Drug Seizures Act’’.
2128 
† HR 2670 EAS 
SEC. 11102. COORDINATION AND INFORMATION SHARING. 
(a) PUBLIC-PRIVATE PARTNERSHIPS.— 
(1) STRATEGY.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of 
Homeland Security shall develop a strategy to 
strengthen existing and establish new public-private 
partnerships with shipping, chemical, and pharma-
ceutical industries to assist with early detection and 
interdiction of illicit drugs and precursor chemicals. 
(2) CONTENTS.—The strategy required under 
paragraph (1) shall contain goals and objectives for 
employees of the Department of Homeland Security to 
ensure the tactics, techniques, and procedures gained 
from the public-private partnerships described in 
paragraph (1) are included in policies, best practices, 
and training for the Department. 
(3) IMPLEMENTATION PLAN.—Not later than 180 
days after developing the strategy required under 
paragraph (1), the Secretary of Homeland Security 
shall develop an implementation plan for the strategy, 
which shall outline departmental lead and support 
roles, responsibilities, programs, and timelines for ac-
complishing the goals and objectives of the strategy. 
(4) BRIEFING.—The Secretary of Homeland Se-
curity shall provide annual briefings to the Com-
mittee on Homeland Security and Governmental Af-
2129 
† HR 2670 EAS 
fairs of the Senate and the Committee on Homeland 
Security of the House of Representatives regarding 
the progress made in addressing the implementation 
plan developed pursuant to paragraph (3). 
(b) ASSESSMENT OF DRUG TASK FORCES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security 
shall 
conduct 
an 
assessment 
of 
the 
counterdrug task forces in which the Department of 
Homeland Security, including components of the De-
partment, participates in or leads, which shall in-
clude— 
(A) areas of potential overlap; 
(B) opportunities for sharing information 
and best practices; 
(C) how the Department’s processes for en-
suring accountability and transparency in its 
vetting and oversight of partner agency task 
force members align with best practices; and 
(D) corrective action plans for any capa-
bility limitations and deficient or negative find-
ings identified in the report for any such task 
forces led by the Department. 
(2) COORDINATION.—In conducting the assess-
ment required under paragraph (1), with respect to 
counterdrug task forces that include foreign partners,
2130 
† HR 2670 EAS 
the Secretary of Homeland Security shall coordinate 
with the Secretary of State. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Homeland Security shall submit a re-
port to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House 
of Representatives that contains a summary of 
the results of the assessment conducted pursuant 
to paragraph (1). 
(B) FOREIGN PARTNERS.—If the report sub-
mitted under subparagraph (A) includes infor-
mation about counterdrug forces that include for-
eign partners, the Secretary of Homeland Secu-
rity shall submit the report to the Committee on 
Foreign Relations of the Senate and the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives. 
(4) CORRECTIVE ACTION PLAN.—The Secretary 
of Homeland Security shall— 
(A) implement the corrective action plans 
described in paragraph (1)(D) immediately after
2131 
† HR 2670 EAS 
the submission of the report pursuant to para-
graph (2); and 
(B) provide annual briefings to the Com-
mittee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on 
Homeland Security of the House of Representa-
tives regarding the progress made in imple-
menting the corrective action plans. 
(c) COMBINATION OF BRIEFINGS.—The Secretary of 
Homeland Security may combine the briefings required 
under subsections (a)(4) and (b)(3)(B) and provide such 
combined briefings through fiscal year 2026. 
SEC. 11103. DANGER PAY FOR DEPARTMENT OF HOMELAND 
SECURITY PERSONNEL DEPLOYED ABROAD. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is 
amended by inserting after section 881 the following: 
‘‘SEC. 881A. DANGER PAY ALLOWANCE. 
‘‘(a) AUTHORIZATION.—An employee of the Depart-
ment, while stationed in a foreign area, may be granted 
a danger pay allowance, not to exceed 35 percent of the 
basic pay of such employee, for any period during which 
such foreign area experiences a civil insurrection, a civil 
war, ongoing terrorist acts, or wartime conditions that
2132 
† HR 2670 EAS 
threaten physical harm or imminent danger to the health 
or well-being of such employee. 
‘‘(b) NOTICE.—Before granting or terminating a dan-
ger pay allowance to any employee pursuant to subsection 
(a), the Secretary, after consultation with the Secretary of 
State, shall notify the Committee on Homeland Security 
and Governmental Affairs of the Senate, the Committee on 
Foreign Relations of the Senate, the Committee on Home-
land Security of the House of Representatives, and the Com-
mittee on Foreign Affairs of the House of Representatives 
of— 
‘‘(1) the intent to make such payments and the 
circumstances justifying such payments; or 
‘‘(2) the intent to terminate such payments and 
the circumstances justifying such termination.’’. 
SEC. 11104. IMPROVING TRAINING TO FOREIGN-VETTED 
LAW ENFORCEMENT OR NATIONAL SECURITY 
UNITS. 
The Secretary of Homeland Security, or the designee 
of the Secretary, may, with the concurrence of the Secretary 
of State, provide training to foreign-vetted law enforcement 
or national security units and may waive reimbursement 
for salary expenses of such Department of Homeland Secu-
rity personnel, in accordance with an agreement with the
2133 
† HR 2670 EAS 
Department of Defense pursuant to section 1535 of title 31, 
United States Code. 
SEC. 11105. ENHANCING THE OPERATIONS OF U.S. CUS-
TOMS AND BORDER PROTECTION IN FOREIGN 
COUNTRIES. 
Section 411(f) of the Homeland Security Act of 2002 
(6 U.S.C. 211(f)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) PERMISSIBLE ACTIVITIES.— 
‘‘(A) IN GENERAL.—Employees of U.S. Cus-
toms and Border Protection and other customs 
officers designated in accordance with the au-
thorities granted to officers and agents of Air 
and Marine Operations may, with the concur-
rence of the Secretary of State, provide the sup-
port described in subparagraph (B) to authori-
ties of the government of a foreign country if an 
arrangement has been entered into between the 
Government of the United States and the govern-
ment of such country that permits such support 
by such employees and officers.
2134 
† HR 2670 EAS 
‘‘(B) SUPPORT
DESCRIBED.—The support 
described in this subparagraph is support for— 
‘‘(i) the monitoring, locating, tracking, 
and deterrence of— 
‘‘(I) illegal drugs to the United 
States; 
‘‘(II) the illicit smuggling of per-
sons and goods into the United States; 
‘‘(III) terrorist threats to the 
United States; and 
‘‘(IV) other threats to the security 
or economy of the United States; 
‘‘(ii) emergency humanitarian efforts; 
and 
‘‘(iii) law enforcement capacity-build-
ing efforts. 
‘‘(C) PAYMENT OF CLAIMS.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iv), the Secretary, with the con-
currence of the Secretary of State, may ex-
pend funds that have been appropriated or 
otherwise made available for the operating 
expenses of the Department to pay claims 
for money damages against the United 
States, in accordance with the first para-
2135 
† HR 2670 EAS 
graph of section 2672 of title 28, United 
States Code, which arise in a foreign coun-
try in connection with U.S. Customs and 
Border Protection operations in such coun-
try. 
‘‘(ii) SUBMISSION DEADLINE.—A claim 
may be allowed under clause (i) only if it 
is presented not later than 2 years after it 
accrues. 
‘‘(iii) REPORT.—Not later than 90 
days after the date on which the expenditure 
authority under clause (i) expires pursuant 
to clause (iv), the Secretary shall submit a 
report to the Committee on Homeland Secu-
rity and Governmental Affairs and the 
Committee on Foreign Relations of the Sen-
ate and the Committee on Homeland Secu-
rity and Committee on Foreign Affairs of 
the House of Representatives that describes, 
for each of the payments made pursuant to 
clause (i)— 
‘‘(I) the foreign entity that re-
ceived such payment; 
‘‘(II) the amount paid to such for-
eign entity;
2136 
† HR 2670 EAS 
‘‘(III) the country in which such 
foreign entity resides or has its prin-
cipal place of business; and 
‘‘(IV) a detailed account of the 
circumstances justify such payment. 
‘‘(iv) SUNSET.—The expenditure au-
thority under clause (i) shall expire on the 
date that is 5 years after the date of the en-
actment of the Enhancing DHS Drug Sei-
zures Act.’’. 
SEC. 11106. DRUG SEIZURE DATA IMPROVEMENT. 
(a) STUDY.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland Se-
curity shall conduct a study to identify any opportunities 
for improving drug seizure data collection. 
(b) ELEMENTS.—The study required under subsection 
(a) shall— 
(1) include a survey of the entities that use drug 
seizure data; and 
(2) address— 
(A) any additional data fields or drug type 
categories that should be added to U.S. Customs 
and Border Protection’s SEACATS, U.S. Border 
Patrol’s e3 portal, and any other systems deemed 
appropriate by the Commissioner of U.S. Cus-
2137 
† HR 2670 EAS 
toms and Border Protection, in accordance with 
the first recommendation in the Government Ac-
countability Office’s report GAO–22–104725, en-
titled ‘‘Border Security: CBP Could Improve 
How It Categorizes Drug Seizure Data and 
Evaluates Training’’; 
(B) how all the Department of Homeland 
Security components that collect drug seizure 
data can standardize their data collection efforts 
and deconflict drug seizure reporting; 
(C) how the Department of Homeland Secu-
rity can better identify, collect, and analyze ad-
ditional data on precursor chemicals, synthetic 
drugs, novel psychoactive substances, and ana-
logues that have been seized by U.S. Customs 
and Border Protection and U.S. Immigration 
and Customs Enforcement; and 
(D) how the Department of Homeland Secu-
rity can improve its model of anticipated drug 
flow into the United States. 
(c) IMPLEMENTATION OF FINDINGS.—Following the 
completion of the study required under subsection (a)— 
(1) the Secretary of Homeland Security, in ac-
cordance with the Office of National Drug Control 
Policy’s 2022 National Drug Control Strategy, shall
2138 
† HR 2670 EAS 
modify Department of Homeland Security drug sei-
zure policies and training programs, as appropriate, 
consistent with the findings of such study; and 
(2) the Commissioner of U.S. Customs and Bor-
der Protection, in consultation with the Director of 
U.S. Immigration and Customs Enforcement, shall 
make any necessary updates to relevant systems to in-
clude the results of confirmatory drug testing results. 
SEC. 11107. DRUG PERFORMANCE MEASURES. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall de-
velop and implement a plan to ensure that components of 
the Department of Homeland Security develop and main-
tain outcome-based performance measures that adequately 
assess the success of drug interdiction efforts and how to 
utilize the existing drug-related metrics and performance 
measures to achieve the missions, goals, and targets of the 
Department. 
SEC. 11108. PENALTIES FOR HINDERING IMMIGRATION, 
BORDER, AND CUSTOMS CONTROLS. 
(a) PERSONNEL AND STRUCTURES.—Title II of the 
Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 
is amended by inserting after section 274D the following:
2139 
† HR 2670 EAS 
‘‘SECTION 274E. DESTROYING OR EVADING BORDER CON-
TROLS. 
‘‘(a) IN GENERAL.—It shall be unlawful to knowingly 
and without lawful authorization— 
‘‘(1)(A) destroy or significantly damage any 
fence, barrier, sensor, camera, or other physical or 
electronic device deployed by the Federal Government 
to control an international border of, or a port of 
entry to, the United States; or 
‘‘(B) otherwise construct, excavate, or make any 
structure intended to defeat, circumvent or evade such 
a fence, barrier, sensor camera, or other physical or 
electronic device deployed by the Federal Government 
to control an international border of, or a port of 
entry to, the United States; and 
‘‘(2) in carrying out an act described in para-
graph (1), have the intent to knowingly and will-
fully— 
‘‘(A) secure a financial gain; 
‘‘(B) further the objectives of a criminal or-
ganization; and 
‘‘(C) violate— 
‘‘(i) section 274(a)(1)(A)(i); 
‘‘(ii) the customs and trade laws of the 
United States (as defined in section 2(4) of
2140 
† HR 2670 EAS 
the Trade Facilitation and Trade Enforce-
ment Act of 2015 (Public Law 114–125)); 
‘‘(iii) any other Federal law relating to 
transporting controlled substances, agri-
culture, or monetary instruments into the 
United States; or 
‘‘(iv) any Federal law relating to bor-
der controls measures of the United States. 
‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be fined under title 18, United States Code, im-
prisoned for not more than 5 years, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended by inserting after the item relating to sec-
tion 274D the following: 
‘‘Sec. 274E. Destroying or evading border controls.’’. 
Subtitle B—Non-Intrusive 
Inspection Expansion Act 
SEC. 11111. SHORT TITLE. 
This subtitle may be cited as the ‘‘Non-Intrusive In-
spection Expansion Act’’. 
SEC. 11112. USE OF NON-INTRUSIVE INSPECTION SYSTEMS 
AT LAND PORTS OF ENTRY. 
(a) FISCAL YEAR 2026.—Using non-intrusive inspec-
tion systems acquired through previous appropriations 
Acts, beginning not later than September 30, 2026, U.S.
2141 
† HR 2670 EAS 
Customs and Border Protection shall use non-intrusive in-
spection systems at land ports of entry to scan, cumula-
tively, at ports of entry where systems are in place by the 
deadline, not fewer than— 
(1) 40 percent of passenger vehicles entering the 
United States; and 
(2) 90 percent of commercial vehicles entering 
the United States. 
(b) SUBSEQUENT FISCAL YEARS.—Beginning in fiscal 
year 2027, U.S. Customs and Border Protection shall use 
non-intrusive inspection systems at land ports of entry to 
reach the next projected benchmark for incremental scan-
ning of passenger and commercial vehicles entering the 
United States at such ports of entry. 
(c) BRIEFING.—Not later than May 30, 2026, the Com-
missioner of U.S. Customs and Border Protection shall brief 
the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Se-
curity of the House of Representatives regarding the 
progress made during the first half of fiscal year 2026 in 
achieving the scanning benchmarks described in subsection 
(a). 
(d) REPORT.—If the scanning benchmarks described in 
subsection (a) are not met by the end of fiscal year 2026, 
not later than 120 days after the end of that fiscal year,
2142 
† HR 2670 EAS 
the Commissioner of U.S. Customs and Border Protection 
shall submit a report to the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Representa-
tives that— 
(1) analyzes the causes for not meeting such re-
quirements; 
(2) identifies any resource gaps and challenges; 
and 
(3) details the steps that will be taken to ensure 
compliance with such requirements in the subsequent 
fiscal year. 
SEC. 11113. NON-INTRUSIVE INSPECTION SYSTEMS FOR 
OUTBOUND INSPECTIONS. 
(a) STRATEGY.—Not later than 180 days after the date 
of the enactment of this Act, the Commissioner of U.S. Cus-
toms and Border Protection shall submit a strategy to the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate and the Committee on Homeland Secu-
rity of the House of Representatives for increasing sustained 
outbound inspection operations at land ports of entry that 
includes— 
(1) the number of existing and planned outbound 
inspection lanes at each port of entry;
2143 
† HR 2670 EAS 
(2) infrastructure limitations that limit the abil-
ity of U.S. Customs and Border Protection to deploy 
non-intrusive inspection systems for outbound inspec-
tions; 
(3) the number of additional non-intrusive in-
spection systems that are necessary to increase scan-
ning capacity for outbound inspections; and 
(4) plans for funding and acquiring the systems 
described in paragraph (3). 
(b) IMPLEMENTATION.—Beginning not later than Sep-
tember 30, 2026, U.S. Customs and Border Protection shall 
use non-intrusive inspection systems at land ports of entry 
to scan not fewer than 10 percent of all vehicles exiting the 
United States through land ports of entry. 
SEC. 11114. GAO REVIEW AND REPORT. 
(a) REVIEW.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a review of the use by 
U.S. Customs and Border Protection of non-intrusive 
inspection systems for border security. 
(2) ELEMENTS.—The review required under 
paragraph (1) shall— 
(A) identify—
2144 
† HR 2670 EAS 
(i) the number and types of non-intru-
sive inspection systems deployed by U.S. 
Customs and Border Protection; and 
(ii) the locations to which such systems 
have been deployed; and 
(B) examine the manner in which U.S. 
Customs and Border Protection— 
(i) assesses the effectiveness of such sys-
tems; and 
(ii) uses such systems in conjunction 
with other border security resources and as-
sets, such as border barriers and technology, 
to detect and interdict drug smuggling and 
trafficking at the southwest border of the 
United States. 
(b) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Comptroller General shall 
submit a report to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee 
on Homeland Security of the House of Representatives con-
taining the findings of the review conducted pursuant to 
subsection (a).
2145 
† HR 2670 EAS 
Subtitle C—Securing America’s 
Ports of Entry Act of 2023 
SEC. 11121. SHORT TITLE. 
This subtitle may be cited as the ‘‘Securing America’s 
Ports of Entry Act of 2023’’. 
SEC. 11122. ADDITIONAL U.S. CUSTOMS AND BORDER PRO-
TECTION PERSONNEL. 
(a) OFFICERS.—Subject to appropriations, the Com-
missioner of U.S. Customs and Border Protection shall hire, 
train, and assign not fewer than 600 new U.S. Customs 
and Border Protection officers above the current attrition 
level during every fiscal year until the total number of U.S. 
Customs and Border Protection officers equals and sustains 
the requirements identified each year in the Workload Staff-
ing Model. 
(b) SUPPORT STAFF.—The Commissioner is author-
ized to hire, train, and assign support staff, including tech-
nicians and Enterprise Services mission support, to per-
form non-law enforcement administrative functions to sup-
port the new U.S. Customs and Border Protection officers 
hired pursuant to subsection (a). 
(c) TRAFFIC FORECASTS.—In calculating the number 
of U.S. Customs and Border Protection officers needed at 
each port of entry through the Workload Staffing Model, 
the Commissioner shall—
2146 
† HR 2670 EAS 
(1) rely on data collected regarding the inspec-
tions and other activities conducted at each such port 
of entry; 
(2) consider volume from seasonal surges, other 
projected changes in commercial and passenger vol-
umes, the most current commercial forecasts, and 
other relevant information; 
(3) consider historical volume and forecasts prior 
to the COVID–19 pandemic and the impact on inter-
national travel; and 
(4) incorporate personnel requirements for in-
creasing the rate of outbound inspection operations at 
land ports of entry. 
(d) GAO REPORT.—If the Commissioner does not hire 
the 600 additional U.S. Customs and Border Protection of-
ficers authorized under subsection (a) during fiscal year 
2024, or during any subsequent fiscal year in which the 
hiring requirements set forth in the Workload Staffing 
Model have not been achieved, the Comptroller General of 
the United States shall— 
(1) conduct a review of U.S. Customs and Bor-
der Protection hiring practices to determine the rea-
sons that such requirements were not achieved and 
other issues related to hiring by U.S. Customs and 
Border Protection; and
2147 
† HR 2670 EAS 
(2) submit a report to the Committee on Home-
land Security and Governmental Affairs of the Sen-
ate, the Committee on Finance of the Senate, the 
Committee on Homeland Security of the House of 
Representatives, and the Committee on Ways and 
Means of the House of Representatives that describes 
the results of the review conducted pursuant to para-
graph (1). 
SEC. 11123. PORTS OF ENTRY INFRASTRUCTURE ENHANCE-
MENT REPORT. 
Not later than 90 days after the date of the enactment 
of this Act, the Commissioner of U.S. Customs and Border 
Protection shall submit a report to the Committee on Home-
land Security and Governmental Affairs of the Senate, the 
Committee on Finance of the Senate, the Committee on 
Homeland Security of the House of Representatives, and 
the Committee on Ways and Means of the House of Rep-
resentatives that identifies— 
(1) infrastructure improvements at ports of 
entry that would enhance the ability of U.S. Customs 
and Border Protection officers to interdict opioids 
and other drugs that are being illegally transported 
into the United States, including a description of cir-
cumstances at specific ports of entry that prevent the 
deployment of technology used at other ports of entry;
2148 
† HR 2670 EAS 
(2) detection equipment that would improve the 
ability of such officers to identify opioids, including 
precursors and derivatives, that are being illegally 
transported into the United States; and 
(3) safety equipment that would protect such of-
ficers from accidental exposure to such drugs or other 
dangers associated with the inspection of potential 
drug traffickers. 
SEC. 11124. REPORTING REQUIREMENTS. 
(a) TEMPORARY DUTY ASSIGNMENTS.— 
(1) QUARTERLY REPORT.—The Commissioner of 
U.S. Customs and Border Protection shall submit a 
quarterly report to the appropriate congressional 
committees that includes, for the reporting period— 
(A) the number of temporary duty assign-
ments; 
(B) the number of U.S. Customs and Border 
Protection officers required for each temporary 
duty assignment; 
(C) the ports of entry from which such offi-
cers were reassigned; 
(D) the ports of entry to which such officers 
were reassigned;
2150 
† HR 2670 EAS 
(3) STAFF BRIEFING.—The Commissioner shall 
brief all affected U.S. Customs and Border Protection 
employees regarding plans to mitigate vulnerabilities 
created by any planned staffing reductions at ports of 
entry. 
(b) REPORTS ON U.S. CUSTOMS AND BORDER PRO-
TECTION AGREEMENTS.—Section 907(a) of the Trade Fa-
cilitation and Trade Enforcement Act of 2015 (19 U.S.C. 
4451(a)) is amended— 
(1) in paragraph (3), by striking ‘‘and an as-
sessment’’ and all that follows and inserting a period; 
(2) by redesignating paragraphs (4) through (12) 
as paragraphs (5) through (13), respectively; 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) A description of the factors that were con-
sidered before entering into the agreement, including 
an assessment of how the agreement provides eco-
nomic benefits and security benefits (if applicable) at 
the port of entry to which the agreement relates.’’; and 
(4) in paragraph (5), as redesignated by para-
graph (2), by inserting after ‘‘the report’’ the fol-
lowing: ‘‘, including the locations of such services and 
the total hours of reimbursable services under the 
agreement, if any’’.
2151 
† HR 2670 EAS 
(c) ANNUAL WORKLOAD STAFFING MODEL REPORT.— 
As part of the Annual Report on Staffing required under 
section 411(g)(5)(A) of the Homeland Security Act of 2002 
(6 U.S.C. 211(g)(5)(A)), the Commissioner shall include— 
(1) information concerning the progress made to-
ward meeting the U.S. Customs and Border Protec-
tion officer and support staff hiring targets set forth 
in section 2, while accounting for attrition; 
(2) an update to the information provided in the 
Resource Optimization at the Ports of Entry report, 
which was submitted to Congress on September 12, 
2017, pursuant to the Department of Homeland Secu-
rity Appropriations Act, 2017 (division F of Public 
Law 115–31); and 
(3) a summary of the information included in 
the reports required under subsection (a) and section 
907(a) of the Trade Facilitation and Trade Enforce-
ment Act of 2015, as amended by subsection (b). 
(d) CBP ONE MOBILE APPLICATION.—During the 2- 
year period beginning on the date of the enactment of this 
Act, the Commissioner of U.S. Customs and Border Protec-
tion shall publish a monthly report on the use of the CBP 
One mobile application, including, with respect to each re-
porting period—
2152 
† HR 2670 EAS 
(1) the number of application registration at-
tempts made through CBP One pursuant to the Cir-
cumvention of Lawful Pathways final rule (88 Fed. 
Reg. 31314 (May 16, 2023)) that resulted in a system 
error, disaggregated by error type; 
(2) the total number of noncitizens who success-
fully registered appointments through CBP One pur-
suant to such rule; 
(3) the total number of appointments made 
through CBP One pursuant to such rule that went 
unused; 
(4) the total number of individuals who have 
been granted parole with a Notice to Appear subse-
quent to appointments scheduled for such individuals 
through CBP One pursuant to such rule; and 
(5) the total number of noncitizens who have 
been issued a Notice to Appear and have been trans-
ferred to U.S. Immigration and Customs Enforcement 
custody subsequent to appointments scheduled for 
such noncitizens through CBP One pursuant to such 
rule. 
(e) DEFINED TERM.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(1) the Committee on Homeland Security and 
Governmental Affairs of the Senate;
2153 
† HR 2670 EAS 
(2) the Committee on Appropriations of the Sen-
ate; 
(3) the Committee on Finance of the Senate; 
(4) the Committee on Homeland Security of the 
House of Representatives 
(5) the Committee on Appropriations of the 
House of Representatives; and 
(6) the Committee on Ways and Means of the 
House of Representatives. 
SEC. 11125. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this subtitle— 
(1) $136,292,948 for fiscal year 2024; and 
(2) $156,918,590 for each of the fiscal years 2025 
through 2029. 
Subtitle D—Border Patrol 
Enhancement Act 
SEC. 11131. SHORT TITLE. 
This subtitle may be cited as the ‘‘Border Patrol En-
hancement Act’’. 
SEC. 11132. AUTHORIZED STAFFING LEVEL FOR THE 
UNITED STATES BORDER PATROL. 
(a) DEFINED TERM.—In this subtitle, the term ‘‘vali-
dated personnel requirements determination model’’ means 
a determination of the number of United States Border Pa-
2154 
† HR 2670 EAS 
trol agents needed to meet the critical mission requirements 
of the United States Border Patrol to maintain an orderly 
process for migrants entering the United States, that has 
been validated by a qualified research entity pursuant to 
subsection (c). 
(b) UNITED STATES BORDER PATROL PERSONNEL 
REQUIREMENTS DETERMINATION MODEL.— 
(1) COMPLETION; NOTICE.—Not later than 180 
days after the date of the enactment of this Act, the 
Commissioner shall complete a personnel require-
ments determination model for United States Border 
Patrol that builds on the 5-year United States Border 
Patrol staffing and deployment plan referred to on 
page 33 of House of Representatives Report 112–91 
(May 26, 2011) and submit a notice of completion 
to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Homeland Security of 
the House of Representatives; 
(C) the Director of the Office of Personnel 
Management; and 
(D) the Comptroller General of the United 
States.
2155 
† HR 2670 EAS 
(2) CERTIFICATION.—Not later than 30 days 
after the completion of the personnel requirements de-
termination model described in paragraph (1), the 
Commissioner shall submit a copy of such model, an 
explanation of its development, and a strategy for ob-
taining independent verification of such model, to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Homeland Security of 
the House of Representatives; 
(C) the Office of Personnel Management; 
and 
(D) the Comptroller General of the United 
States. 
(c) INDEPENDENT STUDY OF PERSONNEL REQUIRE-
MENTS DETERMINATION MODEL.— 
(1) REQUIREMENT FOR STUDY.—Not later than 
90 days after the completion of the personnel require-
ments determination model pursuant to subsection 
(b)(1), the Secretary of Homeland Security shall se-
lect an entity that is technically, managerially, and 
financially independent from the Department of 
Homeland Security to conduct an independent 
verification and validation of the model. 
(2) REPORTS.—
2156 
† HR 2670 EAS 
(A) TO SECRETARY.—Not later than 1 year 
after the completion of the personnel require-
ments determination model under subsection 
(b)(1), the entity performing the independent 
verification and validation of the model shall 
submit a report to the Secretary of Homeland 
Security that includes— 
(i) the results of the study conducted 
pursuant to paragraph (1); and 
(ii) any recommendations regarding 
the model that such entity considers to be 
appropriate. 
(B) TO CONGRESS.—Not later than 30 days 
after receiving the report described in subpara-
graph (A), the Secretary of Homeland Security 
shall submit such report, along with any addi-
tional views or recommendations regarding the 
personnel requirements determination model, to 
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of 
Representatives. 
(d) AUTHORITY TO HIRE ADDITIONAL PERSONNEL.— 
Beginning on the date that is 180 days after receiving a 
report from a qualified research entity pursuant to sub-
2157 
† HR 2670 EAS 
section (c)(2) that validates the personnel requirements de-
termination model and after implementing any rec-
ommendations to improve or update such model, the Sec-
retary of Homeland Security may hire, train, and assign 
600 or more United States Border Patrol agents above the 
attrition level during every fiscal year until the number of 
active agents meets the level recommended by the validated 
personnel requirements determination model. 
SEC. 11133. ESTABLISHMENT OF HIGHER RATES OF REGU-
LARLY 
SCHEDULED 
OVERTIME 
PAY 
FOR 
UNITED STATES BORDER PATROL AGENTS 
CLASSIFIED AT GS–12. 
Section 5550 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘(h) SPECIAL OVERTIME PAY FOR GS–12 BORDER PA-
TROL AGENTS.— 
‘‘(1) IN GENERAL.—Notwithstanding paragraphs 
(1)(F), (2)(C), and (3)(C) of subsection (b), a border 
patrol agent encumbering a position at grade GS–12 
shall receive a special overtime payment under this 
subsection for hours of regularly scheduled work de-
scribed in paragraph (2)(A)(ii) or (3)(A)(ii) of sub-
section (b), as applicable, that are credited to the 
agent through actual performance of work, crediting 
under rules for canine agents under subsection
2158 
† HR 2670 EAS 
(b)(1)(F), or substitution of overtime hours in the 
same work period under subsection (f)(2)(A), except 
that no such payment may be made for periods of ab-
sence resulting in an hours obligation under para-
graph (3) or (4) of subsection (f). 
‘‘(2) COMPUTATION.—The special overtime pay-
ment authorized under paragraph (1) shall be com-
puted by multiplying the credited hours by 50 percent 
of the border patrol agent’s hourly rate of basic pay, 
rounded to the nearest cent. 
‘‘(3) LIMITATIONS.—The special overtime pay-
ment authorized under paragraph (1)— 
‘‘(A) is not considered basic pay for retire-
ment under section 8331(3) or 8401(4) or for 
any other purpose; 
‘‘(B) is not payable during periods of paid 
leave or other paid time off; and 
‘‘(C) is not considered in computing an 
agent’s lump-sum annual leave payment under 
sections 5551 and 5552.’’. 
SEC. 11134. GAO ASSESSMENT OF RECRUITING EFFORTS, 
HIRING REQUIREMENTS, AND RETENTION OF 
LAW ENFORCEMENT PERSONNEL. 
The Comptroller General of the United States shall—
2159 
† HR 2670 EAS 
(1) conduct an assessment of U.S. Customs and 
Border Protection’s— 
(A) efforts to recruit law enforcement per-
sonnel; 
(B) hiring process and job requirements re-
lating to such recruitment; and 
(C) retention of law enforcement personnel, 
including the impact of employee compensation 
on such retention efforts; and 
(2) not later than 2 years after the date of the 
enactment of this Act, submit a report containing the 
results of such assessment to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(B) the Committee on Homeland Security of 
the House of Representatives. 
SEC. 11135. CONTINUING TRAINING. 
(a) IN GENERAL.—The Commissioner shall require all 
United States Border Patrol agents and other employees or 
contracted employees designated by the Commissioner, to 
participate in annual continuing training to maintain and 
update their understanding of— 
(1) Department of Homeland Security policies, 
procedures, and guidelines;
2160 
† HR 2670 EAS 
(2) the fundamentals of law, ethics, and profes-
sional conduct; 
(3) applicable Federal law and regulations; 
(4) precedential legal rulings, including Federal 
Circuit Court and United States Supreme Court 
opinions relating to the duty of care and treatment 
of persons in the custody of the United States Border 
Patrol that the Commissioner determines are relevant 
to active duty agents; 
(5) applicable migration trends that the Com-
missioner determines are relevant; 
(6) best practices for coordinating with commu-
nity stakeholders; and 
(7) any other information that the Commissioner 
determines to be relevant to active duty agents. 
(b) TRAINING SUBJECTS.—Continuing training under 
this subsection shall include training regarding— 
(1) non-lethal use of force policies available to 
United States Border Patrol agents and de-escalation 
strategies and methods; 
(2) identifying, screening, and responding to vul-
nerable populations, such as children, persons with 
diminished mental capacity, victims of human traf-
ficking, pregnant mothers, victims of gender-based vi-
olence, victims of torture or abuse, and the acutely ill;
2161 
† HR 2670 EAS 
(3) trends in transnational criminal organiza-
tion activities that impact border security and migra-
tion; 
(4) policies, strategies, and programs— 
(A) to protect due process, the civil, human, 
and privacy rights of individuals, and the pri-
vate property rights of land owners; 
(B) to reduce the number of migrant and 
agent deaths; and 
(C) to improve the safety of agents on pa-
trol; 
(5) personal resilience; 
(6) anti-corruption and officer ethics training; 
(7) current migration trends, including updated 
cultural and societal issues of nations that are a sig-
nificant source of migrants who are— 
(A) arriving at a United States port of 
entry to seek humanitarian protection; or 
(B) encountered at a United States inter-
national boundary while attempting to enter 
without inspection; 
(8) the impact of border security operations on 
natural resources and the environment, including 
strategies to limit the impact of border security oper-
ations on natural resources and the environment;
2162 
† HR 2670 EAS 
(9) relevant cultural, societal, racial, and reli-
gious training, including cross-cultural communica-
tion skills; 
(10) training authorized under the Prison Rape 
Elimination Act of 2003 (42 U.S.C. 15601 et seq.); 
(11) risk management and safety training that 
includes agency protocols for ensuring public safety, 
personal safety, and the safety of persons in the cus-
tody of the Department of Homeland Security; 
(12) non-lethal, self-defense training; and 
(13) any other training that meets the require-
ments to maintain and update the subjects identified 
in subsection (a). 
(c) COURSE REQUIREMENTS.—Courses offered under 
this section— 
(1) shall be administered by the United States 
Border Patrol, in consultation with the Federal Law 
Enforcement Training Center; and 
(2) shall be approved in advance by the Commis-
sioner of U.S. Customs and Border Protection to en-
sure that such courses satisfy the requirements for 
training under this section. 
(d) ASSESSMENT.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit a report to the Committee
2163 
† HR 2670 EAS 
on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the 
House of Representatives that assesses the training and edu-
cation provided pursuant to this section, including con-
tinuing education. 
(e) FREQUENCY REQUIREMENTS.—Training offered as 
part of continuing education under this section shall in-
clude— 
(1) annual courses focusing on the curriculum 
described in paragraphs (1) through (6) of subsection 
(b); and 
(2) biannual courses focusing on curriculum de-
scribed in paragraphs (7) through (12) of subsection 
(b). 
SEC. 11136. REPORTING REQUIREMENTS. 
(a) RECRUITMENT
AND RETENTION REPORT.—The 
Comptroller General of the United States shall— 
(1) conduct a study of the recruitment and reten-
tion of female agents in the United States Border Pa-
trol that examines— 
(A) the recruitment, application processes, 
training, promotion, and other aspects of em-
ployment for women in the United States Border 
Patrol;
2164 
† HR 2670 EAS 
(B) the training, complaints system, and 
redress for sexual harassment and assault; and 
(C) additional issues related to recruitment 
and retention of female Border Patrol agents; 
and 
(2) not later than 1 year after the date of the en-
actment of this Act, submit a report containing the 
results of such study and recommendations for ad-
dressing any identified deficiencies or opportunities 
for improvement to— 
(A) the Commissioner of U.S. Customs and 
Border Protection; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(C) the Committee on Homeland Security of 
the House of Representatives. 
(b) IMPLEMENTATION REPORT.—Not later than 90 
days after receiving the recruitment and retention report 
required under subsection (a), the Commissioner shall sub-
mit a report to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives that de-
scribes the status of the Commissioner’s efforts to implement 
any recommendations included in recruitment and reten-
tion report.
2165 
† HR 2670 EAS 
Subtitle E—END FENTANYL Act 
SEC. 11141. SHORT TITLES. 
This subtitle may be cited as the ‘‘Eradicating Nar-
cotic Drugs and Formulating Effective New Tools to Ad-
dress National Yearly Losses of Life Act’’ or the ‘‘END 
FENTANYL Act’’. 
SEC. 11142. ENSURING TIMELY UPDATES TO U.S. CUSTOMS 
AND BORDER PROTECTION FIELD MANUALS. 
(a) IN
GENERAL.—Not less frequently than tri-
ennially, the Commissioner of U.S. Customs and Border 
Protection shall review and update, as necessary, the cur-
rent policies and manuals of the Office of Field Operations 
related to inspections at ports of entry to ensure the uniform 
implementation of inspection practices that will effectively 
respond to technological and methodological changes de-
signed to disguise illegal activity, such as the smuggling 
of drugs and humans, along the border. 
(b) REPORTING REQUIREMENT.—Shortly after each 
update required under subsection (a), the Commissioner of 
U.S. Customs and Border Protection shall submit a report 
to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Se-
curity of the House of Representatives that summarizes the 
policy and manual changes implemented by such update.
2166 
† HR 2670 EAS 
TITLE 
LXXI—IMPROVING 
LOB-
BYING DISCLOSURE REQUIRE-
MENTS 
Subtitle A—Lobbying Disclosure 
Improvement Act 
SEC. 11201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Lobbying Disclosure 
Improvement Act’’. 
SEC. 11202. REGISTRANT DISCLOSURE REGARDING FOR-
EIGN AGENT REGISTRATION EXEMPTION. 
Section 4(b) of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1603(b)) is amended— 
(1) in paragraph (6), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (7), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) a statement as to whether the registrant is 
exempt under section 3(h) of the Foreign Agents Reg-
istration Act of 1938, as amended (22 U.S.C. 
613(h)).’’.
2167 
† HR 2670 EAS 
Subtitle B—Disclosing Foreign 
Influence in Lobbying Act 
SEC. 11211. SHORT TITLE. 
This subtitle may be cited as the ‘‘Disclosing Foreign 
Influence in Lobbying Act’’. 
SEC. 11212. CLARIFICATION OF CONTENTS OF REGISTRA-
TION. 
Section 4(b) of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1603(b)), as amended by section 11202 of this 
title, is amended— 
(1) in paragraph (8), as added by section 11202 
of this title, by striking the period at the end and in-
serting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(9) notwithstanding paragraph (4), the name 
and address of each government of a foreign country 
(including any agency or subdivision of a government 
of a foreign country, such as a regional or municipal 
unit of government) and foreign political party, other 
than the client, that participates in the direction, 
planning, supervision, or control of any lobbying ac-
tivities of the registrant.’’.
2168 
† HR 2670 EAS 
TITLE LXXII—PROTECTING OUR 
DOMESTIC WORKFORCE AND 
SUPPLY CHAIN 
Subtitle A—Government-wide Study 
Relating to High-security Leased 
Space 
SEC. 11301. GOVERNMENT-WIDE STUDY. 
(a) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of General Services. 
(2) BENEFICIAL OWNER.— 
(A) IN
GENERAL.—The term ‘‘beneficial 
owner’’, with respect to a covered entity, means 
each natural person who, directly or indirectly, 
through any contract, arrangement, under-
standing, relationship, or otherwise— 
(i) exercises substantial control over 
the covered entity; or 
(ii) owns or controls not less than 25 
percent of the ownership interests of, or re-
ceives substantial economic benefits from the 
assets of, the covered entity. 
(B) EXCLUSIONS.—The term ‘‘beneficial 
owner’’, with respect to a covered entity, does not 
include—
2169 
† HR 2670 EAS 
(i) a minor; 
(ii) a person acting as a nominee, 
intermediary, custodian, or agent on behalf 
of another person; 
(iii) a person acting solely as an em-
ployee of the covered entity and whose con-
trol over or economic benefits from the cov-
ered entity derives solely from the employ-
ment status of the person; 
(iv) a person whose only interest in the 
covered entity is through a right of inherit-
ance, unless the person also meets the re-
quirements of subparagraph (A); or 
(v) a creditor of the covered entity, un-
less the creditor also meets the requirements 
of subparagraph (A). 
(C) ANTI-ABUSE
RULE.—The exclusions 
under subparagraph (B) shall not apply if, in 
the determination of the Administrator, an ex-
clusion is used for the purpose of evading, cir-
cumventing, or abusing the requirements of this 
Act. 
(3) CONTROL.—The term ‘‘control’’, with respect 
to a covered entity, means—
2170 
† HR 2670 EAS 
(A) having the authority or ability to deter-
mine how the covered entity is utilized; or 
(B) having some decisionmaking power for 
the use of the covered entity. 
(4) COVERED ENTITY.—The term ‘‘covered enti-
ty’’ means— 
(A) a person, corporation, company, busi-
ness association, partnership, society, trust, or 
any other nongovernmental entity, organization, 
or group; or 
(B) any governmental entity or instrumen-
tality of a government. 
(5) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’ has the meaning given the term in section 
105 of title 5, United States Code. 
(6) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means— 
(A) an Executive agency; and 
(B) any establishment in the legislative or 
judicial branch of the Federal Government. 
(7) FEDERAL LESSEE.— 
(A) IN GENERAL.—The term ‘‘Federal les-
see’’ means— 
(i) the Administrator; 
(ii) the Architect of the Capitol; and
2171 
† HR 2670 EAS 
(iii) the head of any other Federal 
agency that has independent statutory leas-
ing authority. 
(B) EXCLUSIONS.—The term ‘‘Federal les-
see’’ does not include— 
(i) the head of an element of the intel-
ligence community; or 
(ii) the Secretary of Defense. 
(8) FEDERAL TENANT.— 
(A) IN GENERAL.—The term ‘‘Federal ten-
ant’’ means a Federal agency that is occupying 
or will occupy a high-security leased space for 
which a lease agreement has been secured on be-
half of the Federal agency. 
(B) EXCLUSION.—The term ‘‘Federal ten-
ant’’ does not include an element of the intel-
ligence community. 
(9) FOREIGN ENTITY.—The term ‘‘foreign entity’’ 
means— 
(A) a corporation, company, business asso-
ciation, partnership, society, trust, or any other 
nongovernmental entity, organization, or group 
that is headquartered in or organized under the 
laws of—
2172 
† HR 2670 EAS 
(i) a country that is not the United 
States; or 
(ii) a State, unit of local government, 
or Indian Tribe that is not located within 
or a territory of the United States; or 
(B) a government or governmental instru-
mentality that is not— 
(i) the United States Government; or 
(ii) a State, unit of local government, 
or Indian Tribe that is located within or a 
territory of the United States. 
(10) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means an individual who is not a United States 
person. 
(11) 
HIGH-SECURITY
LEASED
ADJACENT 
SPACE.—The term ‘‘high-security leased adjacent 
space’’ means a building or office space that shares a 
boundary with or surrounds a high-security leased 
space. 
(12) HIGH-SECURITY LEASED SPACE.—The term 
‘‘high-security leased space’’ means a space leased by 
a Federal lessee that— 
(A) will be occupied by Federal employees 
for nonmilitary activities; and
2173 
† HR 2670 EAS 
(B) has a facility security level of III, IV, 
or V, as determined by the Federal tenant in 
consultation with the Interagency Security Com-
mittee, the Secretary of Homeland Security, and 
the Administrator. 
(13) HIGHEST-LEVEL OWNER.—The term ‘‘high-
est-level owner’’ means an entity that owns or con-
trols— 
(A) an immediate owner of the offeror of a 
lease for a high-security leased adjacent space; or 
(B) 1 or more entities that control an im-
mediate owner of the offeror of a lease described 
in subparagraph (A). 
(14) IMMEDIATE OWNER.—The term ‘‘immediate 
owner’’ means an entity, other than the offeror of a 
lease for a high-security leased adjacent space, that 
has direct control of that offeror, including— 
(A) ownership or interlocking management; 
(B) identity of interests among family 
members; 
(C) shared facilities and equipment; and 
(D) the common use of employees. 
(15) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given the
2174 
† HR 2670 EAS 
term in section 3 of the National Security Act of 1947 
(50 U.S.C. 3003). 
(16) SUBSTANTIAL
ECONOMIC
BENEFITS.—The 
term ‘‘substantial economic benefits’’, with respect to 
a natural person described in paragraph (2)(A)(ii), 
means having an entitlement to the funds or assets of 
a covered entity that, as a practical matter, enables 
the person, directly or indirectly, to control, manage, 
or direct the covered entity. 
(17) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means an individual who— 
(A) is a citizen of the United States; or 
(B) is an alien lawfully admitted for per-
manent residence in the United States. 
(b) GOVERNMENT-WIDE STUDY.— 
(1) COORDINATION STUDY.—The Administrator, 
in coordination with the Director of the Federal Pro-
tective Service, the Secretary of Homeland Security, 
the Director of the Office of Management and Budget, 
and any other relevant entities, as determined by the 
Administrator, shall carry out a Government-wide 
study examining options to assist agencies (as defined 
in section 551 of title 5, United States Code) to 
produce a security assessment process for high-secu-
rity leased adjacent space before entering into a lease
2175 
† HR 2670 EAS 
or novation agreement with a covered entity for the 
purposes of accommodating a Federal tenant located 
in a high-security leased space. 
(2) CONTENTS.—The study required under para-
graph (1)— 
(A) shall evaluate how to produce a security 
assessment process that includes a process for as-
sessing the threat level of each occupancy of a 
high-security leased adjacent space, including 
through— 
(i) site-visits; 
(ii) interviews; and 
(iii) any other relevant activities deter-
mined necessary by the Director of the Fed-
eral Protective Service; and 
(B) may include a process for collecting and 
using information on each immediate owner, 
highest-level owner, or beneficial owner of a cov-
ered entity that seeks to enter into a lease with 
a Federal lessee for a high-security leased adja-
cent space, including— 
(i) name; 
(ii) current residential or business 
street address; and
2176 
† HR 2670 EAS 
(iii) an identifying number or docu-
ment that verifies identity as a United 
States person, a foreign person, or a foreign 
entity. 
(3) WORKING GROUP.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of enactment of this Act, the Ad-
ministrator, in coordination with the Director of 
Federal Protective Service, the Secretary of 
Homeland Security, the Director of the Office of 
Management and Budget, and any other relevant 
entities, as determined by the Administrator, 
shall establish a working group to assist in the 
carrying out of the study required under para-
graph (1). 
(B) NO COMPENSATION.—A member of the 
working group established under subparagraph 
(A) shall receive no compensation as a result of 
serving on the working group. 
(C) SUNSET.—The working group estab-
lished under subparagraph (A) shall terminate 
on the date on which the report required under 
paragraph (6) is submitted. 
(4) PROTECTION OF INFORMATION.—The Admin-
istrator shall ensure that any information collected
2177 
† HR 2670 EAS 
pursuant to the study required under paragraph (1) 
shall not be made available to the public. 
(5) LIMITATION.—Nothing in this subsection re-
quires an entity located in the United States to pro-
vide information requested pursuant to the study re-
quired under paragraph (1). 
(6) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Administrator, in 
coordination with the Director of Federal Protective 
Service, the Secretary of Homeland Security, the Di-
rector of the Office of Management and Budget, and 
any other relevant entities, as determined by the Ad-
ministrator, shall submit to the Committee on Home-
land Security and Governmental Affairs of the Senate 
and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report describ-
ing— 
(A) the results of the study required under 
paragraph (1); and 
(B) how all applicable privacy laws and 
rights relating to the First and Fourth Amend-
ments to the Constitution of the United States 
would be upheld and followed in—
2178 
† HR 2670 EAS 
(i) the security assessment process de-
scribed in subparagraph (A) of paragraph 
(2); and 
(ii) the information collection process 
described in subparagraph (B) of that para-
graph. 
(7) LIMITATION.—Nothing in this subsection au-
thorizes a Federal entity to mandate information 
gathering unless specifically authorized by law. 
(8) PROHIBITION.—No information collected 
pursuant the security assessment process described in 
paragraph (2)(A) may be used for law enforcement 
purposes. 
(9) NO
ADDITIONAL
FUNDING.—No additional 
funds are authorized to be appropriated to carry out 
this subsection. 
Subtitle B—Intergovernmental 
Critical Minerals Task Force 
SEC. 11311. SHORT TITLE. 
This subtitle may be cited as the ‘‘Intergovernmental 
Critical Minerals Task Force Act’’. 
SEC. 11312. FINDINGS. 
Congress finds that—
2179 
† HR 2670 EAS 
(1) current supply chains of critical minerals 
pose a great risk to the national security of the 
United States; 
(2) critical minerals are necessary for transpor-
tation, technology, renewable energy, military equip-
ment and machinery, and other relevant sectors cru-
cial for the homeland and national security of the 
United States; 
(3) in 2022, the United States was 100 percent 
import reliant for 12 out of 50 critical minerals and 
more than 50 percent import reliant for an addi-
tional 31 critical mineral commodities classified as 
‘‘critical’’ by the United States Geological Survey, 
and the People’s Republic of China was the top pro-
ducing nation for 30 of those 50 critical minerals; 
(4) as of July, 2023, companies based in the Peo-
ple’s Republic of China that extract critical minerals 
around the world have received hundreds of charges of 
human rights violations; 
(5) on March 26, 2014, the World Trade Organi-
zation ruled that the export restraints by the People’s 
Republic of China on rare earth metals violated obli-
gations under the protocol of accession to the World 
Trade Organization, which harmed manufacturers 
and workers in the United States; and
2180 
† HR 2670 EAS 
(6) the President has yet to submit to Congress 
the plans and recommendations that were due on the 
December 27, 2022, deadline under section 5(a) of the 
National Materials and Minerals Policy, Research 
and Development Act of 1980 (30 U.S.C. 1604(a)), 
which are intended to support a coherent national 
mineral and materials policy, including through 
intergovernmental and interagency coordination. 
SEC. 11313. INTERGOVERNMENTAL CRITICAL MINERALS 
TASK FORCE. 
(a) IN GENERAL.—Section 5 of the National Materials 
and Minerals Policy, Research and Development Act of 
1980 (30 U.S.C. 1604) is amended by adding at the end 
the following: 
‘‘(g) INTERGOVERNMENTAL CRITICAL MINERALS TASK 
FORCE.— 
‘‘(1) PURPOSES.—The purposes of the task force 
established under paragraph (3)(B) are— 
‘‘(A) to assess the reliance of the United 
States on the People’s Republic of China, and 
other covered countries, for critical minerals, and 
the resulting national security risks associated 
with that reliance, at each level of the Federal 
Government, Indian Tribes, and State, local, 
and territorial governments;
2181 
† HR 2670 EAS 
‘‘(B) to make recommendations to the Presi-
dent for the implementation of this Act with re-
gard to critical minerals, including— 
‘‘(i) the congressional declarations of 
policies in section 3; and 
‘‘(ii) revisions to the program plan of 
the President and the initiatives required 
under this section; 
‘‘(C) to make recommendations to secure 
United States and global supply chains for crit-
ical minerals; 
‘‘(D) to make recommendations to reduce 
the reliance of the United States, and partners 
and allies of the United States, on critical min-
eral supply chains involving covered countries; 
and 
‘‘(E) to facilitate cooperation, coordination, 
and mutual accountability among each level of 
the Federal Government, Indian Tribes, and 
State, local, and territorial governments, on a 
holistic response to the dependence on covered 
countries for critical minerals across the United 
States. 
‘‘(2) DEFINITIONS.—In this subsection:
2182 
† HR 2670 EAS 
‘‘(A) APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘appropriate committees of 
Congress’ means— 
‘‘(i) the Committees on Homeland Se-
curity and Governmental Affairs, Energy 
and Natural Resources, Armed Services, 
Environment and Public Works, Commerce, 
Science, and Transportation, Finance, and 
Foreign Relations of the Senate; and 
‘‘(ii) the Committees on Oversight and 
Accountability, Natural Resources, Armed 
Services, Ways and Means, and Foreign Af-
fairs of the House of Representatives. 
‘‘(B) CHAIR.—The term ‘Chair’ means a 
member of the Executive Office of the President, 
designated by the President pursuant to para-
graph (3)(A). 
‘‘(C) COVERED COUNTRY.—The term ‘cov-
ered country’ means— 
‘‘(i) a covered nation (as defined in 
section 4872(d) of title 10, United States 
Code); and 
‘‘(ii) any other country determined by 
the task force to be a geostrategic competitor
2183 
† HR 2670 EAS 
or adversary of the United States with re-
spect to critical minerals. 
‘‘(D) CRITICAL MINERAL.—The term ‘crit-
ical mineral’ has the meaning given the term in 
section 7002(a) of the Energy Act of 2020 (30 
U.S.C. 1606(a)). 
‘‘(E) INDIAN
TRIBE.—The term ‘Indian 
Tribe’ has the meaning given the term in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
‘‘(F) TASK FORCE.—The term ‘task force’ 
means the task force established under paragraph 
(3)(B). 
‘‘(3) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this subsection, the 
President shall— 
‘‘(A) designate a Chair for the task force; 
and 
‘‘(B) acting through the Executive Office of 
the President, establish a task force. 
‘‘(4) COMPOSITION; MEETINGS.— 
‘‘(A) APPOINTMENT.—The Chair, in con-
sultation with key intergovernmental, private, 
and public sector stakeholders, shall appoint to 
the task force representatives with expertise in
2184 
† HR 2670 EAS 
critical mineral supply chains from Federal 
agencies, Indian Tribes, and State, local, and 
territorial governments, including not less than 1 
representative from each of— 
‘‘(i) the Bureau of Indian Affairs; 
‘‘(ii) the Bureau of Land Management; 
‘‘(iii) 
the 
Critical 
Minerals 
Sub-
committee of the National Science and 
Technology Council; 
‘‘(iv) the Department of Agriculture; 
‘‘(v) the Department of Commerce; 
‘‘(vi) the Department of Defense; 
‘‘(vii) the Department of Energy; 
‘‘(viii) the Department of Homeland 
Security; 
‘‘(ix) the Department of the Interior; 
‘‘(x) the Department of Labor; 
‘‘(xi) the Department of State; 
‘‘(xii) the Department of Transpor-
tation; 
‘‘(xiii) the Environmental Protection 
Agency; 
‘‘(xiv) the Export-Import Bank of the 
United States; 
‘‘(xv) the Forest Service;
2185 
† HR 2670 EAS 
‘‘(xvi) the General Services Adminis-
tration; 
‘‘(xvii) the National Science Founda-
tion; 
‘‘(xviii) the Office of the United States 
Trade Representative; 
‘‘(xix) the United States International 
Development Finance Corporation; 
‘‘(xx) the United States Geological Sur-
vey; and 
‘‘(xxi) any other relevant Federal enti-
ty, as determined by the Chair. 
‘‘(B) CONSULTATION.—The task force shall 
consult individuals with expertise in critical 
mineral supply chains, individuals from States 
whose communities, businesses, and industries 
are involved in aspects of critical mineral supply 
chains, including mining and processing oper-
ations, and individuals from a diverse and bal-
anced cross-section of— 
‘‘(i) intergovernmental consultees, in-
cluding— 
‘‘(I) State governments; 
‘‘(II) local governments;
2186 
† HR 2670 EAS 
‘‘(III) 
territorial 
governments; 
and 
‘‘(IV) Indian Tribes; and 
‘‘(ii) other stakeholders, including— 
‘‘(I) academic research institu-
tions; 
‘‘(II) corporations; 
‘‘(III) nonprofit organizations; 
‘‘(IV) private sector stakeholders; 
‘‘(V) trade associations; 
‘‘(VI) 
mining 
industry 
stake-
holders; and 
‘‘(VII) labor representatives. 
‘‘(C) MEETINGS.— 
‘‘(i) INITIAL MEETING.—Not later than 
90 days after the date on which all rep-
resentatives of the task force have been ap-
pointed, the task force shall hold the first 
meeting of the task force. 
‘‘(ii) 
FREQUENCY.—The 
task 
force 
shall meet not less than once every 90 days. 
‘‘(5) DUTIES.— 
‘‘(A) IN GENERAL.—The duties of the task 
force shall include—
2187 
† HR 2670 EAS 
‘‘(i) facilitating cooperation, coordina-
tion, and mutual accountability for the 
Federal Government, Indian Tribes, and 
State, local, and territorial governments to 
enhance data sharing and transparency to 
build more robust and secure domestic sup-
ply chains for critical minerals in support 
of the purposes described in paragraph (1); 
‘‘(ii) providing recommendations with 
respect to— 
‘‘(I) 
increasing 
capacities 
for 
mining, processing, refinement, reuse, 
and recycling of critical minerals in 
the United States to facilitate the envi-
ronmentally responsible production of 
domestic resources to meet national 
critical mineral needs, in consultation 
with Tribal and local communities; 
‘‘(II) identifying how statutes, 
regulations, and policies related to the 
critical mineral supply chain, such as 
stockpiling and development finance, 
could be modified to accelerate environ-
mentally 
responsible 
domestic 
and 
international production of critical
2188 
† HR 2670 EAS 
minerals, in consultation with Indian 
Tribes and local communities; 
‘‘(III) strengthening the domestic 
workforce to support growing critical 
mineral supply chains with good-pay-
ing, safe jobs in the United States; 
‘‘(IV) identifying alternative do-
mestic and global sources to critical 
minerals that the United States cur-
rently relies on the People’s Republic of 
China or other covered countries for 
mining, processing, refining, and recy-
cling, including the availability, cost, 
and quality of those domestic alter-
natives; 
‘‘(V) identifying critical minerals 
and critical mineral supply chains 
that the United States can onshore, at 
a competitive availability, cost, and 
quality, for those minerals and supply 
chains that the United States relies on 
the People’s Republic of China or other 
covered countries to provide; 
‘‘(VI) opportunities for the Fed-
eral Government, Indian Tribes, and
2189 
† HR 2670 EAS 
State, local, and territorial govern-
ments to mitigate risks to the national 
security of the United States with re-
spect to supply chains for critical min-
erals that the United States currently 
relies on the People’s Republic of 
China or other covered countries for 
mining, processing, refining, and recy-
cling; and 
‘‘(VII) evaluating and integrating 
the recommendations of the Critical 
Minerals Subcommittee of the National 
Science and Technology Council into 
the recommendations of the task force. 
‘‘(iii) prioritizing the recommendations 
in clause (ii), taking into consideration eco-
nomic costs and focusing on the critical 
mineral supply chains with vulnerabilities 
posing the most significant risks to the na-
tional security of the United States; 
‘‘(iv) recommending specific strategies, 
to be carried out in coordination with the 
Secretary of State and the Secretary of 
Commerce, to strengthen international part-
nerships in furtherance of critical minerals
2190 
† HR 2670 EAS 
supply chain security with international al-
lies and partners, including a strategy to 
collaborate with governments of the allies 
and partners described in subparagraph (B) 
to develop advanced mining, refining, sepa-
ration and processing technologies; and 
‘‘(v) other duties, as determined by the 
Chair. 
‘‘(B) ALLIES
AND
PARTNERS.—The allies 
and partners referred to subparagraph (A) in-
clude— 
‘‘(i) countries participating in the 
Quadrilateral Security Dialogue; 
‘‘(ii) countries that are— 
‘‘(I) signatories to the Abraham 
Accords; or 
‘‘(II) participants in the Negev 
Forum; 
‘‘(iii) countries that are members of the 
North Atlantic Treaty Organization; and 
‘‘(iv) other countries or multilateral 
partnerships the task force determines to be 
appropriate. 
‘‘(C) REPORT.—The Chair shall—
2191 
† HR 2670 EAS 
‘‘(i) not later than 60 days after the 
date of enactment of this subsection, and 
every 60 days thereafter until the require-
ments under subsection (a) are satisfied, 
brief the appropriate committees of Congress 
on the status of the compliance of the Presi-
dent with completing the requirements 
under that subsection. 
‘‘(ii) not later than 2 years after the 
date of enactment of this Act, submit to the 
appropriate committees of Congress a re-
port, which shall be submitted in unclassi-
fied form, but may include a classified 
annex, that describes any findings, guide-
lines, and recommendations created in per-
forming the duties under subparagraph (A); 
‘‘(iii) not later than 120 days after the 
date on which the Chair submits the report 
under clause (ii), publish that report in the 
Federal Register and on the website of the 
Office of Management and Budget, except 
that the Chair shall redact information 
from the report that the Chair determines 
could pose a risk to the national security of
2192 
† HR 2670 EAS 
the United States by being publicly avail-
able; and 
‘‘(iv) brief the appropriate committees 
of Congress twice per year. 
‘‘(6) SUNSET.—The task force shall terminate on 
the date that is 90 days after the date on which the 
task force completes the requirements under para-
graph (5)(C).’’. 
(b) GAO STUDY.— 
(1) DEFINITION OF CRITICAL MINERALS.—In this 
subsection, the term ‘‘critical mineral’’ has the mean-
ing given the term in section 7002(a) of the Energy 
Act of 2020 (30 U.S.C. 1606(a)). 
(2) STUDY REQUIRED.—The Comptroller General 
of the United States shall conduct a study examining 
the Federal and State regulatory landscape related to 
improving domestic supply chains for critical min-
erals in the United States. 
(3) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to the appropriate 
committees of Congress a report that describes the re-
sults of the study under paragraph (2).
2193 
† HR 2670 EAS 
Subtitle C—Customs Trade Partner-
ship Against Terrorism Pilot 
Program Act of 2023 
SEC. 11321. SHORT TITLE. 
This subtitle may be cited as the ‘‘Customs Trade Part-
nership Against Terrorism Pilot Program Act of 2023’’ or 
the ‘‘CTPAT Pilot Program Act of 2023’’. 
SEC. 11322. DEFINITIONS. 
In this subtitle: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs and the Committee on 
Finance of the Senate; and 
(B) the Committee on Homeland Security 
and the Committee on Ways and Means of the 
House of Representatives. 
(2) CTPAT.—The term ‘‘CTPAT’’ means the Cus-
toms Trade Partnership Against Terrorism estab-
lished under subtitle B of title II of the Security and 
Accountability for Every Port Act (6 U.S.C. 961 et 
seq.).
2194 
† HR 2670 EAS 
SEC. 11323. PILOT PROGRAM ON PARTICIPATION OF THIRD- 
PARTY LOGISTICS PROVIDERS IN CTPAT. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall carry out a pilot program to assess 
whether allowing entities described in subsection (b) 
to participate in CTPAT would enhance port secu-
rity, combat terrorism, prevent supply chain security 
breaches, or otherwise meet the goals of CTPAT. 
(2) FEDERAL REGISTER NOTICE.—Not later than 
one year after the date of the enactment of this Act, 
the Secretary shall publish in the Federal Register a 
notice specifying the requirements for the pilot pro-
gram required by paragraph (1). 
(b) ENTITIES DESCRIBED.—An entity described in 
this subsection is— 
(1) a non-asset-based third-party logistics pro-
vider that— 
(A) arranges international transportation 
of freight and is licensed by the Department of 
Transportation; and 
(B) meets such other requirements as the 
Secretary specifies in the Federal Register notice 
required by subsection (a)(2); or 
(2) an asset-based third-party logistics provider 
that—
2195 
† HR 2670 EAS 
(A) facilitates cross border activity and is 
licensed or bonded by the Federal Maritime 
Commission, the Transportation Security Ad-
ministration, U.S. Customs and Border Protec-
tion, or the Department of Transportation; 
(B) manages and executes logistics services 
using its own warehousing assets and resources 
on behalf of its customers; and 
(C) meets such other requirements as the 
Secretary specifies in the Federal Register notice 
required by subsection (a)(2). 
(c) REQUIREMENTS.—In carrying out the pilot pro-
gram required by subsection (a)(1), the Secretary shall— 
(1) ensure that— 
(A) not more than 10 entities described in 
paragraph (1) of subsection (b) participate in 
the pilot program; and 
(B) not more than 10 entities described in 
paragraph (2) of that subsection participate in 
the program; 
(2) provide for the participation of those entities 
on a voluntary basis; 
(3) continue the program for a period of not less 
than one year after the date on which the Secretary
2196 
† HR 2670 EAS 
publishes the Federal Register notice required by sub-
section (a)(2); and 
(4) terminate the pilot program not more than 
5 years after that date. 
(d) REPORT REQUIRED.—Not later than 180 days 
after the termination of the pilot program under subsection 
(c)(4), the Secretary shall submit to the appropriate con-
gressional committees a report on the findings of, and any 
recommendations arising from, the pilot program con-
cerning the participation in CTPAT of entities described 
in subsection (b), including an assessment of participation 
by those entities. 
SEC. 11324. REPORT ON EFFECTIVENESS OF CTPAT. 
(a) IN GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate congressional 
committees a report assessing the effectiveness of CTPAT. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) An analysis of— 
(A) security incidents in the cargo supply 
chain during the 5-year period preceding sub-
mission of the report that involved criminal ac-
tivity, including drug trafficking, human smug-