H. R. 133—1846 
(ii) the Safe Drinking Water Act (42 U.S.C. 300f 
et seq.); 
(iii) the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.) (commonly referred to as the 
‘‘Clean Water Act’’); and 
(iv) any regulations implementing the Acts 
described in clauses (i) through (iii); 
(2) all rights to use and protect water rights acquired 
after the date of enactment of this Act; 
(3) all claims for damages, losses, or injuries to land or 
natural resources that are— 
(A) not due to loss of water or water rights (including 
hunting, fishing, gathering, or cultural rights); and 
(B) not covered by subsection (a)(3); and 
(4) all rights, remedies, privileges, immunities, and powers 
not specifically waived and released pursuant to this Act or 
the Compact. 
(d) EFFECT OF COMPACT AND ACT.—Nothing in the Compact 
or this Act— 
(1) except as otherwise expressly provided in the Compact 
or this Act, reduces or extends the sovereignty (including civil 
and criminal jurisdiction) of any government entity; 
(2) affects the ability of the United States acting as sov-
ereign to carry out any activity authorized by applicable law, 
including— 
(A) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.); 
(B) the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.); 
(C) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.) (commonly referred to as the ‘‘Clean Water 
Act’’); and 
(D) any regulations implementing the Acts described 
in subparagraphs (A) through (C); 
(3) affects the ability of the United States to act as trustee 
for any other Indian tribe or allottee of any other Indian tribe; 
(4) confers jurisdiction on any State court— 
(A) to interpret Federal law regarding health, safety, 
or the environment; 
(B) to determine the duties of the United States or 
any other party under Federal law regarding health, safety, 
or the environment; or 
(C) to conduct judicial review of any Federal agency 
action; 
(5) waives any claim of a member of the Tribes in an 
individual capacity that does not derive from a right of the 
Tribes; 
(6) revives any claim waived by the Tribes in the case 
entitled ‘‘Nez Perce Tribe v. Salazar’’, No. 06cv2239TFH (D.D.C. 
2012); or 
(7) revives any claim released by an allottee or member 
of the Tribes in the settlement for the case entitled ‘‘Cobell 
v. Salazar’’, No. 1:96CV01285–JR (D.D.C. 2012). 
(e) TOLLING OF CLAIMS.— 
(1) IN GENERAL.—Each applicable period of limitation and 
time-based equitable defense relating to a claim described in
H. R. 133—1847 
this section shall be tolled during the period beginning on 
the date of enactment of this Act and ending on the date 
on which the amounts made available to carry out this Act 
are transferred to the Secretary. 
(2) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
revives any claim or tolls any period of limitation or time- 
based equitable defense that expired before the date of enact-
ment of this Act. 
(f) EXPIRATION.— 
(1) IN
GENERAL.—This Act shall expire in any case in 
which— 
(A) the amounts authorized to be appropriated by this 
Act have not been made available to the Secretary by 
not later than— 
(i) January 21, 2031; or 
(ii) such alternative later date as is agreed to 
by the Tribes and the Secretary; or 
(B) the Secretary fails to publish a statement of 
findings under subsection (b) by not later than— 
(i) January 21, 2032; or 
(ii) such alternative later date as is agreed to 
by the Tribes and the Secretary, after providing reason-
able notice to the State. 
(2) CONSEQUENCES.—If this Act expires under paragraph 
(1)— 
(A) the waivers and releases under subsection (a) 
shall— 
(i) expire; and 
(ii) have no further force or effect; 
(B) the authorization, ratification, confirmation, and 
execution of the Compact under section 4 shall no longer 
be effective; 
(C) any action carried out by the Secretary, and any 
contract or agreement entered into, pursuant to this Act 
shall be void; 
(D) any unexpended Federal funds appropriated or 
made available to carry out the activities authorized by 
this Act, together with any interest earned on those funds, 
and any water rights or contracts to use water and title 
to other property acquired or constructed with Federal 
funds appropriated or made available to carry out the 
activities authorized by this Act shall be returned to the 
Federal Government, unless otherwise agreed to by the 
Tribes and the United States and approved by Congress; 
and 
(E) except for Federal funds used to acquire or con-
struct property that is returned to the Federal Government 
under subparagraph (D), the United States shall be entitled 
to offset any Federal funds made available to carry out 
this Act that were expended or withdrawn, or any funds 
made available to carry out this Act from other Federal 
authorized sources, together with any interest accrued on 
those funds, against any claims against the United States— 
(i) relating to— 
(I) water rights in the State asserted by— 
(aa) the Tribes; or
H. R. 133—1848 
(bb) any user of the Tribal Water Right; 
or 
(II) any other matter covered by subsection 
(a)(3); or 
(ii) in any future settlement of water rights of 
the Tribes or an allottee. 
SEC. 11. SATISFACTION OF CLAIMS. 
(a) TRIBAL CLAIMS.—The benefits realized by the Tribes under 
this Act shall be in complete replacement of, complete substitution 
for, and full satisfaction of all claims of the Tribes against the 
United States waived and released pursuant to paragraphs (1) 
and (3) of section 10(a). 
(b) ALLOTTEE CLAIMS.—The benefits realized by allottees under 
this Act shall be in complete replacement of, complete substitution 
for, and full satisfaction of— 
(1) all claims waived and released pursuant to section 
10(a)(2); and 
(2) any claims of an allottee against the United States 
that an allottee asserted or could have asserted that are similar 
in nature to a claim described in section 10(a)(2). 
SEC. 12. NATIONAL BISON RANGE RESTORATION. 
(a) FINDINGS; PURPOSES.— 
(1) FINDINGS.—Congress finds that— 
(A) the Reservation was set aside for the Tribes in 
1855 under the treaty between the United States and the 
Tribes concluded at Hell Gate on July 16, 1855 (12 Stat. 
975); 
(B) the National Bison Range was established as a 
conservation measure in 1908, a time when the bison were 
at grave risk of extinction; 
(C) the National Bison Range is located in the middle 
of the Reservation on land that was acquired by the United 
States in what was later held, in the civil action entitled 
‘‘Confederated Salish and Kootenai Tribes of the Flathead 
Indian Reservation, Montana v. United States’’ (437 F.2d 
458 (Ct.Cl. 1971)), to be a taking under the Fifth Amend-
ment to the Constitution of the United States; 
(D) the Tribes never consented to the removal of the 
land described in subparagraph (C) from Tribal ownership; 
(E) since time immemorial until the establishment of 
the National Bison Range, the Tribes had used the land 
described in subparagraph (C) for— 
(i) hunting, fishing, and gathering; and 
(ii) cultural and many other purposes; 
(F)(i) in the 1870s, when slaughter resulted in the 
risk of bison extinction, a Pend d’Oreille man named Little 
Falcon Robe received approval from leaders of the Tribes 
to bring orphaned bison calves across the Continental 
Divide to the Reservation for purposes of starting a herd 
for subsistence and conservation purposes; 
(ii) starting with just a few bison calves, the animals 
grew into a large herd under the stewardship of members 
of the Tribes, who later included Michel Pablo and Charles 
Allard; and
H. R. 133—1849 
(iii) the Reservation was the home of that free-ranging 
herd of bison for decades before the establishment of the 
National Bison Range; 
(G) when the Reservation was opened for home-
steading, a free-ranging bison herd was no longer feasible, 
resulting in Michel Pablo selling the herd to off-Reservation 
interests; 
(H) many of the bison, or their descendants, from the 
Tribal member-managed herd were repurchased and 
brought back to the Reservation to form the original herd 
for the National Bison Range; 
(I) the bison herd at the National Bison Range descends 
largely from a herd started and managed as described 
in subparagraph (F); 
(J) the Tribes— 
(i) have played a substantive role as conservation 
leaders, often in partnership with the National Bison 
Range; 
(ii) have demonstrated a long-term commitment 
to responsible management of the land and resources 
surrounding the National Bison Range; and 
(iii) desire to carry out the purposes for which 
the National Bison Range was established; 
(K) the Tribes have extensive experience in wildlife 
and natural resources management, including— 
(i) the establishment and management of the 
91,000-acre Mission Mountains Tribal Wilderness, the 
first tribally designated wilderness area in the United 
States; 
(ii) special management districts for large animals, 
such as the Little Money Bighorn Sheep Management 
Area and the Ferry Basin Elk Management Area; and 
(iii) the restoration and management of bighorn 
sheep populations, peregrine falcons, and trumpeter 
swans on the Reservation; 
(L) the Tribes have an extensive history of successful 
partnerships with Federal agencies with respect to issues 
such as— 
(i) threatened and endangered species manage-
ment; 
(ii) migratory waterfowl management; and 
(iii) wetland habitat management; 
(M)(i) the Tribes have entered into prior management- 
related agreements relating to the National Bison Range 
under title IV of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5361 et seq.); and 
(ii) the Tribes and the United States desire to build 
on past and current partnerships, as well as honor and 
advance the Federal and Tribal objectives of increasing 
Tribal autonomy and Tribal governmental capacity; 
(N) since the establishment of the National Bison 
Range, additional herds of bison have been established 
on other national wildlife refuges and national parks; 
(O) the facts and history regarding the Federal Govern-
ment, the Tribes, the bison, and land on the Reservation 
acquired for the National Bison Range are exceptional cir-
cumstances that warrant action by Congress; and
H. R. 133—1850 
(P) the United States should hold title in and to the 
land comprising the National Bison Range, with beneficial 
title of the land being restored to the Tribes for— 
(i) continued bison conservation; 
(ii) other wildlife and natural resource manage-
ment purposes; and 
(iii) other nonconflicting purposes of the Tribes. 
(2) PURPOSES.—The purposes of this section are— 
(A) to acknowledge the history, culture, and ecological 
stewardship of the Tribes with respect to the land on 
the Reservation acquired for the National Bison Range, 
bison, and other natural resources; 
(B) to ensure that the land, bison, and other resources 
referred to in subparagraph (A) continue to be protected 
and enhanced; 
(C) 
to 
continue 
public 
access 
and 
educational 
opportunities; and 
(D) to ensure a smooth transition for land, bison, and 
other natural resources as the land is restored to Federal 
trust ownership for the benefit of the Tribes. 
(b) DEFINITION OF NATIONAL BISON RANGE.—In this section, 
the term ‘‘National Bison Range’’ means all land within the Reserva-
tion that was reserved for the national bison range under the 
matter under the heading ‘‘NATIONAL
BISON
RANGE’’ under the 
heading ‘‘MISCELLANEOUS’’ under the heading ‘‘DEPARTMENT
OF 
AGRICULTURE’’ in the Act of May 23, 1908 (16 U.S.C. 671) (as 
in effect on the day before the date of enactment of this Act). 
(c) RESTORATION OF LAND.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, for the purposes of conserving bison, wildlife, and natural 
resources, and of safeguarding the interests of the Tribes in 
those resources and the traditional, cultural, and other interests 
of the Tribes, all land comprising the National Bison Range 
(including all natural resources, interests, and appurtenances 
of that land) shall be held in trust by the United States for 
the benefit of the Tribes. 
(2) ADMINISTRATION.—The land restored by paragraph (1) 
shall be— 
(A) a part of the Reservation; 
(B) administered under the laws (including regulations) 
applicable to Indian trust land; and 
(C) managed by the Tribes, in accordance with para-
graph (3), solely for the care and maintenance of bison, 
wildlife, and other natural resources, including designation 
or naming of the restored land. 
(3) TRIBAL MANAGEMENT.—In managing the land restored 
by paragraph (1), the Tribes shall— 
(A) provide public access and educational opportunities; 
and 
(B) at all times, have a publicly available management 
plan for the land, bison, and natural resources, which shall 
include actions to address management and control of 
invasive weeds. 
(d) CONVEYANCE OF BUILDINGS AND OTHER STRUCTURES.— 
(1) IN GENERAL.—The United States shall convey to the 
Tribes, to own in fee, all ownership interests of the United
H. R. 133—1851 
States in all buildings, structures, improvements, and appur-
tenances located on the land restored by subsection (c)(1). 
(2) PERSONAL PROPERTY.—The United States may convey 
to the Tribes any personal property owned by the United States 
and found on, or otherwise associated with, the land restored 
by subsection (c)(1). 
(e) RELINQUISHMENT OF RIGHTS TO BISON.—The United States 
relinquishes to the Tribes all interests of United States in the 
bison on the land restored by subsection (c)(1). 
(f) TRANSITION.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, during the 2-year period beginning on the date of enact-
ment of this Act, the Secretary shall cooperate with the Tribes 
in transition activities regarding the management of land, 
bison, and other resources conveyed by this Act, including by 
providing to the Tribes, as determined to be appropriate by 
the Secretary, funds, personal property, equipment, or other 
resources for the performance of, or assistance with, the types 
of activities carried out by the Secretary at the National Bison 
Range as of the date of enactment of this Act. 
(2) EFFECT.—Consistent with subsections (c), (d), and (e), 
nothing in this section authorizes the Director of the United 
States Fish and Wildlife Service to retain ownership or control 
of any real or personal property conveyed by this section, except 
as the Tribes may agree to in writing. 
(g) REPEAL.—The matter under the heading ‘‘NATIONAL BISON 
RANGE’’ under the heading ‘‘MISCELLANEOUS’’ under the heading 
‘‘DEPARTMENT OF AGRICULTURE’’ in the Act of May 23, 1908 (16 
U.S.C. 671), is repealed. 
(h) LIABILITY.—The Tribes shall not be liable for any land, 
soil, surface water, groundwater, or other contamination, injury, 
or damage resulting from the storage, disposal, release, or presence 
of any hazardous substance (as defined in section 101 of the Com-
prehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601)) on any portion of the land restored 
by this section on or before the date of the conveyance, unless 
the Tribes would otherwise have been responsible for the storage, 
disposal, release, or presence. 
(i) CLAIMS AGAINST UNITED STATES.—No claim may be brought 
pursuant to chapter 7 of title 5, United States Code, or section 
1491 or 1505 of title 28, United States Code, against the United 
States, or any agency, officer, or employee of the United States, 
concerning the preconveyance or postconveyance management of 
the land and other property conveyed by this section. 
(j) EFFECT.—Nothing in this section relieves the United States 
of any obligation under section 120(h)(3) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9620(h)(3)). 
(k) NO PRECEDENT.—The provisions of this section— 
(1) are uniquely suited to address the distinct cir-
cumstances, facts, history, and relationships involved with the 
bison, land, and Tribes; and 
(2) are not intended, and shall not be interpreted, to estab-
lish a precedent for any other situation regarding Federal land, 
property, or facilities. 
(l) INDIAN GAMING REGULATORY ACT.—The land restored by 
this section shall not be eligible or used for any gaming activity
H. R. 133—1852 
carried out under the Indian Gaming Regulatory Act (25 U.S.C. 
2701 et seq.). 
SEC. 13. MISCELLANEOUS PROVISIONS. 
(a) AMENDMENTS.— 
(1) ACT OF APRIL 23, 1904.—Section 9 of the Act of April 
23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter 
216), is amended by striking the seventh undesignated para-
graph. 
(2) ACT OF MAY 25, 1948.—Section 2 of the Act of May 
25, 1948 (62 Stat. 269, chapter 340), is amended— 
(A) in subsection (h), by striking paragraph (6) and 
inserting the following: 
‘‘(6) To enhance fisheries habitat or to improve water con-
servation management of the project.’’; and 
(B) by adding at the end the following: 
‘‘(k) MISSION VALLEY DIVISION.— 
‘‘(1) IN GENERAL.—The Secretary of the Interior (referred 
to in this section as the ‘Secretary’), or the Confederated Salish 
and Kootenai Tribes of the Flathead Reservation of Montana 
acting on behalf of the Secretary, as the entity with the legal 
authority and responsibility to operate the Mission Valley divi-
sion of the project (referred to in this subsection as the ‘project 
operator’), may allocate revenues derived from the Mission 
Valley division in accordance with paragraph (2) for the pur-
poses described in subsection (h)(6). 
‘‘(2) ALLOCATION.— 
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), the revenues described in paragraph (1) shall be allo-
cated by providing— 
‘‘(i) $100,000 to the Tribes; and 
‘‘(ii) $100,000 to the project operator. 
‘‘(B) NEGOTIATION.—Effective beginning on October 1 
of the tenth calendar year beginning after the date of 
enactment of the Montana Water Rights Protection Act, 
the Confederated Salish and Kootenai Tribes of the Flat-
head Reservation of Montana, the State of Montana, and 
the Secretary may negotiate for an appropriate allocation 
that differs from the allocation described in subparagraph 
(A). 
‘‘(C) CARRYOVER.—If the project operator does not use 
the full allocation of the project operator under this para-
graph for a fiscal year, an amount equal to the difference 
between the full allocation and the amount used by the 
project operator shall be set aside and accumulated for 
expenditure during subsequent fiscal years for the purposes 
described in subsection (h)(6).’’. 
(3) INDIAN
SELF-DETERMINATION
AND
EDUCATION
ASSIST-
ANCE ACT.—Section 403(b)(4) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5363(b)(4)) is 
amended— 
(A) in subparagraph (A), by adding ‘‘and’’ at the end; 
(B) in subparagraph (B), by striking ‘‘and’’ at the end; 
and 
(C) by striking subparagraph (C).
H. R. 133—1853 
(b) LIENS.—Any lien established by the Act of April 23, 1904 
(33 Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), is extin-
guished and released. 
(c) WAIVER OF SOVEREIGN IMMUNITY.—Except as provided in 
subsections (a) through (c) of section 208 of the Department of 
Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 
Act waives the sovereign immunity of the United States. 
(d) OTHER TRIBES NOT ADVERSELY AFFECTED.—Nothing in this 
Act quantifies or diminishes any land or water right, or any claim 
or entitlement to land or water, of any Indian tribe other than 
the Tribes. 
(e) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—With respect 
to Indian land located within the Reservation— 
(1) the United States shall not submit against any Indian- 
owned land within the Reservation any claim for reimburse-
ment of the cost to the United States of carrying out this 
Act or the Compact; and 
(2) no assessment of any Indian-owned land located within 
the Reservation shall be made regarding that cost. 
(f) LIMITATION ON LIABILITY OF UNITED STATES.— 
(1) IN GENERAL.—The United States has no obligation— 
(A) to monitor, administer, or account for, in any 
manner, any funds provided to the Tribes by the State; 
or 
(B) to review or approve any expenditure of the funds 
described in subparagraph (A). 
(2) INDEMNITY.—The Tribes shall indemnify the United 
States, and hold the United States harmless, with respect to 
all claims (including claims for takings or breach of trust) 
arising from the receipt or expenditure of amounts to carry 
out this Act (other than claims arising out of activities carried 
out by the Tribes with funds transferred in accordance with 
section 7(d)). 
(g) ANTIDEFICIENCY.—The United States shall not be liable 
for any failure to carry out any obligation or activity authorized 
by this Act (including any obligation or activity under the Compact) 
if— 
(1) adequate appropriations are not provided expressly by 
Congress to carry out this Act; or 
(2) subject to section 9(c), insufficient funds are available 
to carry out this Act in the Reclamation Water Settlements 
Fund established by section 10501(a) of the Omnibus Public 
Land Management Act of 2009 (43 U.S.C. 407(a)). 
(h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to any activity 
or function carried out by the Secretary under this Act. 
(i) COOPERATIVE OPERATION AND MAINTENANCE OF FLATHEAD 
INDIAN IRRIGATION PROJECT.— 
(1) AGREEMENT WITH SECRETARY.—On receipt of a joint 
request from the Tribes and 1 or more irrigation districts 
within the Flathead Indian irrigation project, the Secretary 
shall enter into an agreement with the Tribes and the irrigation 
districts for the cooperative operation and maintenance of the 
Flathead Indian irrigation project, or any portion of the Flat-
head Indian irrigation project, under such form of organization 
and under such conditions as may be acceptable to the Sec-
retary.
H. R. 133—1854 
(2) ESTABLISHMENT OF ORGANIZATION.— 
(A) IN GENERAL.—In lieu of entering into an agreement 
under paragraph (1), the Tribes and 1 or more irrigation 
districts within the Flathead Indian irrigation project may 
jointly establish an organization for the purpose of entering 
into an agreement for the operation and maintenance of 
the Flathead Indian irrigation project under the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 5301 et seq.). 
(B) CONTRACT SUPPORT COSTS.—Any contract support 
costs pursuant to section 106(a) of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 5325(a)) 
for an organization established pursuant to subparagraph 
(A) shall be limited to funds available from annual assess-
ment under part 171 of title 25, Code of Federal Regula-
tions (or successor regulations). 
(C) TREATMENT.—An organization established pursu-
ant to subparagraph (A) shall be considered to be a tribal 
organization (as defined in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
5304)) for purposes of that Act. 
(D) ANNUAL O&M ASSESSMENTS.—Nothing in this sub-
section limits the ability of an organization established 
pursuant to subparagraph (A) to include the costs of admin-
istering the Flathead Indian irrigation project when estab-
lishing annual assessment rates in accordance with part 
171 of title 25, Code of Federal Regulations (or successor 
regulations). 
(j) EXCHANGES OF LAND.— 
(1) DEFINITIONS.—In this subsection: 
(A) PUBLIC LAND.—The term ‘‘public land’’ means— 
(i) public lands (as defined in section 103 of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1702)); and 
(ii) land managed by the Secretary of Agriculture 
under the jurisdiction of the Forest Service. 
(B) SECRETARY CONCERNED.—The term ‘‘Secretary con-
cerned’’ means, as applicable— 
(i) the Secretary, with respect to the public land 
described in subparagraph (A)(i); or 
(ii) the Secretary of Agriculture, with respect to 
the public land described in subparagraph (A)(ii). 
(2) STATE TRUST LAND.— 
(A) IN GENERAL.—The Secretary concerned shall offer 
to negotiate with the State for the purpose of exchanging 
public land within the State for State trust land located 
within the Reservation with a total value substantially 
equal to the value of the surface estate of the approximately 
36,808 acres of State trust land obtained by the State 
pursuant to— 
(i) the Act of February 22, 1889 (commonly known 
as the ‘‘Montana Enabling Act’’) (25 Stat. 676, chapter 
180), and the Act of April 23, 1904 (33 Stat. 302, 
chapter 1495; 35 Stat. 449, chapter 216); or 
(ii) the Act of February 25, 1920 (41 Stat. 452). 
(B) PROCEDURES.—An exchange described in subpara-
graph (A) shall be conducted in accordance with section