H. R. 133—1827 
(B) EFFECTIVE
DATE.—The amendments made by 
subparagraph (A) shall apply with respect to agreements 
entered into on or after, or in effect as of, the date that 
is 1 year after the date of the enactment of this Act. 
(4) CONFORMING AMENDMENTS.— 
(A) DEFINITION
OF
A
HOSPICE
PROGRAM.—Section 
1861(dd)(4) 
of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1395x(dd)(4)) is amended by striking subparagraph (C). 
(B) CONTINUATION OF FUNDING.—Section 3(a)(2) of the 
Improving Medicare Post-Acute Care Transformation Act 
of 2014 is amended by inserting ‘‘and section 1822(a)(1) 
of such Act,’’ after ‘‘as added by paragraph (1),’’. 
(b) INCREASING PAYMENT REDUCTIONS FOR FAILURE TO MEET 
QUALITY DATA REPORTING REQUIREMENTS.—Section 1814(i)(5)(A)(i) 
of the Social Security Act (42 U.S.C. 1395f(i)(5)(A)(i)) is amended 
by inserting ‘‘(or, for fiscal year 2024 and each subsequent fiscal 
year, 4 percentage points)’’ before the period. 
(c) REPORT.—Not later than 36 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report containing an analysis of the 
effects of the amendments made by subsection (a), including the 
frequency 
of 
application 
of 
remedies 
specified 
in 
section 
1822(c)(5)(B) of the Social Security Act (as added by such sub-
section), on access to, and quality of, care furnished by hospice 
programs under part A of title XVIII of the Social Security Act 
(42 U.S.C. 1395c et seq.). 
SEC. 408. MEDICARE IMPROVEMENT FUND. 
Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395iii(b)(1)) is amended by striking ‘‘ $0’’ and inserting ‘‘ 
$165,000,000’’. 
TITLE V—MISCELLANEOUS 
SEC. 501. IMPLEMENTATION FUNDING. 
For purposes of carrying out the provisions of, and the amend-
ments made by, titles I, II, and IV, in addition to any funds 
otherwise made available, there are appropriated from amounts 
in the Treasury not otherwise appropriated, $37,000,000 to the 
Centers for Medicare & Medicaid Services Program Management 
Account for fiscal year 2021, to remain available until expended. 
DIVISION DD—MONTANA WATER 
RIGHTS PROTECTION ACT 
SEC. 1. SHORT TITLE. 
This division may be cited as the ‘‘Montana Water Rights 
Protection Act’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settlement of 
claims to water rights in the State of Montana, and in recogni-
tion of article I, and section 3 of article IX, of the Montana 
State Constitution for—
H. R. 133—1828 
(A) the Confederated Salish and Kootenai Tribes of 
the Flathead Indian Reservation; and 
(B) the United States, for the benefit of the Tribes 
and allottees; 
(2) to authorize, ratify, and confirm the water rights com-
pact entered into by the Tribes and the State, to the extent 
that the Compact is consistent with this Act; 
(3) to authorize and direct the Secretary of the Interior— 
(A) to execute the Compact; and 
(B) to take any other action necessary to carry out 
the Compact in accordance with this Act; and 
(4) to authorize funds necessary for the implementation 
of— 
(A) the Compact; and 
(B) this Act. 
SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) ALLOTTEE.—The term ‘‘allottee’’ means an individual 
who holds a beneficial real property interest in an allotment 
of Indian land that is— 
(A) located within the Reservation; and 
(B) held in trust by the United States. 
(2) BISON.—The term ‘‘bison’’ means North American plains 
bison. 
(3) COMPACT.—The term ‘‘Compact’’ means— 
(A) the water rights compact entered into and ratified, 
as applicable, by the Confederated Salish and Kootenai 
Tribes, the State, and the United States, as contained 
in section 85–20–1901 of the Montana Code Annotated 
(2019), including— 
(i) any appendix or exhibit to that compact; and 
(ii) any modifications authorized by that compact; 
and 
(B) any amendment to the compact referred to in 
subparagraph (A) (including an amendment to an appendix 
or exhibit) that is— 
(i) executed to ensure that the Compact is con-
sistent with this Act; or 
(ii) otherwise authorized by the Compact and this 
Act. 
(4) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 
means the date described in section 10(b). 
(5) FLATHEAD INDIAN IRRIGATION PROJECT.— 
(A) IN GENERAL.—The term ‘‘Flathead Indian irrigation 
project’’ means the Federal irrigation project developed by 
the United States to irrigate land within the Reservation 
pursuant to— 
(i) the Act of April 23, 1904 (33 Stat. 302, chapter 
1495); and 
(ii) the Act of May 29, 1908 (35 Stat. 444, chapter 
216). 
(B) INCLUSIONS.—The term ‘‘Flathead Indian irrigation 
project’’ includes— 
(i) all land and any reservoir, easement, right- 
of-way, canal, ditch, lateral, or any other facility of
H. R. 133—1829 
the project referred to in subparagraph (A) (regardless 
of location on or off the Reservation); and 
(ii) any headgate, pipeline, pump, building, heavy 
equipment, vehicle, supplies, record, copy of a record, 
or any other physical, tangible object of real or personal 
property used in the management and operation of 
the project referred to in subparagraph (A). 
(6) HUNGRY HORSE DAM.—The term ‘‘Hungry Horse Dam’’ 
means the dam that is a part of the Hungry Horse Project. 
(7) HUNGRY
HORSE
PROJECT.—The term ‘‘Hungry Horse 
Project’’ means the project authorized to be carried out by 
the Secretary under the Act of June 5, 1944 (43 U.S.C. 593a 
et seq.). 
(8) HUNGRY HORSE RESERVOIR.—The term ‘‘Hungry Horse 
Reservoir’’ means the reservoir that is a part of the Hungry 
Horse Project. 
(9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304). 
(10) LAW OF ADMINISTRATION.—The term ‘‘Law of Adminis-
tration’’ means the Unitary Administration and Management 
Ordinance, as set forth in Appendix 4 to the Compact. 
(11) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(12) STATE.— 
(A) IN GENERAL.—The term ‘‘State’’ means the State 
of Montana. 
(B) INCLUSIONS.—The term ‘‘State’’ includes all officers, 
agencies, departments, and political subdivisions of the 
State. 
(13) TRIBAL WATER RIGHT.—The term ‘‘Tribal Water Right’’ 
means the water right of the Tribes, as established in— 
(A) the Compact; and 
(B) this Act. 
(14) TRIBES.— 
(A) IN GENERAL.—The term ‘‘Tribes’’ means the Confed-
erated Salish and Kootenai Tribes of the Flathead Reserva-
tion of Montana. 
(B) INCLUSIONS.—The term ‘‘Tribes’’ includes all offi-
cers, agencies, and departments of the Tribes. 
(15) TRUST FUND.—The term ‘‘Trust Fund’’ means the Se´lisˇ- 
Qlispe´ Ksanka Settlement Trust Fund established under section 
8(a). 
(b) DEFINITIONS OF CERTAIN TERMS.—Any term used but not 
defined in this Act, including the terms ‘‘Existing Use’’, ‘‘Historic 
Farm Deliveries’’, ‘‘Instream Flow’’, ‘‘Minimum Reservoir Pool Ele-
vations’’, and ‘‘Reservation’’, shall have the meaning given the term 
in article II of the Compact. 
SEC. 4. RATIFICATION OF COMPACT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—As modified by this Act, the Compact 
is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—Any amendment to the Compact is 
authorized, ratified, and confirmed, to the extent that such 
an amendment—
H. R. 133—1830 
(A) is executed to ensure that the Compact is consistent 
with this Act; or 
(B)(i) is approved by the Secretary; 
(ii) concerns nonmonetary matters; and 
(iii) does not affect the water rights of the Tribes 
determined in the Compact, or any other property held 
in trust by the United States on behalf of the Tribes 
or allottees. 
(3) MODIFICATIONS.—Nothing in this Act— 
(A) precludes the Secretary from approving a modifica-
tion to the Compact, including an appendix or exhibit to 
the Compact, that is consistent with this Act; or 
(B) authorizes amendments or modifications that other-
wise require congressional approval under— 
(i) section 2116 of the Revised Statutes (25 U.S.C. 
177); or 
(ii) any other applicable Federal law. 
(b) EXECUTION.—To the extent that the Compact does not con-
flict with this Act, the Secretary shall execute the Compact, 
including all exhibits to, appendices to, and parts of the Compact 
requiring the signature of the Secretary. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Compact and this 
Act, the Secretary and the Tribes shall ensure compliance 
with— 
(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.); and 
(C) all other applicable environmental laws (including 
regulations). 
(2) PERFORMANCE
OF
COMPLIANCE
ACTIVITIES.—The Sec-
retary and the Tribes shall perform appropriate Federal 
environmental compliance activities relating to any activity 
undertaken by the Secretary or Tribes pursuant to this Act 
prior to commencement of that activity. 
(3) EFFECT OF EXECUTION.— 
(A) IN GENERAL.—The execution of the Compact by 
the Secretary under this section shall not constitute a 
major Federal action for purposes of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(B) COMPLIANCE.—The Secretary shall ensure compli-
ance with all Federal laws and regulations necessary to 
implement the Compact and this Act. 
(d) PUBLIC
AVAILABILITY.—As provided in articles IV.I.b 
(relating to hearings), IV.I.c (relating to the employment of a water 
engineer), and IV.I.7.e (relating to Board records) of the Compact, 
and in recognition of section 9 of article II of the Montana State 
Constitution, all records of the Flathead Reservation Water Manage-
ment Board and the Water Engineer employed by the Board shall 
be open to public inspection. 
SEC. 5. TRIBAL WATER RIGHT. 
(a) INTENT OF CONGRESS.—It is the intent of Congress to pro-
vide to each allottee benefits that are equivalent to, or that exceed, 
the benefits possessed by allottees on the day before the date 
of enactment of this Act, taking into consideration—
H. R. 133—1831 
(1) the potential risks, cost, and time delay associated 
with litigation that would be resolved by the Compact and 
this Act; 
(2) the availability of funding under this Act and from 
other sources; 
(3) the availability of water from the Tribal Water Right; 
and 
(4) the applicability of section 7 of the Act of February 
8, 1887 (25 U.S.C. 381), and this Act to protect the interests 
of allottees. 
(b) CONFIRMATION OF TRIBAL WATER RIGHT.— 
(1) IN GENERAL.—The Tribal Water Right is ratified, con-
firmed, and declared to be valid. 
(2) USE.—Any use of the Tribal Water Right shall be subject 
to the terms and conditions of— 
(A) the Compact; and 
(B) this Act. 
(3) CONFLICT.—In the event of a conflict between the Com-
pact and this Act, the provisions of this Act shall control. 
(c) TRUST STATUS OF TRIBAL WATER RIGHT.—The Tribal Water 
Right— 
(1) shall be held in trust by the United States for the 
use and benefit of the Tribes and allottees in accordance with 
this Act; and 
(2) shall not be subject to forfeiture or abandonment. 
(d) ALLOTTEES.— 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 1887.—The provi-
sions of section 7 of the Act of February 8, 1887 (25 U.S.C. 
381), relating to the use of water for irrigation purposes shall 
apply to the Tribal Water Right. 
(2) ENTITLEMENTS TO WATER.— 
(A) IN
GENERAL.—Any entitlement to water of an 
allottee under Federal law shall be satisfied from the Tribal 
Water Right. 
(B) WATER
FOR
IRRIGATION.—Each allottee shall be 
entitled to a just and equitable allocation of water for 
irrigation purposes, to be enforceable under paragraph 
(3)(B). 
(3) CLAIMS.— 
(A) EXHAUSTION OF REMEDIES.—Before asserting any 
claim against the United States under section 7 of the 
Act of February 8, 1887 (25 U.S.C. 381), or any other 
applicable law, an allottee shall exhaust remedies available 
under— 
(i) the Law of Administration; or 
(ii) other applicable Tribal law. 
(B) WATER FOR IRRIGATION.—After the exhaustion of 
all remedies available under the Law of Administration 
or other applicable Tribal law, an allottee may seek relief 
under section 7 of the Act of February 8, 1887 (25 U.S.C. 
381), or other applicable law, to seek a just and equitable 
allocation of water for irrigation purposes under paragraph 
(2)(B). 
(4) AUTHORITY OF SECRETARY.—The Secretary shall have 
the authority to protect the rights of allottees in accordance 
with this section. 
(e) AUTHORITY OF TRIBES.—
H. R. 133—1833 
satisfy any requirement for authorization of the action by treaty 
or convention under section 2116 of the Revised Statutes (25 
U.S.C. 177). 
(3) PROHIBITION ON FORFEITURE.—The nonuse of all, or 
any portion of, the Tribal Water Right by a lessee or contractor 
shall not result in the forfeiture, abandonment, relinquishment, 
or other loss of all, or any portion of, the Tribal Water Right. 
(h) EFFECT.—Except as otherwise expressly provided in this 
section, nothing in this Act— 
(1) authorizes any action by an allottee against any indi-
vidual or entity, or against the Tribes, under Federal, State, 
Tribal, or local law; or 
(2) alters or affects the status of any action brought pursu-
ant to section 1491(a) of title 28, United States Code. 
SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR. 
(a) STORAGE ALLOCATION TO TRIBES.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
shall allocate to the Tribes 90,000 acre-feet per year, as meas-
ured at the Hungry Horse Dam, of storage water in Hungry 
Horse Reservoir for use by the Tribes for any beneficial purpose 
on or off the Reservation under a water right held by the 
United States and managed by the Bureau of Reclamation. 
(2) LIMITATIONS.—The allocation under paragraph (1) shall 
be subject to— 
(A) Appendix 7 to the Compact, entitled ‘‘Flathead 
Basin Tribal Depletions Study’’, prepared by the Bureau 
of Reclamation, and dated September 2012; and 
(B) Appendix 8 to the Compact, entitled ‘‘Hungry Horse 
Reservoir, Montana: Biological Impact Evaluation and 
Operational Constraints for a proposed 90,000-acre-foot 
withdrawal’’, prepared by the State, as revised on Sep-
tember 14, 2011. 
(b) TREATMENT.— 
(1) IN GENERAL.—The allocation under subsection (a) shall 
be considered to be part of the Tribal Water Right. 
(2) ADMINISTRATION.—The Tribes shall administer the 
water allocated under subsection (a) in accordance with, and 
subject to the limitations of, the Compact and this Act. 
(c) ALLOCATION AGREEMENT.— 
(1) IN GENERAL.—As a condition of receiving the allocation 
under subsection (a), the Tribes shall enter into an agreement 
with the Secretary to establish the terms and conditions of 
the allocation, in accordance with the Compact and this Act. 
(2) INCLUSIONS.—The agreement under paragraph (1) shall 
include provisions establishing that— 
(A) the agreement shall be without a limit as to a 
term; 
(B) the Tribes, and not the United States, shall be 
entitled to all consideration due to the Tribes under any 
lease, contract, or agreement entered into by the Tribes 
pursuant to subsection (d); 
(C) the United States shall have no obligation to mon-
itor, administer, or account for— 
(i) any funds received by the Tribes as consider-
ation under any lease, contract, or agreement entered 
into by the Tribes pursuant to subsection (d); or
H. R. 133—1834 
(ii) the expenditure of those funds; 
(D) if the capacity or function of any facility of Hungry 
Horse Reservoir or Hungry Horse Dam is significantly 
reduced, or is anticipated to be significantly reduced, for 
an extended period of time, the Tribes shall have the 
same storage rights as other storage contractors with 
respect to the allocation under subsection (a); 
(E) the costs associated with the construction and oper-
ation of the storage facilities at Hungry Horse Reservoir 
and Hungry Horse Dam allocable to the Tribes shall be 
nonreimbursable; 
(F) no water service capital charge shall be due or 
payable for the agreement or any water allocated under 
subsection (a), regardless of whether that water is delivered 
for use by the Tribes or under a lease, contract, or by 
an agreement entered into by the Tribes pursuant to sub-
section (d); 
(G) the Tribes shall not be required to make payments 
to the United States for the agreement or any water allo-
cated under subsection (a), except for each acre-foot of 
stored water leased or transferred for industrial purposes; 
(H) for each acre-foot of stored water leased by the 
Tribes for industrial purposes— 
(i) the Tribes shall pay annually to the United 
States an amount sufficient to cover the proportionate 
share of the annual operation, maintenance, and 
replacement costs for the Hungry Horse Project allo-
cable to that quantity of water; and 
(ii) the annual payments of the Tribes shall be 
reviewed and adjusted, as appropriate, to reflect the 
actual operation, maintenance, and replacement costs 
for the Hungry Horse Project; and 
(I) the costs described in subparagraphs (G) and (H) 
shall not apply to any lease or transfer for industrial pur-
poses to— 
(i) any entity of the Tribes; or 
(ii) any entity wholly owned by the Tribes. 
(d) AGREEMENTS BY TRIBES.—The Tribes may use, lease, con-
tract, exchange, or enter into other agreements for use of the 
water allocated under subsection (a) if— 
(1) the water that is the subject of the agreement is used 
within the Flathead Basin or the Clark Fork Basin within 
the State; and 
(2) the agreement does not permanently alienate any por-
tion of water allocated under subsection (a). 
(e) MITIGATION WATER.—Notwithstanding section 5(e)(2), the 
Tribes shall make available for lease not more than 11,000 acre- 
feet per year of the water allocated under subsection (a), in accord-
ance with the Compact. 
(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 developing or delivering 
any water allocated under subsection (a). 
(h) NEW USES.—Except as provided in article III.C.1.c of the 
Compact, the Tribes shall not develop any new use for the allocation
H. R. 133—1835 
under subsection (a) until the date on which the agreement entered 
into under subsection (c) takes effect. 
(i) EFFECTIVE DATE.—The allocation under subsection (a) takes 
effect on the enforceability date. 
SEC. 7. IRRIGATION PROJECT-RELATED COMPACT IMPLEMENTATION. 
(a) PURPOSES.—The purposes of this section are— 
(1) to implement key provisions of the Compact regarding 
the Tribal Water Right by authorizing and carrying out the 
activities described in subsection (b) relative to components 
of the Flathead Indian irrigation project, in order— 
(A) to conserve water resources, enhance fish and wild-
life habitat, especially habitat of threatened and endan-
gered species, and improve the movement of fish through 
and around Flathead Indian irrigation project facilities; 
(B) to ensure that the necessary water supplies are 
provided to protect Instream Flow, Existing Uses, and His-
toric Farm Deliveries; 
(C) to provide for the safe and efficient storage, 
delivery, and routing of water; and 
(D) to dedicate the water thereby saved through mod-
ernization and rehabilitation activities to the water rights 
of the Tribes for Instream Flow and Minimum Reservoir 
Pool Elevations; 
(2) to require that, in carrying out the activities under 
subsection (b), the Secretary and the Tribes— 
(A) are guided by existing studies commissioned by 
the Secretary and the Tribes that identify current facility 
conditions and describe future modernization recommenda-
tions; 
(B) recognize the need to maintain flexibility and 
modify the guidance provided by the studies described in 
subparagraph (A), as appropriate and consistent with the 
processes established and entities designated in the Com-
pact; and 
(C) carry out all such activities that can be accom-
plished in a cost-effective manner and that are consistent 
with the Compact; and 
(3) to ensure the prudent and knowledgeable conservation, 
management, and protection of the water resources of the Res-
ervation through the activities described in subsection (b), 
which will ensure the protection of the Reservation as the 
permanent homeland of the Tribes in accordance with the treaty 
between the United States and the Tribes concluded at Hell 
Gate on July 16, 1855 (12 Stat. 975). 
(b) ACTIVITIES.—Subject to the availability of appropriations, 
the Secretary, or on the request of the Tribes, the Tribes on behalf 
of the Secretary under title IV of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5361 et seq.), shall in 
accordance with subsection (c) carry out the following activities 
relating to the Flathead Indian irrigation project: 
(1) REHABILITATION AND MODERNIZATION.— 
(A) Rehabilitation and modernization of structures, 
canals, and pumping facilities, including dam safety 
improvements, irrigation facility upgrades that improve 
water management and operational control at irrigation 
diversion works, and irrigation facility upgrades to reduce
H. R. 133—1836 
losses in conveyance of water from irrigation sources of 
supply to irrigation points of use, in accordance with the 
Compact. 
(B) Planning, design, and construction of additional 
pumping facilities. 
(C) Operational improvements to infrastructure within 
the distribution network of the Flathead Indian irrigation 
project. 
(D) Reconstruction, replacement, and automation at 
irrigation diversion works. 
(E) Lining of open canals, and placement of open canals 
in pipe. 
(F) Fencing and physical project access enhancements. 
(2) MITIGATION, RECLAMATION, AND RESTORATION.— 
(A) Mitigation, reclamation, and restoration of streams, 
wetlands, banks, slopes, and wasteways within, appur-
tenant to, or affected by the Flathead Indian irrigation 
project. 
(B) The installation of screens, barriers, passages, or 
ladders to prevent fish entrainment in irrigation ditches 
and canals within, or appurtenant to, the Flathead Indian 
irrigation project. 
(3) ACQUISITION OF INTERESTS.—Acquisition of easements 
or other interests in real property necessary to carry out any 
activity under this section. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN
GENERAL.—Prior to the commencement of any 
activity under subsection (b), the Secretary, or the Tribes if 
the Tribes elect to perform the activities on behalf of the Sec-
retary under title IV of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5361 et seq.), shall perform 
appropriate environmental, cultural, and historical compliance 
activities relating to the activity, including to ensure compliance 
with— 
(A) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
(B) division A of subtitle III of title 54, United States 
Code (formerly known as the ‘‘National Historic Preserva-
tion Act’’ (16 U.S.C. 470 et seq.)). 
(2) COSTS.—All costs associated with the performance of 
compliance activities under paragraph (1) shall be paid with 
funds deposited in the Trust Fund, on the condition that any 
costs associated with the performance of Federal approval or 
other review of such compliance work or costs associated with 
inherently Federal functions shall remain the responsibility 
of the Secretary. 
(d) FUNDING.— 
(1) INDIAN
SELF-DETERMINATION
AND
EDUCATION
ASSIST-
ANCE ACT COMPACTING.— 
(A) FUNDING AUTHORITY AND AGREEMENTS.—Notwith-
standing any other provision of law, if the Tribes elect 
to perform all activities described in subsection (b) on behalf 
of the Secretary, the Secretary shall enter into a self- 
governance agreement with the Tribes under title IV of 
the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5361 et seq.) covering all such activities.