SEC. 19. WATER RIGHTS IN LEWIS AND CLARK NATIONAL 
FOREST AND GLACIER NATIONAL PARK. 
The instream flow water rights of the Tribe on land 
within the Lewis and Clark National Forest and Glacier 
National Park— 
(1) are confirmed; and 
(2) shall be as described in the document enti-
tled ‘‘Stipulation to Address Claims by and for the 
Benefit of the Blackfeet Indian Tribe to Water 
Rights in the Lewis & Clark National Forest and 
Glacier National Park,’’ dated llllll, and 
as finally decreed by the Montana Water Court, or, 
if the Montana Water Court is found to lack juris-
diction, by the United States district court with ju-
risdiction. 
SEC. 20. WAIVERS AND RELEASES OF CLAIMS. 
(a) IN GENERAL.— 
(1) WAIVER
AND
RELEASE
OF
CLAIMS
BY 
TRIBE
AND
UNITED
STATES
AS
TRUSTEE
FOR 
TRIBE.—Subject to the reservation of rights and re-
tention of claims under subsection (c), as consider-
ation for recognition of the Tribal water rights and 
other benefits as described in the Compact and this 
Act, the Tribe, acting on behalf of the Tribe and 
members of the Tribe (but not any member of the 
Tribe as an allottee), and the United States, acting 
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as trustee for the Tribe and the members of the 
Tribe (but not any member of the Tribe as an allot-
tee), shall execute a waiver and release of all claims 
for water rights within the State that the Tribe, or 
the United States acting as trustee for the Tribe, as-
serted or could have asserted in any proceeding, in-
cluding a State stream adjudication, on or before the 
enforceability date, except to the extent that such 
rights are recognized in the Compact and this Act. 
(2) WAIVER
AND
RELEASE
OF
CLAIMS
BY 
UNITED
STATES
AS
TRUSTEE
FOR
ALLOTTEES.— 
Subject to the reservation of rights and the retention 
of claims under subsection (c), as consideration for 
recognition of the Tribal water rights and other ben-
efits as described in the Compact and this Act, the 
United States, acting as trustee for 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 Act. 
(3) WAIVER
AND
RELEASE
OF
CLAIMS
BY 
TRIBE
AGAINST
UNITED
STATES.—Subject to the 
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reservation of rights and retention of claims under 
subsection (d), the Tribe, acting on behalf of the 
Tribe and members of the Tribe (but not any mem-
ber of the Tribe as an allottee), shall execute a waiv-
er and release of all claims against the United 
States (including any agency or employee of the 
United States)— 
(A) relating to— 
(i) water rights within the State that 
the United States, acting as trustee for the 
Tribe, asserted or could have asserted in 
any proceeding, including a stream adju-
dication in the State, except to the extent 
that such rights are recognized as Tribal 
water rights under this Act; 
(ii) damage, loss, or injury to water, 
water rights, land, or natural resources 
due to loss of water or water rights (in-
cluding damages, losses, or injuries to 
hunting, fishing, gathering, or cultural 
rights due to loss of water or water rights, 
claims relating to interference with, diver-
sion, or taking of water, or claims relating 
to failure to protect, acquire, replace, or 
develop water, water rights, or water infra-
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structure) within the State that first ac-
crued at any time on or before the enforce-
ability date; 
(iii) a failure to establish or provide a 
municipal rural or industrial water delivery 
system on the Reservation; 
(iv) a failure to provide for operation 
or maintenance, or deferred maintenance, 
for the Blackfeet Irrigation Project or any 
other irrigation system or irrigation project 
on the Reservation; 
(v) the litigation of claims relating to 
the water rights of the Tribe in the State; 
and 
(vi) the negotiation, execution, or 
adoption of the Compact (including exhib-
its) or this Act; 
(B) reserved in subsections (b) through (d) 
of section 6 of the settlement for the case styled 
Blackfeet Tribe v. United States, No. 02–127L 
(Fed. Cl. 2012); and 
(C) that first accrued at any time on or 
before the enforceability date— 
(i) arising from the taking or acquisi-
tion of the land of the Tribe or resources 
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for the construction of the features of the 
St. Mary Unit of the Milk River Project; 
(ii) relating to the construction, oper-
ation, and maintenance of the St. Mary 
Unit of the Milk River Project, including 
Sherburne Dam, St. Mary Diversion Dam, 
St. Mary Canal and associated infrastruc-
ture, and the management of flows in 
Swiftcurrent Creek, including the diversion 
of Swiftcurrent Creek into Lower St. Mary 
Lake; 
(iii) relating to the construction, oper-
ation, and management of Lower Two 
Medicine Dam and Reservoir and Four 
Horns Dam and Reservoir, including any 
claim relating to the failure to provide dam 
safety improvements for Four Horns Res-
ervoir; or 
(iv) relating to the allocation of 
waters of the Milk River and St. Mary 
River (including tributaries) between the 
United States and Canada pursuant to the 
International Boundary Waters Treaty of 
1909 (36 Stat. 2448). 
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(b) EFFECTIVENESS.—The waivers and releases 
under subsection (a) shall take effect on the enforceability 
date. 
(c) WITHDRAWAL OF OBJECTIONS.—The Tribe shall 
withdraw all objections to the water rights claims filed by 
the United States for the benefit of the Milk River Project, 
except objections to those claims consolidated for adjudica-
tion within Basin 40J, within 14 days of the certification 
under section 20(f)(5) that the Tribal membership has ap-
proved the Compact and this Act. 
(1) Prior to withdrawal of the objections, the 
Tribe may seek leave of the Montana Water Court 
for a right to reinstate the objections in the event 
the conditions of enforceability in section 20(f) (1) 
through (8) are not satisfied by the date of expira-
tion described in section 23 of this Act. 
(2) If the conditions of enforceability in section 
20(f) (1) through (8) are satisfied, and any author-
ity the Montana Water Court may have granted the 
Tribe to reinstate objections described in this section 
has not yet expired, the Tribe shall notify the Mon-
tana Water Court and the United States in writing 
that it will not exercise any such authority. 
(d) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases under 
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subsection (a), the Tribe, acting on behalf of the Tribe 
and members of the Tribe, and the United States, acting 
as trustee for the Tribe and allottees, shall retain— 
(1) all claims relating to— 
(A) enforcement of, or claims accruing 
after the enforceability date relating to water 
rights recognized under, the Compact, any final 
decree, or this Act; 
(B) activities affecting the quality of 
water, including any claim under— 
(i) the Comprehensive Environmental 
Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), includ-
ing damages to natural resources; 
(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.) (com-
monly referred to as the ‘‘Clean Water 
Act’’); and 
(iv) any regulations implementing the 
Acts described in clauses (i) through (iii); 
or 
(C) damage, loss, or injury to land or nat-
ural resources that are not due to loss of water 
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or water rights (including hunting, fishing, 
gathering, or cultural rights); 
(2) all rights to use and protect water rights ac-
quired after the date of enactment of this Act; and 
(3) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this Act or the Compact. 
(e) EFFECT OF COMPACT AND ACT.—Nothing in the 
Compact or this Act— 
(1) affects the ability of the United States, act-
ing as a sovereign, to take any action authorized by 
law (including any law relating to health, safety, or 
the environment), including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, 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 re-
ferred to as the ‘‘Clean Water Act’’); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
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(2) affects the ability of the United States to 
act as trustee for any other Indian tribe or allottee 
of any other Indian tribe; 
(3) 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 pursuant to a Federal 
law regarding health, safety, or the environ-
ment; or 
(C) to conduct judicial review of a Federal 
agency action; 
(4) waives any claim of a member of the Tribe 
in an individual capacity that does not derive from 
a right of the Tribe; 
(5) revives any claim waived by the Tribe in the 
case styled Blackfeet Tribe v. United States, No. 
02–127L (Fed. Cl. 2012); or 
(6) revives any claim released by an allottee or 
a tribal member in the settlement for the case styled 
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— 
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(1)(A) the Montana Water Court has approved 
the Compact, and that decision has become final and 
nonappealable; or 
(B) if the Montana Water Court is found to 
lack jurisdiction, the appropriate United States dis-
trict court has approved the Compact, and that deci-
sion has become final and nonappealable; 
(2) all amounts authorized under section 18(a) 
have been appropriated; 
(3) the agreements required by sections 6(c), 
7(f), and 9(c) have been executed; 
(4) the State has appropriated and paid into an 
interest-bearing escrow account any payments due 
as of the date of enactment of this Act to the Tribe 
under the Compact, the Birch Creek Agreement, and 
this Act; 
(5) the members of the Tribe have voted to ap-
prove this Act and the Compact by a majority of 
votes cast on the day of the vote, as certified by the 
Secretary and the Tribe; 
(6) the Secretary has fulfilled the requirements 
of section 9(a); 
(7) the agreement or terms and conditions re-
ferred to in section 5 are executed and final; and 
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(8) the waivers and releases described in sub-
section (a) have been executed by the Tribe and the 
Secretary. 
(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 
during the period beginning on the date of enact-
ment 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 ex-
pired before the date of enactment of this Act. 
(h) EXPIRATION.—If all appropriations authorized by 
this Act have not been made available to the Secretary 
by January 21, 2026, the waivers and releases described 
in this section shall— 
(1) expire; and 
(2) have no further force or effect. 
(i) VOIDING OF WAIVERS.—If the waivers and re-
leases described in this section are void under subsection 
(g)— 
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(1) the approval of the United States of the 
Compact under section 4 shall no longer be effective; 
(2) any unexpended Federal funds appropriated 
or made available to carry out the activities author-
ized 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 
under this Act shall be returned to the Federal Gov-
ernment, unless otherwise agreed to by the Tribe 
and the United States and approved by Congress; 
and 
(3) except for Federal funds used to acquire or 
develop property that is returned to the Federal 
Government under paragraph (2), the United States 
shall be entitled to offset any Federal funds appro-
priated or made available to carry out the activities 
authorized under this Act that were expended or 
withdrawn, together with any interest accrued, 
against any claims against the United States relat-
ing to water rights in the State asserted by the 
Tribe or any user of the Tribal water rights or in 
any future settlement of the water rights of the 
Tribe or an allottee. 
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