I 
114TH CONGRESS 
2D SESSION 
H. R. 5633 
To authorize and implement the water rights compact among the Blackfeet 
Tribe of the Blackfeet Indian Reservation, the State of Montana, and 
the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 6, 2016 
Mr. ZINKE introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To authorize and implement the water rights compact among 
the Blackfeet Tribe of the Blackfeet Indian Reservation, 
the State of Montana, and the United States, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Blackfeet Water 
Rights Settlement Act’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
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(B) held in trust by the United States. 
(2) BIRCH
CREEK
AGREEMENT.—The term 
‘‘Birch Creek Agreement’’ means— 
(A) the agreement between the Tribe and 
the State regarding Birch Creek water use 
dated January 31, 2008 (as amended on Feb-
ruary 13, 2009); and 
(B) any amendment or exhibit (including 
exhibit amendments) to that agreement that is 
executed in accordance with this Act. 
(3) BLACKFEET
IRRIGATION
PROJECT.—The 
term ‘‘Blackfeet Irrigation Project’’ means the irri-
gation project authorized by the matter under the 
heading ‘‘Montana’’ of title II of the Act of March 
1, 1907 (34 Stat. 1035, chapter 2285), and admin-
istered by the Bureau of Indian Affairs. 
(4) COMPACT.—The term ‘‘Compact’’ means— 
(A) the Blackfeet-Montana water rights 
compact dated April 15, 2009, as contained in 
section 85–20–1501 of the Montana Code An-
notated (2015); and 
(B) any amendment or exhibit (including 
exhibit amendments) to the Compact that is ex-
ecuted to make the Compact consistent with 
this Act. 
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(5) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date described in sec-
tion 20(f). 
(6) LAKE ELWELL.—The term ‘‘Lake Elwell’’ 
means the water impounded on the Marias River in 
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 De-
cember 22, 1944 (commonly known as the ‘‘Flood 
Control Act of 1944’’) (58 Stat. 891, chapter 665). 
(7) MILK RIVER BASIN.—The term ‘‘Milk River 
Basin’’ means the North Fork, Middle Fork, South 
Fork, and main stem of the Milk River and tribu-
taries, from the headwaters to the confluence with 
the Missouri River. 
(8) MILK RIVER PROJECT.— 
(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), 
commencing at Lake Sherburne Reservoir and 
providing water to a point approximately 6 
miles east of Nashua, Montana. 
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(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. 
(9) MILK
RIVER
PROJECT
WATER
RIGHTS.— 
The term ‘‘Milk River Project water rights’’ means 
the water rights held by the Bureau of Reclamation 
on behalf of the Milk River Project, as finally adju-
dicated by the Montana Water Court. 
(10) MILK
RIVER
WATER
RIGHT.—The term 
‘‘Milk River water right’’ means the portion of the 
Tribal water rights described in article III.F of the 
Compact and this Act. 
(11) MISSOURI RIVER BASIN.—The term ‘‘Mis-
souri River Basin’’ means the hydrologic basin of 
the Missouri River (including tributaries). 
(12) MR&I SYSTEM.—The term ‘‘MR&I Sys-
tem’’ means the intake, treatment, pumping, stor-
age, pipelines, appurtenant items, and any other fea-
ture of the system, as generally described in the doc-
ument entitled ‘‘Blackfeet Regional Water System’’, 
prepared by DOWL HKM, and dated June 2010, 
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and modified by DOWL HKM, as set out in the ad-
dendum to the report dated March 2013. 
(13) OM&R.—The term ‘‘OM&R’’ 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 replacing a fea-
ture of a project. 
(14) RESERVATION.—The term ‘‘Reservation’’ 
means the Blackfeet Indian Reservation of Montana, 
as— 
(A) established by the Treaty of October 
17, 1855 (11 Stat. 657); and 
(B) modified by— 
(i) the Executive order of July 5, 
1873 (relating to the Blackfeet Reserve); 
(ii) the Act of April 15, 1874 (18 
Stat. 28, chapter 96); 
(iii) the Executive order of August 19, 
1874 (relating to the Blackfeet Reserve); 
(iv) the Executive order of April 13, 
1875 (relating to the Blackfeet Reserve); 
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(v) the Executive order of July 13, 
1880 (relating to the Blackfeet Reserve); 
(vi) the Agreement with the Blackfeet, 
ratified by the Act of May 1, 1888 (25 
Stat. 113, chapter 213); and 
(vii) the Agreement with the Black-
feet, ratified by the Act of June 10, 1896 
(29 Stat. 353, chapter 398). 
(15) ST. MARY
RIVER
WATER
RIGHT.—The 
term ‘‘St. Mary River water right’’ means that por-
tion of the Tribal water rights described in article 
III.G.1.a.i. of the Compact and this Act. 
(16) ST. MARY UNIT.— 
(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 
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(v) St. Mary Canal and appur-
tenances. 
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(18) STATE.—The term ‘‘State’’ means the 
State of Montana. 
(19) SWIFTCURRENT CREEK BANK STABILIZA-
TION
PROJECT.—The term ‘‘Swiftcurrent Creek 
Bank Stabilization Project’’ means the project to 
mitigate the physical and environmental problems 
associated with the St. Mary Unit from Sherburne 
Dam to the St. Mary River, as described in the re-
port entitled ‘‘Boulder/Swiftcurrent Creek Stabiliza-
tion Project, Phase II Investigations Report’’, pre-
pared by DOWL HKM, and dated March 2012. 
(20) TRIBAL WATER RIGHTS.—The term ‘‘Trib-
al water rights’’ means the water rights of the Tribe 
described in article III of the Compact and this Act, 
including— 
(A) the Lake Elwell allocation provided to 
the Tribe under section 9; and 
(B) the instream flow water rights de-
scribed in section 19. 
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(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Com-
pact and this Act, 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.); and 
(C) all other applicable environmental laws 
and regulations. 
(2) 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 Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(B) COMPLIANCE.—The Secretary shall 
carry out all Federal compliance activities nec-
essary to implement the Compact and this Act. 
SEC. 5. MILK RIVER WATER RIGHT. 
(a) IN GENERAL.—With respect to the Milk River 
water right, the Tribe— 
(1) may continue the historical uses and the 
uses in existence on the date of enactment of this 
Act; and 
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(2) except as provided in article III.F.1.d of the 
Compact, shall not develop new uses until the date 
on which— 
(A) the Tribe has entered into the agree-
ment described in subsection (c); or 
(B) the Secretary has established the 
terms and conditions described in subsection 
(e). 
(b) WATER RIGHTS ARISING UNDER STATE LAW.— 
With respect to any water rights arising under State law 
in the Milk River Basin owned or acquired by the Tribe, 
the Tribe— 
(1) may continue any use in existence on the 
date of enactment of this Act; and 
(2) shall not change any use until the date on 
which— 
(A) the Tribe has entered into the agree-
ment described in subsection (c); or 
(B) the Secretary has established the 
terms and conditions described in subsection 
(e). 
(c) TRIBAL AGREEMENT.— 
(1) IN
GENERAL.—In consultation with the 
Commissioner of Reclamation and the Director of 
the Bureau of Indian Affairs, the Tribe and the 
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Fort Belknap Indian Community shall enter into an 
agreement to provide for the exercise of their respec-
tive water rights on the respective reservations of 
the Tribe and the Fort Belknap Indian Community 
in the Milk River. 
(2) CONSIDERATIONS.—The agreement entered 
into under paragraph (1) shall take into consider-
ation— 
(A) the equal priority dates of the 2 Indian 
tribes; 
(B) the water supplies of the Milk River; 
and 
(C) historical, current, and future uses 
identified by each Indian tribe. 
(d) SECRETARIAL DETERMINATION.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date on which the agreement described in 
subsection (c) is submitted to the Secretary, the Sec-
retary shall review and approve or disapprove the 
agreement. 
(2) APPROVAL.—The Secretary shall approve 
the agreement if the Secretary finds that the agree-
ment— 
(A) equitably accommodates the interests 
of each Indian tribe in the Milk River; 
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(B) adequately considers the factors de-
scribed in subsection (c)(2); and 
(C) is otherwise in accordance with appli-
cable law. 
(3) DEADLINE
EXTENSION.—The deadline to 
review the agreement described in paragraph (1) 
may be extended by the Secretary after consultation 
with the Tribe and the Fort Belknap Indian Com-
munity. 
(e) SECRETARIAL DECISION.— 
(1) IN GENERAL.—If the Tribe and the Fort 
Belknap Indian Community do not, by 3 years after 
the Secretary certifies under section 20(f)(5) that 
the Tribal membership has approved the Compact 
and this Act, enter into an agreement approved 
under subsection d(2), the Secretary, in the Sec-
retary’s sole discretion, shall establish, after con-
sultation with the Tribe and the Fort Belknap In-
dian Community, terms and conditions that reflect 
the considerations described in subsection (c)(2) by 
which the respective water rights of the Tribe and 
the Fort Belknap Indian Community in the Milk 
River may be exercised. 
(2) CONSIDERATION
AS
FINAL
AGENCY
AC-
TION.—The establishment by the Secretary of terms 
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and conditions under paragraph (1) shall be consid-
ered to be a final agency action for purposes of re-
view under chapter 7 of title 5, United States Code. 
(3) JUDICIAL REVIEW.—An action for judicial 
review pursuant to this section shall be brought by 
not later than the date that is 1 year after the date 
of notification of the establishment of the terms and 
conditions under this subsection. 
(4) 
INCORPORATION
INTO
DECREES.—The 
agreement under subsection (c), or the decision of 
the Secretary under this subsection, shall be filed 
with the Montana Water Court, or the district court 
with jurisdiction, for incorporation into the final de-
crees of the Tribe and the Fort Belknap Indian 
Community. 
(5) EFFECTIVE DATE.—The agreement under 
subsection (c) and a decision of the Secretary under 
this subsection— 
(A) shall be effective immediately; and 
(B) may not be modified absent— 
(i) the approval of the Secretary; and 
(ii) the consent of the Tribe and the 
Fort Belknap Indian Community. 
(f) USE OF FUNDS.—The Secretary shall distribute 
equally 
the 
funds 
made 
available 
under 
section 
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18(a)(2)(C)(ii) to the Tribe and the Fort Belknap Indian 
Community to use to reach an agreement under this sec-
tion, including for technical analyses and legal and other 
related efforts. 
SEC. 6. WATER DELIVERY THROUGH MILK RIVER PROJECT. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary, acting through the Commis-
sioner of Reclamation, shall carry out the activities au-
thorized under this section with respect to the St. Mary 
River water right. 
(b) TREATMENT.—Notwithstanding article IV.D.4 of 
the Compact, any responsibility of the United States with 
respect to the St. Mary River water right shall be limited 
to, and fulfilled pursuant to— 
(1) subsection (c) of this section; and 
(2) subsection (b)(3) of section 16 and sub-
section (a)(1)(C) of section 18. 
(c) WATER DELIVERY CONTRACT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the enforceability date, the Secretary shall 
enter into a water delivery contract with the Tribe 
for the delivery of not greater than 5,000 acre-feet 
per year of the St. Mary River water right through 
Milk River Project facilities to the Tribe or another 
entity specified by the Tribe. 
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(2) TERMS
AND
CONDITIONS.—The contract 
under paragraph (1) shall establish the terms and 
conditions for the water deliveries described in para-
graph (1) in accordance with the Compact and this 
Act. 
(3) REQUIREMENTS.—The water delivery con-
tract under paragraph (1) shall include provisions 
requiring that— 
(A) the contract shall be without limit as 
to term; 
(B) the Tribe, and not the United States, 
shall collect, and shall be entitled to, all consid-
eration due to the Tribe under any lease, con-
tract, or agreement entered into by the Tribe 
pursuant to subsection (f); 
(C) the United States shall have no obliga-
tion to monitor, administer, or account for— 
(i) any funds received by the Tribe as 
consideration under any lease, contract, or 
agreement entered into by the Tribe pursu-
ant to subsection (f); or 
(ii) the expenditure of such funds; 
(D) if water deliveries under the contract 
are interrupted for an extended period of time 
because of damage to, or a reduction in the ca-
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pacity of, St. Mary Unit facilities, the rights of 
the Tribe shall be treated in the same manner 
as the rights of other contractors receiving 
water deliveries through the Milk River Project 
with respect to the water delivered under this 
section; 
(E) deliveries of water under this section 
shall be— 
(i) limited to not greater than 5,000 
acre-feet of water in any 1 year; 
(ii) consistent with operations of the 
Milk River Project and without additional 
costs to the Bureau of Reclamation, in-
cluding operation, maintenance, and re-
placement costs; and 
(iii) without additional cost to the 
Milk River Project water users; and 
(F) the Tribe shall be required to pay 
OM&R for water delivered under this section. 
(d) SHORTAGE SHARING OR REDUCTION.— 
(1) IN GENERAL.—The 5,000 acre-feet per year 
of water delivered under paragraph (3)(E)(i) of sub-
section (c) shall not be subject to shortage sharing 
or reduction, except as provided in paragraph (3)(D) 
of that subsection. 
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(2) NO
INJURY
TO
MILK
RIVER
PROJECT 
WATER USERS.—Notwithstanding article IV.D.4 of 
the Compact, any reduction in the Milk River 
Project water supply caused by the delivery of water 
under subsection (c) shall not constitute injury to 
Milk River Project water users. 
(e) SUBSEQUENT CONTRACTS.— 
(1) IN GENERAL.—As part of the studies au-
thorized by section 7(c)(1), the Secretary, acting 
through the Commissioner of Reclamation, and in 
cooperation with the Tribe, shall identify alternatives 
to provide to the Tribe water from the St. Mary 
River water right in quantities greater than the 
5,000 acre-feet per year of water described in sub-
section (c)(3)(E)(i). 
(2) CONTRACT FOR WATER DELIVERY.—If the 
Secretary determines under paragraph (1) that more 
than 5,000 acre-feet per year of the St. Mary River 
water right can be delivered to the Tribe, the Sec-
retary shall offer to enter into 1 or more contracts 
with the Tribe for the delivery of that water, subject 
to the requirements of subsection (c)(3), except sub-
section (c)(3)(E)(i), and this subsection. 
(3) TREATMENT.—Any delivery of water under 
this subsection shall be subject to reduction in the 
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same manner as for Milk River Project contract 
holders. 
(f) SUBCONTRACTS.— 
(1) IN GENERAL.—The Tribe may enter into 
any subcontract for the delivery of water under this 
section to a third party, in accordance with section 
15(e). 
(2) COMPLIANCE WITH OTHER LAW.—All sub-
contracts described in paragraph (1) shall comply 
with— 
(A) this Act; 
(B) the Compact; 
(C) the tribal water code; and 
(D) other applicable law. 
(3) NO LIABILITY.—The Secretary shall not be 
liable to any party, including the Tribe, for any term 
of, or any loss or other detriment resulting from, a 
lease, contract, or other agreement entered into pur-
suant to this subsection. 
(g) EFFECT OF PROVISIONS.—Nothing in this sec-
tion— 
(1) precludes the Tribe from taking the water 
described in subsection (c)(3)(E)(i), or any addi-
tional water provided under subsection (e), from the 
direct flow of the St. Mary River; or 
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(2) modifies the quantity of the Tribal water 
rights described in article III.G.1. of the Compact. 
(h) OTHER RIGHTS.—Notwithstanding the require-
ments of article III.G.1.d of the Compact, after satisfac-
tion of all water rights under State law for use of St. Mary 
River water, including the Milk River Project water rights, 
the Tribe shall have the right to the remaining portion 
of the share of the United States in the St. Mary River 
under the International Boundary Waters Treaty of 1909 
(36 Stat. 2448) for any tribally authorized use or need 
consistent with this Act. 
SEC. 7. BUREAU OF RECLAMATION ACTIVITIES TO IM-
PROVE WATER MANAGEMENT. 
(a) MILK RIVER PROJECT PURPOSES.—The pur-
poses of the Milk River Project shall include— 
(1) irrigation; 
(2) flood control; 
(3) the protection of fish and wildlife; 
(4) recreation; 
(5) the provision of municipal, rural, and indus-
trial water supply; and 
(6) hydroelectric power generation. 
(b) USE OF MILK RIVER PROJECT FACILITIES FOR 
THE BENEFIT OF TRIBE.—The use of Milk River Project 
facilities to transport water for the Tribe pursuant to sub-
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sections (c) and (e) of section 6, together with any use 
by the Tribe of that water in accordance with this Act— 
(1) shall be considered to be an authorized pur-
pose of the Milk River Project; and 
(2) shall not change the priority date of any 
Tribal water rights. 
(c) ST. MARY RIVER STUDIES.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations, the Secretary, in cooperation with 
the Tribe and the State, shall conduct— 
(A) an appraisal study— 
(i) to develop a plan for the manage-
ment and development of water supplies in 
the St. Mary River Basin and Milk River 
Basin, including the St. Mary River and 
Milk River water supplies for the Tribe 
and the Milk River water supplies for the 
Fort Belknap Indian Community; and 
(ii) to identify alternatives to develop 
additional water of the St. Mary River for 
the Tribe; and 
(B) a feasibility study— 
(i) using the information resulting 
from the appraisal study conducted under 
paragraph (1) and such other information 
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as is relevant, to evaluate the feasibility 
of— 
(I) alternatives for the rehabilita-
tion of the St. Mary Diversion Dam 
and Canal; and 
(II) increased storage in Fresno 
Dam and Reservoir; and 
(ii) to create a cost allocation study 
that is based on the authorized purposes 
described in subsections (a) and (b). 
(2) COOPERATIVE AGREEMENT.—On request of 
the Tribe, the Secretary shall enter into a coopera-
tive agreement with the Tribe with respect to the 
portion of the appraisal study described in para-
graph (1)(A). 
(3) COSTS
NONREIMBURSABLE.—The cost of 
the studies under this subsection shall not be— 
(A) considered to be a cost of the Milk 
River Project; or 
(B) reimbursable in accordance with the 
reclamation laws. 
(d) SWIFTCURRENT CREEK BANK STABILIZATION.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations, the Secretary, acting through the 
Commissioner of Reclamation, shall carry out appro-
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priate activities concerning the Swiftcurrent Creek 
Bank Stabilization Project, including— 
(A) a review of the final project design; 
and 
(B) value engineering analyses. 
(2) MODIFICATION OF FINAL DESIGN.—Prior to 
beginning construction activities for the Swiftcurrent 
Creek Bank Stabilization Project, on the basis of the 
review conducted under paragraph (1), the Secretary 
shall negotiate with the Tribe appropriate changes, 
if any, to the final design— 
(A) to ensure compliance with applicable 
industry standards; 
(B) to improve the cost-effectiveness of the 
Swiftcurrent Creek Bank Stabilization Project; 
and 
(C) to ensure that the Swiftcurrent Creek 
Bank Stabilization Project may be constructed 
using only the amounts made available under 
section 18. 
(3) APPLICABILITY OF ISDEAA.—At the request 
of the Tribe, and in accordance with the Indian Self- 
Determination and Education Assistance Act (25 
U.S.C. 450 et seq.), the Secretary shall enter into 1 
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or more agreements with the Tribe to carry out the 
Swiftcurrent Bank Stabilization Project. 
(e) ADMINISTRATION.—The Commissioner of Rec-
lamation and the Tribe shall negotiate the cost of any 
oversight activity carried out by the Bureau of Reclama-
tion under any agreement entered into under this section, 
subject to the condition that the total cost for the over-
sight shall not exceed 4 percent of the total costs incurred 
under this section. 
(f) MILK RIVER PROJECT RIGHTS-OF-WAY
AND 
EASEMENTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the Tribe shall grant the United States a 
right-of-way on Reservation land owned by the Tribe 
for all uses by the Milk River Project (permissive or 
otherwise) in existence as of December 31, 2015, in-
cluding all facilities, flowage easements, and access 
easements necessary for the operation and mainte-
nance of the Milk River Project. 
(2) AGREEMENT REGARDING EXISTING USES.— 
The Tribe and the Secretary shall enter into an 
agreement for a process to determine the location, 
nature, and extent of the existing uses referenced in 
this subsection. The agreement shall require that— 
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(A) a panel of three individuals determine 
the location, nature, and extent of existing uses 
necessary for the operation and maintenance of 
the Milk River Project (the ‘‘Panel Determina-
tion’’), with the Tribe appointing one represent-
ative of the Tribe, the Secretary appointing one 
representative of the Secretary, and those two 
representatives jointly appointing a third indi-
vidual; 
(B) if the Panel Determination is unani-
mous, the Tribe grant a right-of-way to the 
United States for the existing uses identified in 
the Panel Determination in accordance with ap-
plicable law without additional compensation; 
(C) if the Panel Determination is not 
unanimous— 
(i) the Secretary adopt the Panel De-
termination with any amendments the Sec-
retary reasonably determines necessary to 
correct any clear error (the ‘‘Interior De-
termination’’), provided that if any portion 
of the Panel Determination is unanimous, 
the Secretary will not amend that portion; 
and 
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(ii) the Tribe grant a right-of-way to 
the United States for the existing uses 
identified in the Interior Determination in 
accordance with applicable law without ad-
ditional compensation, with the agreement 
providing for the timing of the grant to 
take into consideration the possibility of 
review under subsection (f)(5). 
(3) EFFECT.—Determinations made under this 
subsection— 
(A) do not address title as between the 
United States and the Tribe; and 
(B) do not apply to any new use of Res-
ervation land by the United States for the Milk 
River Project after December 31, 2015. 
(4) INTERIOR DETERMINATION AS FINAL AGEN-
CY
ACTION.—Any determination by the Secretary 
under paragraph (2)(C) shall be considered to be a 
final agency action for purposes of review under 
chapter 7 of title 5, United States Code. 
(5) JUDICIAL REVIEW.—An action for judicial 
review pursuant to this section shall be brought by 
not later than the date that is 1 year after the date 
of notification of the Interior Determination. 
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(g) FUNDING.—The total amount of obligations in-
curred by the Secretary shall not exceed— 
(1) $3,800,000 to carry out subsection (c); 
(2) $20,700,000 to carry out subsection (d); 
and 
(3) $3,100,000 to carry out subsection (f). 
SEC. 8. ST. MARY CANAL HYDROELECTRIC POWER GENERA-
TION. 
(a) BUREAU OF RECLAMATION JURISDICTION.—Ef-
fective beginning on the date of enactment of this Act, 
the Commissioner of Reclamation shall have exclusive ju-
risdiction to authorize the development of hydropower on 
the St. Mary Unit. 
(b) RIGHTS OF TRIBE.— 
(1) EXCLUSIVE RIGHT OF TRIBE.—Subject to 
paragraph (2) and notwithstanding any other provi-
sion of law, the Tribe shall have the exclusive right 
to develop and market hydroelectric power of the St. 
Mary Unit. 
(2) LIMITATIONS.—The exclusive right de-
scribed in paragraph (1)— 
(A) shall expire on the date that is 15 
years after the date of enactment of an Act ap-
propriating funds for rehabilitation of the St. 
Mary Unit; but 
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(B) may be extended by the Secretary at 
the request of the Tribe. 
(3) OM&R COSTS.—Effective beginning on the 
date that is 10 years after the date on which the 
Tribe begins marketing hydroelectric power gen-
erated from the St. Mary Unit to any third party, 
the Tribe shall make annual payments for operation, 
maintenance, and replacement costs attributable to 
the direct use of any facilities by the Tribe for hy-
droelectric power generation, in amounts determined 
in accordance with the guidelines and methods of the 
Bureau of Reclamation for assessing operation, 
maintenance, and replacement charges. 
(c) BUREAU OF RECLAMATION COOPERATION.—The 
Commissioner of Reclamation shall cooperate with the 
Tribe in the development of any hydroelectric power gen-
eration project under this section. 
(d) AGREEMENT.—Before construction of a hydro-
electric power generation project under this section, the 
Tribe shall enter into an agreement with the Commis-
sioner of Reclamation that includes provisions— 
(1) requiring that— 
(A) the design, construction, and operation 
of the project shall be consistent with the Bu-
reau of Reclamation guidelines and methods for 
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hydroelectric power development at Bureau fa-
cilities, as appropriate; and 
(B) the hydroelectric power generation 
project will not impair the efficiencies of the 
Milk River Project for authorized purposes; 
(2) regarding construction and operating cri-
teria and emergency procedures; and 
(3) under which any modification proposed by 
the Tribe to a facility owned by the Bureau of Rec-
lamation shall be subject to review and approval by 
the Secretary, acting through the Commissioner of 
Reclamation. 
(e) USE OF HYDROELECTRIC POWER BY TRIBE.— 
Any hydroelectric power generated in accordance with this 
section shall be used or marketed by the Tribe. 
(f) REVENUES.—The Tribe shall collect and retain 
any revenues from the sale of hydroelectric power gen-
erated by a project under this section. 
(g) LIABILITY
OF UNITED STATES.—The United 
States shall have no obligation to monitor, administer, or 
account for— 
(1) any revenues received by the Tribe under 
this section; or 
(2) the expenditure of those revenues. 
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(h) PREFERENCE.—During any period for which the 
exclusive right of the Tribe described in subsection (b)(1) 
is not in effect, the Tribe shall have a preference to de-
velop hydropower on the St. Mary Unit facilities, in ac-
cordance with Bureau of Reclamation guidelines and 
methods for hydroelectric power development at Bureau 
facilities. 
SEC. 9. STORAGE ALLOCATION FROM LAKE ELWELL. 
(a)(1) STORAGE ALLOCATION TO TRIBE.—The Sec-
retary shall allocate to the Tribe 45,000 acre-feet per year 
of water stored in Lake Elwell for use by the Tribe 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, as measured at the outlet 
works of Tiber Dam or through direct pumping from Lake 
Elwell. 
(2) REDUCTION.—Up to 10,000 acre-feet per year of 
water allocated to the Tribe pursuant to paragraph (1) 
will be subject to an acre-foot for acre-foot reduction if 
depletions from the Tribal water rights above Lake Elwell 
exceed 88,000 acre-feet per year of water because of New 
Development (as defined in article II.37 of the Compact). 
(b) TREATMENT.— 
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(1) IN GENERAL.—The allocation to the Tribe 
under subsection (a) shall be considered to be part 
of the Tribal water rights. 
(2) PRIORITY DATE.—The priority date of the 
allocation to the Tribe under subsection (a) shall be 
the priority date of the Lake Elwell water right held 
by the Bureau of Reclamation. 
(3) ADMINISTRATION.—The Tribe shall admin-
ister the water allocated under subsection (a) in ac-
cordance with the Compact and this Act. 
(c) ALLOCATION AGREEMENT.— 
(1) IN GENERAL.—As a condition of receiving 
an allocation under this section, the Tribe shall 
enter into an agreement with the Secretary to estab-
lish the terms and conditions of the allocation, in ac-
cordance with the Compact and this Act. 
(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 Tribe, and not the United States, 
shall be entitled to all consideration due to the 
Tribe under any lease, contract, or agreement 
entered into by the Tribe pursuant to sub-
section (d); 
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(C) the United States shall have no obliga-
tion to monitor, administer, or account for— 
(i) any funds received by the Tribe as 
consideration under any lease, contract, or 
agreement entered into by the Tribe pursu-
ant 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 Tribe shall have 
the same rights as other storage contractors 
with respect to the allocation under this section; 
(E) the costs associated with the construc-
tion of the storage facilities at Tiber Dam allo-
cable to the Tribe shall be nonreimbursable; 
(F) no water service capital charge shall be 
due or payable for any water allocated to the 
Tribe pursuant to this section or the allocation 
agreement, regardless of whether that water is 
delivered for use by the Tribe or under a lease, 
contract, or by agreement entered into by the 
Tribe pursuant to subsection (d); 
(G) the Tribe shall not be required to 
make payments to the United States for any 
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water allocated to the Tribe under this Act or 
the allocation agreement, except for each acre- 
foot of stored water leased or transferred for in-
dustrial purposes as described in subparagraph 
(H); 
(H) for each acre-foot of stored water 
leased or transferred by the Tribe for industrial 
purposes— 
(i) the Tribe shall pay annually to the 
United States an amount necessary to 
cover the proportional share of the annual 
operation, maintenance, and replacement 
costs allocable to the quantity of water 
leased or transferred by the Tribe for in-
dustrial purposes; and 
(ii) the annual payments of the Tribe 
shall be reviewed and adjusted, as appro-
priate, to reflect the actual operation, 
maintenance, and replacement costs for 
Tiber Dam; and 
(I) the adjustment process identified in 
subsection (a)(1) will be based on specific enu-
merated provisions. 
(d) AGREEMENTS BY TRIBE.—The Tribe may use, 
lease, contract, exchange, or enter into other agreements 
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for use of the water allocated to the Tribe under sub-
section (a), if— 
(1) the use of water that is the subject of such 
an agreement occurs within the Missouri River 
Basin; and 
(2) the agreement does not permanently alien-
ate any portion of the water allocated to the Tribe 
under subsection (a). 
(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 de-
veloping or delivering any water allocated under this sec-
tion. 
SEC. 10. IRRIGATION ACTIVITIES. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary, acting through the Commis-
sioner of Reclamation and in accordance with subsection 
(c), shall carry out the following actions relating to the 
Blackfeet Irrigation Project: 
(1) Deferred maintenance. 
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(2) Dam safety improvements for Four Horns 
Dam. 
(3) Rehabilitation and enhancement of the Four 
Horns Feeder Canal, Dam, and Reservoir. 
(b) LEAD AGENCY.—The Bureau of Reclamation 
shall serve as the lead agency with respect to any activities 
carried out under this section. 
(c) SCOPE OF DEFERRED MAINTENANCE ACTIVITIES 
AND FOUR HORNS DAM SAFETY IMPROVEMENTS.— 
(1) IN GENERAL.—Subject to the conditions de-
scribed in paragraph (2), the scope of the deferred 
maintenance activities and Four Horns Dam safety 
improvements shall be as generally described in— 
(A) the document entitled ‘‘Engineering 
Evaluation and Condition Assessment, Black-
feet Irrigation Project’’, prepared by DOWL 
HKM, and dated August 2007; and 
(B) the provisions relating to Four Horns 
Rehabilitated Dam of the document entitled 
‘‘Four Horns Dam Enlarged Appraisal Evalua-
tion Design Report’’, prepared by DOWL 
HKM, and dated April 2007. 
(2) CONDITIONS.—The conditions referred to in 
paragraph (1) are that, before commencing construc-
tion activities, the Secretary shall— 
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(A) review the design of the proposed reha-
bilitation or improvement; 
(B) perform value engineering analyses; 
(C) perform appropriate Federal environ-
mental compliance activities; and 
(D) ensure that the deferred maintenance 
activities and dam safety improvements may be 
constructed using only the amounts made avail-
able under section 18. 
(d) SCOPE OF REHABILITATION AND ENHANCEMENT 
OF FOUR HORNS FEEDER CANAL, DAM, AND RES-
ERVOIR.— 
(1) IN GENERAL.—The scope of the rehabilita-
tion and improvements shall be as generally de-
scribed in the document entitled ‘‘Four Horns Feed-
er Canal Rehabilitation with Export’’, prepared by 
DOWL HKM, and dated April 2013, subject to the 
condition that, before commencing construction ac-
tivities, the Secretary shall— 
(A) review the design of the proposed reha-
bilitation or improvement; 
(B) perform value engineering analyses; 
(C) perform appropriate Federal environ-
mental compliance activities; and 
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(D) ensure that the rehabilitation and im-
provements may be constructed using only the 
amounts made available under section 18. 
(2) INCLUSIONS.—The activities carried out by 
the Secretary under this subsection shall include— 
(A) the rehabilitation or improvement of 
the Four Horns feeder canal system to a capac-
ity of not fewer than 360 cubic feet per second; 
(B) the rehabilitation or improvement of 
the outlet works of Four Horns Dam and Res-
ervoir to deliver not less than 15,000 acre-feet 
of water per year, in accordance with subpara-
graph (C); and 
(C) construction of facilities to deliver not 
less than 15,000 acre-feet of water per year 
from Four Horns Dam and Reservoir, to a 
point on or near Birch Creek to be designated 
by the Tribe and the State for delivery of water 
to the water delivery system of the Pondera 
County Canal and Reservoir Company on Birch 
Creek, in accordance with the Birch Creek 
Agreement. 
(3) NEGOTIATION WITH TRIBE.—On the basis 
of the review described in paragraph (1)(A), the Sec-
retary shall negotiate with the Tribe appropriate 
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changes to the final design of any activity under this 
subsection to ensure that the final design meets ap-
plicable industry standards. 
(e) FUNDING.—The total amount of obligations in-
curred by the Secretary in carrying out this section shall 
not exceed $54,900,000, of which— 
(1) $40,900,000 shall be allocated to carry out 
the activities described in subsection (c); and 
(2) $14,000,000 shall be allocated to carry out 
the activities described in subsection (d)(2). 
(f) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(g) NON-FEDERAL CONTRIBUTION.—No part of the 
project under subsection (d) shall be commenced until the 
State has made available $20,000,000 to carry out the ac-
tivities described in subsection (d)(2). 
(h) ADMINISTRATION.—The Commissioner of Rec-
lamation and the Tribe shall negotiate the cost of any 
oversight activity carried out by the Bureau of Reclama-
tion under any agreement entered into under subsection 
(m), subject to the condition that the total cost for the 
oversight shall not exceed 4 percent of the total project 
costs for each project. 
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(i) PROJECT EFFICIENCIES.—If the total cost of 
planning, design, and construction activities relating to 
the projects described in this section results in cost sav-
ings and is less than the amounts authorized to be obli-
gated, the Secretary, at the request of the Tribe, may— 
(1) use those cost savings to carry out a project 
described in section 7(d), 11, 12, or 13; or 
(2) deposit those cost savings to the Blackfeet 
OM&R Trust Account. 
(j) OWNERSHIP BY TRIBE OF BIRCH CREEK DELIV-
ERY FACILITIES.—Notwithstanding any other provision of 
law, the Secretary shall transfer to the Tribe, at no cost, 
title in and to the facilities constructed under subsection 
(d)(2)(C). 
(k) OWNERSHIP, OPERATION, AND MAINTENANCE.— 
On transfer to the Tribe of title under subsection (j), the 
Tribe shall— 
(1) be responsible for OM&R in accordance with 
the Birch Creek Agreement; and 
(2) enter into an agreement with the Bureau of 
Indian Affairs regarding the operation of the facili-
ties described in that subsection. 
(l) LIABILITY
OF UNITED STATES.—The United 
States shall have no obligation or responsibility with re-
spect the facilities described in subsection (d)(2)(C). 
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(m) APPLICABILITY OF ISDEAA.—At the request of 
the Tribe, and in accordance with the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450 
et seq.), the Secretary shall enter into 1 or more agree-
ments with the Tribe to carry out this section. 
(n) EFFECT.—Nothing in this section— 
(1) alters any applicable law (including regula-
tions) under which the Bureau of Indian Affairs col-
lects assessments or carries out Blackfeet Irrigation 
Project OM&R; or 
(2) impacts the availability of amounts made 
available under subsection (a)(1)(B) of section 18. 
SEC. 11. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary, acting through the Commis-
sioner of Reclamation, shall plan, design, and construct 
the water diversion and delivery features of the MR&I Sys-
tem in accordance with 1 or more agreements between the 
Secretary and the Tribe. 
(b) LEAD AGENCY.—The Bureau of Reclamation 
shall serve as the lead agency with respect to any activity 
to design and construct the water diversion and delivery 
features of the MR&I System. 
(c) SCOPE.— 
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(1) IN GENERAL.—The scope of the design and 
construction under this section shall be as generally 
described in the document entitled ‘‘Blackfeet Re-
gional Water System’’, prepared by DOWL HKM, 
dated June 2010, and modified by DOWL HKM in 
the addendum to the report dated March 2013, sub-
ject to the condition that, before commencing final 
design and construction activities, the Secretary 
shall— 
(A) review the design of the proposed reha-
bilitation and construction; 
(B) perform value engineering analyses; 
and 
(C) perform appropriate Federal compli-
ance activities. 
(2) NEGOTIATION WITH TRIBE.—On the basis 
of the review described in paragraph (1)(A), the Sec-
retary shall negotiate with the Tribe appropriate 
changes, if any, to the final design— 
(A) to ensure that the final design meets 
applicable industry standards; 
(B) to improve the cost-effectiveness of the 
delivery of MR&I System water; and 
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(C) to ensure that the MR&I System may 
be constructed using only the amounts made 
available under section 18. 
(d) NONREIMBURSABILITY OF COSTS.—All costs in-
curred by the Secretary in carrying out this section shall 
be nonreimbursable. 
(e) FUNDING.—The total amount of obligations in-
curred by the Secretary in carrying out this section shall 
not exceed $76,200,000. 
(f) NON-FEDERAL CONTRIBUTION.— 
(1) CONSULTATION.—Before completion of the 
final design of the MR&I System required by sub-
section (c), the Secretary shall consult with the 
Tribe, the State, and other affected non-Federal 
parties to discuss the possibility of receiving non- 
Federal contributions for the cost of the MR&I Sys-
tem. 
(2) NEGOTIATIONS.—If, based on the extent to 
which non-Federal parties are expected to use the 
MR&I System, a non-Federal contribution to the 
MR&I System is determined by the parties described 
in paragraph (1) to be appropriate, the Secretary 
shall initiate negotiations for an agreement regard-
ing the means by which the contributions shall be 
provided. 
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(g) OWNERSHIP BY TRIBE.—Title to the MR&I Sys-
tem and all facilities rehabilitated or constructed under 
this section shall be held by the Tribe. 
(h) ADMINISTRATION.—The Commissioner of Rec-
lamation and the Tribe shall negotiate the cost of any 
oversight activity carried out by the Bureau of Reclama-
tion under any agreement entered into under this section, 
subject to the condition that the total cost for the over-
sight shall not exceed 4 percent of the total costs incurred 
under this section. 
(i) OM&R COSTS.—The Federal Government shall 
have no obligation to pay for the operation, maintenance, 
or replacement costs for any facility rehabilitated or con-
structed under this section. 
(j) PROJECT EFFICIENCIES.—If the total cost of 
planning, design, and construction activities relating to 
the projects described in this section results in cost sav-
ings and is less than the amounts authorized to be obli-
gated, the Secretary, at the request of the Tribe, may— 
(1) use those cost savings to carry out a project 
described in section 7(d), 10, 11(a), 12, or 13; or 
(2) deposit those cost savings to the Blackfeet 
OM&R Trust Account. 
(k) APPLICABILITY OF ISDEAA.—At the request of 
the Tribe, and in accordance with the Indian Self-Deter-
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SEC. 21. SATISFACTION OF CLAIMS. 
(a) TRIBAL CLAIMS.—The benefits realized by the 
Tribe under this Act shall be in complete replacement of, 
complete substitution for, and full satisfaction of all— 
(1) claims of the Tribe against the United 
States waived and released pursuant to section 
20(a); and 
(2) objections withdrawn pursuant to section 
20(c). 
(b) ALLOTTEE CLAIMS.—The benefits realized by the 
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 20(a)(2); and 
(2) any claim of an allottee against the United 
States similar in nature to a claim described in sec-
tion 20(a)(2) that the allottee asserted or could have 
asserted. 
SEC. 22. MISCELLANEOUS PROVISIONS. 
(a) 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 im-
munity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this Act quantifies or diminishes any land or 
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