H. R. 133—1837 
(B) FUNDING AGREEMENTS.—The Secretary shall use 
funds only from the Salish and Kootenai Compact Account 
established under section 8(b)(1) for any funding agree-
ment, including any related contract support costs, under 
which the Tribes carry out activities described in subsection 
(b). 
(C) TIMING FOR ELECTION.—Not later than 120 days 
after the date on which funds are first appropriated for 
deposit in the Trust Fund, or not later than such alter-
native later date as is agreed to by the Tribes and the 
Secretary, the Tribes may elect to perform all activities 
described in subsection (b) on behalf of the Secretary. 
(D) APPLICABILITY OF ISDEAA.—Any funds transferred 
for use in a funding agreement under this paragraph shall 
be subject to— 
(i) title IV of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5361 et seq.); and 
(ii) the self-governance agreement and funding 
agreement entered into between the Tribes and the 
Secretary. 
(E) RELATION TO COMPACT.—The Tribes and the Fed-
eral Government— 
(i) shall carry out the activities described in sub-
section (b) in a manner that is consistent with, and 
fulfills, the respective obligations of the Tribes and 
the Federal Government under the Compact; and 
(ii) may not carry out any action pursuant to the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5301 et seq.) that is inconsistent with 
the rights and responsibilities under the Compact. 
(F) APPLICABILITY OF CERTAIN ISDEAA PROVISIONS.— 
For purposes of this Act— 
(i) the ‘‘annual trust evaluation’’ required under 
section 403(d) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5363(d)) shall 
monitor the performance, and progress toward comple-
tion, of activities under subsection (b) that the Tribes 
are carrying out; 
(ii) the activities described in subsection (b) shall 
be considered to be ‘‘construction programs or projects’’ 
under section 403(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5363(e)); and 
(iii) reporting requirements regarding planning, 
design, and the use and expenditure of funds shall 
be negotiated and included within a funding agree-
ment. 
(2) SECRETARIAL
PERFORMANCE
OF
ACTIVITIES.—If the 
Tribes do not elect to carry out the activities described in 
subsection (b) by the deadline established under paragraph 
(1)(C), the Secretary shall carry out the activities using amounts 
made available under section 8(c)(3). 
(3) NONREIMBURSABILITY OF COSTS.—All costs incurred in 
carrying out this section shall be nonreimbursable. 
(4) ADMINISTRATION.—
H. R. 133—1838 
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary and the Tribes shall negotiate the cost of any over-
sight activity carried out by the Secretary under any agree-
ment entered into under paragraph (1)(A). 
(B) REQUIREMENT.—All costs associated with an over-
sight activity— 
(i) shall be paid with funds deposited in the Salish 
and Kootenai Compact Account established under sec-
tion 8(b)(1); and 
(ii) notwithstanding subsection (c), may include 
costs associated with review or approval of environ-
mental compliance work and related Federal functions. 
(C) LIMITATION ON COST.—The total cost described in 
subparagraph (A) shall not exceed 3 percent of the total 
project costs for each project. 
(e) TREATMENT.—Any activities carried out pursuant to sub-
section (b) that result in improvements, additions, or modifications 
to the Flathead Indian irrigation project, including the acquisition 
of any real property interest, shall— 
(1) become a part of the Flathead Indian irrigation project; 
and 
(2) be recorded in the inventory of the Secretary relating 
to the Flathead Indian irrigation project. 
(f) EASEMENTS AND RIGHTS-OF-WAY.— 
(1) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 
(A) IN
GENERAL.—On request of the Secretary, the 
Tribes shall grant, at no cost to the United States, such 
easements and rights-of-way over Tribal land as are nec-
essary for construction relating to an activity under this 
section. 
(B) 
JURISDICTION.—An 
easement 
or 
right-of-way 
granted by the Tribes pursuant to subparagraph (A) shall 
not affect in any respect the civil or criminal jurisdiction 
of the Tribes over the easement or right-of-way. 
(2) LANDOWNER EASEMENTS AND RIGHTS-OF-WAY.—In par-
tial consideration for the construction activities associated with 
the rehabilitation and modernization of the Flathead Indian 
irrigation project authorized by this section, and as a condition 
of receiving service from the Flathead Indian irrigation project, 
a willing landowner shall confirm or grant, at no cost to the 
United States or the Tribes, such easements and rights-of- 
way over the land of the landowner as may be necessary 
for— 
(A) an activity authorized by this section; or 
(B) access to and operation and maintenance of— 
(i) the Flathead Indian irrigation project; or 
(ii) the Mission Valley Power Project. 
(3) CONDEMNATION NOT AUTHORIZED.—Nothing in this sec-
tion authorizes the Secretary to condemn interests in land 
for the Flathead Indian irrigation project. 
(g) LAND ACQUIRED BY UNITED STATES OR TRIBES.—Any land 
acquired within the boundaries of the Reservation by the United 
States on behalf of the Tribes, or by the Tribes on behalf of the 
Tribes and conveyed to the United States, in connection with the 
purposes of this section shall be held in trust by the United States 
for the benefit of the Tribes. 
(h) EFFECT.—Nothing in this section—
H. R. 133—1839 
(1) alters any applicable law under which the Bureau of 
Indian Affairs collects assessments or carries out the operation 
and maintenance of the Flathead Indian irrigation project; or 
(2) impacts the availability of amounts under section 9. 
(i) 
WATER
SOURCE
FOR
FLATHEAD
INDIAN
IRRIGATION 
PROJECT.— 
(1) IN GENERAL.—The water source for the Flathead Indian 
irrigation project— 
(A) shall be determined in accordance with article 
II(32) of the Compact; and 
(B) shall consist of— 
(i) the water right set forth in article III.C.1.a 
of the Compact; and 
(ii) any use of water for irrigation and incidental 
purposes pursuant to an applicable water service con-
tract. 
(2) ENTITLEMENT TO DELIVERY OF WATER.—Entitlement to 
delivery of available irrigation water for assessed parcels shall 
be determined in accordance with article IV.D.2 of the Compact. 
SEC. 8. SE´ LISˇ -QLISPE´ KSANKA SETTLEMENT TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish in the 
Treasury of the United States a trust fund, to be known as the 
‘‘Se´lisˇ-Qlispe´ Ksanka Settlement Trust Fund’’, to be allocated, main-
tained, managed, invested, and distributed by the Secretary, and 
to remain available until expended, consisting of the amounts depos-
ited in the Trust Fund under section 9(a), together with any interest 
earned on those amounts, for the purpose of carrying out this 
Act. 
(b) ACCOUNTS.—The Secretary shall establish in the Trust Fund 
the following accounts: 
(1) The Salish and Kootenai Compact Account, for the 
uses described in paragraphs (1) and (2) of subsection (h). 
(2) The Salish and Kootenai Settlement Implementation 
Account, for any use described in subsection (h). 
(c) DEPOSITS.— 
(1) IN GENERAL.—The Secretary shall deposit in the Trust 
Fund the amounts made available pursuant to section 9(a)(1). 
(2) ALLOCATION INTO ACCOUNTS.— 
(A) IN GENERAL.—Subject to subparagraph (B), each 
year, the Secretary shall allocate from the Trust Fund 
amounts into each of the accounts described in paragraphs 
(1) and (2) of subsection (b) in such proportions as the 
Secretary and the Tribes may agree. 
(B) REQUIREMENT.—In any year, if the Tribes and the 
Secretary are unable to agree on the amounts to be allo-
cated under subparagraph (A) for that year, the Secretary 
shall deposit equal sums in each account. 
(3) TRANSFER.—If the Tribes do not elect to carry out 
the activities described in subsection (b) of section 7 by the 
deadline described in subsection (d)(1)(C) of that section, the 
Secretary, on an annual basis, shall transfer funds from the 
account established under subsection (b)(1) to an appropriate 
programmatic account solely for the purpose of carrying out 
those activities and the activities described in section 7(c). 
(d) MANAGEMENT AND INTEREST.—
H. R. 133—1840 
(1) MANAGEMENT.—On receipt and deposit of the funds 
into the Trust Fund, the Secretary shall manage, invest, and 
distribute the amounts in accordance with the investment 
authority of the Secretary under— 
(A) the first section of the Act of June 24, 1938 (25 
U.S.C. 162a); 
(B) the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and 
(C) this section. 
(2) INVESTMENT
EARNINGS.—In addition to the deposits 
under section 9(a), any investment earnings, including interest, 
credited to the amounts in the Trust Fund shall be available 
for use in accordance with subsection (h). 
(e) AVAILABILITY OF AMOUNTS.— 
(1) IN GENERAL.—Amounts deposited in the Trust Fund 
(including any investment earnings) shall be made available 
to the Tribes by the Secretary beginning on the enforceability 
date, subject to the requirements of this Act. 
(2) USE.—Notwithstanding paragraph (1), any amounts— 
(A) deposited in the account described in subsection 
(b)(1) or transferred to another account under subsection 
(c)(3), shall be available to the Tribes or the Secretary, 
as applicable, on the date on which the amounts are depos-
ited or transferred, for the uses described in subsection 
(h)(1), in accordance with Appendix 3.6 to the Compact; 
and 
(B) deposited in the account described in subsection 
(b)(1) shall be available to the Tribes on the date on which 
the amounts are deposited for the uses described in sub-
section (h)(2). 
(f) WITHDRAWALS UNDER AITFMRA.— 
(1) IN GENERAL.—The Tribes may withdraw any portion 
of the amounts in the account described in subsection (b)(2) 
on approval by the Secretary of a Tribal management plan 
submitted by the Tribes in accordance with the American 
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.). 
(2) INAPPLICABILITY OF AITFMRA.—A withdrawal from the 
account described in subsection (b)(1)— 
(A) shall be made only in accordance with subsection 
(e) and section 7; and 
(B) notwithstanding any other provision of law, shall 
not be subject to the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(3) REQUIREMENTS.— 
(A) IN
GENERAL.—In addition to the requirements 
under the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
management plan under paragraph (1) shall require that 
the Tribes shall spend all amounts withdrawn from the 
Trust Fund and any investment earnings accrued through 
the investments under the Tribal management plan in 
accordance with this Act. 
(B) ENFORCEMENT.—The Secretary may carry out such 
judicial and administrative actions as the Secretary deter-
mines to be necessary to enforce the Tribal management 
plan to ensure that amounts withdrawn by the Tribes
H. R. 133—1841 
from the Trust Fund pursuant to this subsection are used 
in accordance with this Act. 
(g) EFFECT.—Nothing in this Act provides to the Tribes the 
right to judicial review of a determination by the Secretary 
regarding whether to approve a Tribal management plan, except 
under subchapter II of chapter 5, and chapter 7 of title 5, United 
States Code (commonly known as the ‘‘Administrative Procedure 
Act’’). 
(h) USES.—The Tribes may use amounts in the Trust Fund 
to implement the Compact, the Law of Administration, and this 
Act for the following purposes: 
(1) To carry out activities described in subsections (b) and 
(c) of section 7. 
(2) The administration, implementation, and management 
of the Tribal Water Right and the regulation and administration 
of water rights within the Reservation under this Act, the 
Compact, and the Law of Administration, and such infrastruc-
ture as is necessary to meet related programmatic needs. 
(3) To implement the Tribal Water Right through 
rehabilitation and improvement of agricultural Indian land 
within the Reservation. 
(4) To construct and rehabilitate livestock fencing on Indian 
land within the Reservation. 
(5) To mitigate and control noxious weeds on land within 
the Reservation. 
(6) To plan, design, and construct improvements to irriga-
tion systems on land served by the Flathead Indian irrigation 
project. 
(7) To install screens, barriers, passages, or ladders to 
prevent fish entrainment in irrigation ditches and canals within 
the Reservation. 
(8) To plan, design, and construct irrigation facilities on 
Indian land within the Reservation that is not served by the 
Flathead Indian irrigation project. 
(9) To plan, design, construct, operate, maintain, and 
replace community water distribution and wastewater treat-
ment facilities on the Reservation. 
(10) To develop geothermal water resources on Indian land 
within the Reservation. 
(11) To develop a cultural resources program relating to 
permitting necessary to conduct the activities authorized under 
this subsection (including cultural, historical, and archeological 
reviews, including training and certifications) and related infra-
structure necessary to meet programmatic needs. 
(12) To comply with Federal environmental laws for any 
use authorized by this subsection. 
(13) To repair, rehabilitate, or replace culverts, bridges, 
and roads of the Flathead Indian irrigation project and any 
public or Tribal culverts, bridges, and roads that intersect 
with, or are otherwise located within, the supply and distribu-
tion network of the Flathead Indian irrigation project. 
(i) LIABILITY.—Except with respect to amounts transferred in 
accordance with section 7(d), the Secretary shall not be liable for 
the expenditure or investment of any amounts withdrawn from 
the Trust Fund by the Tribes under this section. 
(j) EXPENDITURE REPORTS.—
H. R. 133—1842 
(1) IN GENERAL.—Not less frequently than annually, the 
Tribes shall submit to the Secretary an expenditure report 
describing— 
(A) the amount withdrawn from the Trust Fund under 
this section; and 
(B) any authorized activities resulting from the use 
of a withdrawal under a Tribal management plan, in 
accordance with this Act. 
(2) APPLICATION.—Any amounts transferred to the Tribes 
pursuant to a self-governance agreement and funding agree-
ment entered into between the Tribes and the Secretary under 
title IV of the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5361 et seq.) shall not be subject to para-
graph (1). 
(k) OM&R COSTS.—Except as otherwise provided in this Act, 
nothing in this Act affects any obligation of the United States 
with respect to the operation, maintenance, and repair of the Flat-
head Indian irrigation project. 
SEC. 9. FUNDING. 
(a) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary for deposit in the 
Trust Fund $1,000,000,000, to remain available until expended, 
withdrawn, or reverted to the general fund of the Treasury. 
(2) MANDATORY FUNDING.— 
(A) IN GENERAL.—On October 1, 2020, and on each 
October 1 thereafter through October 1, 2029, out of any 
funds in the Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall deposit in the Trust Fund 
$90,000,000, to remain available until expended, with-
drawn, or reverted to the general fund of the Treasury. 
(B) AVAILABILITY.—Amounts deposited in the Trust 
Fund under subparagraph (A) shall be available without 
further appropriation. 
(b) FLUCTUATION IN COSTS.— 
(1) IN GENERAL.—Of the amounts authorized to be appro-
priated and appropriated to the Trust Fund under paragraphs 
(1) and (2), respectively, of subsection (a)— 
(A) $347,200,000 shall be increased or decreased, as 
appropriate, by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after the date 
of enactment of this Act, as indicated by the Consumer 
Price Index for All Urban Consumers West Urban 50,000 
to 1,500,000 index; 
(B) $111,400,000 shall be increased or decreased, as 
appropriate, by such amounts as may be justified by rea-
sons of ordinary fluctuations in costs occurring after the 
date of enactment of this Act, as indicated by the Producer 
Price Index for the Bureau of Labor Statistics; and 
(C) $1,441,400,000 shall be increased or decreased, as 
appropriate, by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after the date 
of enactment of this Act, as indicated by the Bureau of 
Reclamation Construction Costs Index–Composite Trend. 
(2) REQUIREMENTS FOR ADJUSTMENT PROCESS.—The adjust-
ment process under this subsection shall—
H. R. 133—1843 
(A) take into account any agreement reached by the 
Secretary and the Tribes under paragraph (4); and 
(B) be repeated for each subsequent amount appro-
priated for deposit in the Trust Fund until the amount 
authorized to be appropriated, as so adjusted, has been 
appropriated. 
(3) PERIOD OF INDEXING.—The period of indexing adjust-
ment under this subsection for any increment of funding shall 
end on the date on which funds are deposited in the Trust 
Fund. 
(4) AGREEMENT.—Based on the activities likely to be con-
ducted using amounts deposited in the Trust Fund, the Sec-
retary and the Tribes may agree on which provisions of para-
graph (1) shall govern the fluctuation in costs to be used in 
calculating the amount authorized to be appropriated under 
subsection (a)(1). 
(c) LIMITATION ON USE OF RECLAMATION WATER SETTLEMENTS 
FUND.—Notwithstanding any other provision of law— 
(1) no amounts 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)) may be used by 
the Tribes or the Secretary to carry out any provision of this 
Act until the date that is 10 years after the date of enactment 
of this Act; and 
(2) effective beginning on the date that is 10 years after 
that date of enactment, the total amount used by the Tribes 
and the Secretary to carry out this Act from the Reclamation 
Water Settlements Fund shall not exceed an amount equal 
to 50 percent of the total amount in the Fund on that date. 
SEC. 10. WAIVERS AND RELEASES OF CLAIMS. 
(a) WAIVERS AND RELEASES.— 
(1) CLAIMS BY TRIBES AND UNITED STATES AS TRUSTEE FOR 
TRIBES.—Subject to the reservation of rights and retention of 
claims under subsection (c), as consideration for recognition 
of the Tribal Water Right and other benefits described in the 
Compact and this Act, the Tribes, acting on behalf of the 
Tribes and members of the Tribes (but not any member of 
the Tribes as an allottee), and the United States, acting as 
trustee for the Tribes and the members of the Tribes (but 
not any member of the Tribes as an allottee), shall execute 
a waiver and release with prejudice of all claims for water 
rights within the State that the Tribes, or the United States 
acting as trustee for the Tribes, 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 a right is recognized in the Compact and this Act. 
(2) 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 Right and other benefits described in the Compact 
and this Act, the United States, acting as trustee for allottees, 
shall execute a waiver and release with prejudice of all claims 
for water rights within the Reservation that the United States, 
acting as trustee for allottees, asserted or could have asserted 
in any proceeding, including a State stream adjudication, on
H. R. 133—1844 
or before the enforceability date, except to the extent that 
such a right is recognized in the Compact and this Act. 
(3) CLAIMS
BY
TRIBES
AGAINST
UNITED
STATES.—Subject 
to the reservation of rights and retention of claims under sub-
section (c), the Tribes, acting on behalf of the Tribes and mem-
bers of the Tribes (but not any member of the Tribes as an 
allottee), shall execute a waiver and release with prejudice 
of all claims against the United States (including any agency 
or employee of the United States) first arising before the 
enforceability date— 
(A) relating to— 
(i) water rights within the State that the United 
States, acting as trustee for the Tribes, asserted or 
could have asserted in any proceeding, including the 
general stream adjudication in the State, except to 
the extent that such rights are recognized as part 
of the Tribal Water Right under this Act; 
(ii) foregone benefits from nontribal use of water, 
on and off the Reservation (including water from all 
sources and for all uses); 
(iii) damage, loss, or injury to water, water rights, 
land, or natural resources due to loss of water or 
water rights (including damages, losses, or injuries 
to hunting, fishing, gathering, or cultural rights due 
to loss of water or water rights, claims relating to 
interference with, diversion, or taking of water, or 
claims relating to a failure to protect, acquire, replace, 
or develop water, water rights, or water infrastructure) 
within the State; 
(iv) a failure to establish or provide a municipal, 
rural, or industrial water delivery system on the Res-
ervation; 
(v) damage, loss, or injury to water, water rights, 
land, or natural resources due to construction, oper-
ation, and management of the Flathead Indian irriga-
tion project and other Federal land and facilities 
(including damages, losses, or injuries to Tribal fish-
eries, fish habitat, wildlife, and wildlife habitat); 
(vi) damage, loss, or injury from failure to protect 
natural resources and land against noxious weeds 
impacts; 
(vii) 
inadequate 
compensation 
for 
minerals 
extracted; 
(viii) inadequate compensation for land and 
interests in land used for Bureau of Indian Affairs 
roads and wildlife refuges; 
(ix) a failure to provide— 
(I) for operation, maintenance, or deferred 
maintenance for the Flathead Indian irrigation 
project or any other irrigation system or irrigation 
project; or 
(II) a dam safety improvement to a dam within 
the Reservation; 
(x) the litigation of claims relating to any water 
right of the Tribes in the State; and 
(xi) the negotiation, execution, or adoption of the 
Compact or this Act;
H. R. 133—1845 
(B) reserved under subsections (b) through (d) of sec-
tion 6 of the settlement agreement for the case entitled 
‘‘Nez Perce Tribe v. Salazar’’, No. 06cv2239TFH (D.D.C. 
2012); and 
(C) arising from the taking or acquisition of land or 
resources of the Tribes for the construction or operation 
of the Flathead Indian irrigation project. 
(4) CERTAIN OFF-RESERVATION WATER RIGHTS.— 
(A) IN GENERAL.—Notwithstanding the confirmation of 
the water rights of the Tribes described in Appendices 
28 and 29 to the Compact, as consideration for recognition 
of the Tribal Water Right and other benefits described 
in the Compact and this Act, the Tribes shall relinquish 
any right, title, or claim to the water rights located within 
the Flathead basin and described in those appendices. 
(B) REQUIREMENT.—The water rights described in 
subparagraph (A) shall be held solely by the State. 
(b) ENFORCEABILITY DATE.—The waivers and releases of claims 
under subsection (a) shall take effect on the date on which the 
Secretary publishes in the Federal Register a statement of findings 
that— 
(1)(A) the Montana Water Court has approved the Compact 
in a manner from which no further appeal may be taken; 
or 
(B) if the Montana Water Court is found to lack jurisdiction, 
the applicable United States district court has approved the 
Compact as a consent decree from which no further appeal 
may be taken; 
(2) all amounts authorized to be appropriated under section 
9 have been appropriated; 
(3) the State has appropriated and paid into an interest- 
bearing escrow account any payments due to the Tribes as 
of the date of enactment of this Act under the Compact and 
this Act; 
(4) the Tribes have ratified the Compact; 
(5) the Secretary has fulfilled the requirements of section 
6; and 
(6) the waivers and releases described in subsection (a) 
have been executed by the Tribes and the Secretary. 
(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Not-
withstanding the waivers and releases under subsection (a), the 
Tribes, acting on behalf of the Tribes and members of the Tribes, 
and the United States, acting as trustee for the Tribes and allottees, 
shall retain— 
(1) all claims relating to— 
(A) the enforcement of, or claims accruing after the 
enforceability date relating to water rights recognized 
under— 
(i) the Compact; 
(ii) any final decree; or 
(iii) this Act; and 
(B) activities affecting the quality of water, including 
any claims under— 
(i) the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9601 et seq.), including damages to natural resources;