Title: Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Community Water Rights Settlement Act of 2021
Policy area: Native Americans

Summary:
Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Community Water Rights Settlement Act of 2021
This bill modifies and ratifies a specified water rights settlement agreement entered into by the United States, Montana, and the Fort Belknap Indian Community (i.e., the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation of Montana).
The bill requires the community's water rights to be held in trust for the benefit of the community and its allottees. The community must enact a tribal water code to regulate its water rights.
Among other activities, the Department of the Interior must
The bill requires the Bureau of Reclamation to modify the operating procedures of the Milk River Project to ensure that the Fresno Reservoir is operated in accordance with the agreement.
The bill also outlines certain waivers, releases, and retention of claims under the settlement agreement.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1911 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1911

 To provide for the settlement of the water rights claims of the Fort 
           Belknap Indian Community, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

  Mr. Tester introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for the settlement of the water rights claims of the Fort 
           Belknap Indian Community, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Gros Ventre and 
Assiniboine Tribes of the Fort Belknap Indian Community Water Rights 
Settlement Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification of Compact and judicial decree.
Sec. 5. Tribal water rights.
Sec. 6. Exchange and transfer of public land into trust.
Sec. 7. Storage allocation from Lake Elwell.
Sec. 8. Milk River Project.
Sec. 9. Satisfaction of claims.
Sec. 10. Waivers and releases of claims.
Sec. 11. Aaniiih Nakoda Settlement Trust Fund.
Sec. 12. Funding.
Sec. 13. Miscellaneous provisions.
Sec. 14. Termination on failure to meet enforceability date.
Sec. 15. Antideficiency.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to fulfill the trust responsibility of the United 
        States to Indian Tribes and to promote Tribal sovereignty and 
        economic self-sufficiency by settling water rights claims of 
        Indian Tribes without lengthy and costly litigation;
            (2) to ensure the sovereignty of the Fort Belknap Indian 
        Community of the Fort Belknap Reservation of Montana and the 
        economy of the Reservation will be able to depend on the 
        development of the water and other resources of the 
        Reservation;
            (3) to transfer a portion of the land within the ancestral 
        territory of the Fort Belknap Indian Community to restore, in 
        part, the historical, cultural, and spiritual land of the Fort 
        Belknap Indian Community;
            (4) to plan, design, and construct the facilities needed to 
        effectively use Reservation water rights, consistent with the 
        Compact and this Act, and other resources that are necessary 
        for--
                    (A) the development of a viable Reservation 
                economy; and
                    (B) the implementation of the water rights compact 
                between the Fort Belknap Indian Community and the 
                State;
            (5) to achieve a fair, equitable, and final settlement of 
        claims to water rights in the State for--
                    (A) the Fort Belknap Indian Community of the Fort 
                Belknap Reservation of Montana; and
                    (B) the United States for the benefit of the Fort 
                Belknap Indian Community and allottees;
            (6) to authorize, ratify, and confirm the water rights 
        compact entered into by the Fort Belknap Indian Community, the 
        State, and the United States, to the extent that the Compact is 
        consistent with this Act;
            (7) to authorize and require the Secretary--
                    (A) to execute the Compact;
                    (B) to make available priority funding from the 
                Reclamation Water Settlement Fund established by 
                section 10501 of the Omnibus Public Land Management Act 
                of 2009 (43 U.S.C. 407); and
                    (C) to take any other actions necessary to carry 
                out the Compact in accordance with this Act;
            (8) to authorize and appropriate funds, including for 
        certain economic development initiatives and projects on the 
        Reservation, necessary for the implementation of the Compact 
        and this Act in order to support a final water rights 
        settlement for the Fort Belknap Indian Community that results 
        in measurable benefits to the Tribes and members; and
            (9) to authorize the exchange and transfer of certain 
        Federal and State land.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Allottee.--The term ``allottee'' means an individual or 
        the Fort Belknap Indian Community 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) Blackfeet tribe.--The term ``Blackfeet Tribe'' means 
        the Blackfeet Tribe of the Blackfeet Indian Reservation of 
        Montana.
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (4) Compact.--The term ``Compact'' means--
                    (A) the Fort Belknap-Montana water rights compact 
                dated April 16, 2001, as contained in section 85-20-
                1001 of the Montana Code Annotated (2019); and
                    (B) any exhibit (including exhibit amendments), 
                part, or amendment to the Compact that is executed to 
                make the Compact consistent with this Act.
            (5) CERCLA.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (6) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 10(f).
            (7) Fort belknap indian community.--The term ``Fort Belknap 
        Indian Community'' means the Gros Ventre and Assiniboine Tribes 
        of the Fort Belknap Reservation of Montana, a federally 
        recognized Indian Tribal entity included on the list published 
        by the Secretary pursuant to section 104(a) of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
            (8) Fort belknap indian community council.--The term ``Fort 
        Belknap Indian Community Council'' means the governing body of 
        the Fort Belknap Indian Community.
            (9) Fort belknap indian irrigation project.--
                    (A) In general.--The term ``Fort Belknap Indian 
                Irrigation Project'' means the Federal Indian 
                irrigation project units, systems, and works developed 
                by the United States to irrigate land within the 
                Reservation, including pursuant to--
                            (i) the Treaty of October 17, 1855 (11 
                        Stat. 657);
                            (ii) the Act of May 1, 1888 (25 Stat. 113, 
                        chapter 213);
                            (iii) the Act of August 15, 1894 (28 Stat. 
                        286, chapter 290);
                            (iv) the Act of July 1, 1898 (30 Stat. 571, 
                        chapter 545);
                            (v) the Act of April 30, 1908 (35 Stat. 70, 
                        chapter 153); and
                            (vi) this Act.
                    (B) Inclusions.--The term ``Fort Belknap Indian 
                Irrigation Project'' shall include--
                            (i) the Milk River unit, including--
                                    (I) the Three Mile Coulee unit;
                                    (II) the White Bear unit; and
                                    (III) the Fort Belknap future 
                                irrigation project, including the Fort 
                                Belknap Reservoir and Dam;
                            (ii) the Southern Tributary Irrigation 
                        Project, including--
                                    (I) the Beaver Creek unit;
                                    (II) the Duck Creek unit;
                                    (III) the Lodge Pole Creek unit;
                                    (IV) the Big Warm Creek unit;
                                    (V) the Jim Brown Creek unit;
                                    (VI) the Little Peoples Creek unit;
                                    (VII) the South Fork Peoples Creek 
                                Unit; and
                                    (VIII) the Little Warm Creek unit; 
                                and
                            (iii) the Peoples Creek Irrigation Project, 
                        including the Upper Peoples Creek Dam and 
                        Reservoir.
            (10) Fresno reservoir.--The term ``Fresno Reservoir'' means 
        the dam and reservoir of the Milk River Project, located on the 
        Milk River 14 miles west of Havre, Montana, and authorized by 
        the Act of June 16, 1933 (48 Stat. 195, chapter 90) (commonly 
        known as the ``National Industrial Recovery Act'').
            (11) 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).
            (12) Joint board.--The term ``Joint Board'' means the Joint 
        Board of Control for the Milk River Project established in 
        accordance with State law.
            (13) 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.
            (14) Malta irrigation district.--The term ``Malta 
        Irrigation District'' means the public corporation--
                    (A) created on December 28, 1923, pursuant to the 
                laws of the State relating to irrigation districts; and
                    (B) headquartered in Malta, Montana.
            (15) Milk river.--The term ``Milk River'' means the 
        mainstem of the Milk River and each tributary of the Milk River 
        between the headwater of the Milk River and the confluence of 
        the Milk River with the Missouri River, consisting of--
                    (A) Montana Water Court Basins 40F, 40G, 40H, 40I, 
                40J, 40K, 40L, 40M, 40N, and 40O; and
                    (B) the portion of the Milk River and each 
                tributary of the Milk River that flows through the 
                Canadian Provinces of Alberta and Saskatchewan.
            (16) Milk river coordinating committee.--The term ``Milk 
        River Coordinating Committee'' means the committee established 
        by article IV.C. of the Compact.
            (17) 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.
                    (B) Inclusions.--The term ``Milk River Project'' 
                includes the St. Mary Unit.
            (18) Missouri river basin.--The term ``Missouri River 
        Basin'' means the hydrologic basin of the Missouri River, 
        including tributaries.
            (19) Operations, maintenance, and repair.--The term 
        ``operations, maintenance, and repair'' means--
                    (A) any recurring or ongoing activity associated 
                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 repairing or replacing 
                a feature of a project.
            (20) Pick-sloan missouri river basin program.--The term 
        ``Pick-Sloan Missouri River Basin Program'' means the Pick-
        Sloan Missouri River Basin Program (authorized by section 9 of 
        the Act of December 22, 1944 (commonly known as the ``Flood 
        Control Act of 1944'') (58 Stat. 891, chapter 665)).
            (21) PMM.--The term ``PMM'' means the Principal Meridian, 
        Montana.
            (22) Reservation.--
                    (A) In general.--The term ``Reservation'' means the 
                area of the Fort Belknap Reservation in the State, as 
                modified by this Act.
                    (B) Inclusions.--The term ``Reservation'' 
                includes--
                            (i) all land and interests in land 
                        established by--
                                    (I) the Agreement with the Gros 
                                Ventre and Assiniboine Tribes of the 
                                Fort Belknap Reservation, ratified by 
                                the Act of May 1, 1888 (25 Stat. 113, 
                                chapter 212), as modified by the 
                                Agreement with the Indians of the Fort 
                                Belknap Reservation of October 9, 1895 
                                (ratified by the Act of June 10, 1896) 
                                (29 Stat. 350, chapter 398);
                                    (II) the Act of March 3, 1921 (41 
                                Stat. 1355, chapter 135); and
                                    (III) Public Law 94-114 (25 U.S.C. 
                                5501 et seq.);
                            (ii) the land known as the ``Hancock 
                        lands'' purchased by the Fort Belknap Indian 
                        Community pursuant to the Fort Belknap Indian 
                        Community Council Resolution No. 234-89 
                        (October 2, 1989); and
                            (iii) all land transferred under section 6.
            (23) 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
                            (v) St. Mary Canal and appurtenances.
            (24) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (25) Service contract.--The term ``service contract'' means 
        a business or commercial agreement between a contractor and a 
        customer covering maintenance and servicing of facilities over 
        a specified period.
            (26) State.--The term ``State'' means the State of Montana.
            (27) Tribal water rights.--The term ``Tribal water rights'' 
        means the water rights of the Fort Belknap Indian Community, as 
        described in article III of the Compact and this Act, 
        including--
                    (A) the allocation of water to the Fort Belknap 
                Indian Community from Lake Elwell under section 7; and
                    (B) the water rights of allottees.
            (28) Trust fund.--The term ``Trust Fund'' means the Aaniiih 
        Nakoda Settlement Trust Fund established under section 
        11(b)(1).

SEC. 4. RATIFICATION OF COMPACT AND JUDICIAL DECREE.

    (a) Ratification of Compact.--
            (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 the 
        amendment is executed to make the Compact consistent with this 
        Act.
    (b) Execution.--
            (1) In general.--To the extent that the Compact does not 
        conflict with this Act, the Secretary shall execute the 
        Compact, including all exhibits to, or parts of, the Compact 
        requiring the signature of the Secretary.
            (2) Modifications.--Nothing in this Act precludes the 
        Secretary from approving any modification to an appendix or 
        exhibit to the Compact that is consistent with this Act, to the 
        extent that the modification does not otherwise require 
        congressional approval under section 2116 of the Revised 
        Statutes (25 U.S.C. 177) or any other applicable provision of 
        Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Compact 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) 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.--
                            (i) In general.--The Secretary shall carry 
                        out all Federal compliance activities, 
                        including appropriate environmental, cultural, 
                        and historical compliance activities, necessary 
                        to implement the Compact and this Act.
                            (ii) Costs.--The cost of carrying out 
                        Federal compliance activities under clause (i), 
                        including any costs associated with carrying 
                        out Federal approvals or other reviews or any 
                        other inherently Federal functions, shall 
                        remain the responsibility of the Secretary.

SEC. 5. TRIBAL WATER RIGHTS.

    (a) Confirmation of Tribal Water Rights.--
            (1) In general.--The Tribal water rights are ratified, 
        confirmed, and declared to be valid.
            (2) Use.--Any use of the Tribal water rights shall be 
        subject to the terms and conditions of the Compact and this 
        Act.
            (3) Conflict.--In the event of a conflict between the 
        Compact and this Act, this Act shall control.
    (b) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to, or exceed, the benefits 
the allottees possess on the day before the date of enactment of this 
Act, taking into consideration--
            (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 rights; 
        and
            (4) the applicability of section 7 of the Act of February 
        8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381) and this Act 
        to protect the interests of allottees.
    (c) Trust Status of Tribal Water Rights.--The Tribal water rights--
            (1) shall be held in trust by the United States for the use 
        and benefit of the Fort Belknap Indian Community in accordance 
        with this Act; and
            (2) shall not be subject to forfeiture or abandonment.
    (d) Allottees.--
            (1) Applicability of the act of february 8, 1887.--The 
        provisions of section 7 of the Act of February 8, 1887 (24 
        Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use of 
        water for irrigation purposes, shall apply to the Tribal water 
        rights.
            (2) Entitlement to water.--Any entitlement to the use of 
        water of an allottee under Federal law shall be satisfied from 
        the Tribal water rights.
            (3) Allocations.--An allottee shall be entitled to a just 
        and equitable allocation of water for irrigation purposes.
            (4) Claims.--
                    (A) Exhaustion of remedies.--Before asserting any 
                claim against the United States under section 7 of the 
                Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 
                U.S.C. 381), or any other applicable law, an allottee 
                shall exhaust remedies available under the Tribal water 
                code or other applicable Tribal law.
                    (B) Action for relief.--After the exhaustion of all 
                remedies available under the Tribal water code or other 
                applicable Tribal law, an allottee may seek relief 
                under section 7 of the Act of February 8, 1887 (24 
                Stat. 390, chapter 119; 25 U.S.C. 381), or other 
                applicable law.
            (5) Authority of the secretary.--The Secretary shall have 
        the authority to protect the rights of allottees in accordance 
        with this section.
    (e) Authority of the Fort Belknap Indian Community.--
            (1) Authority.--
                    (A) In general.--The Fort Belknap Indian Community 
                shall--
                            (i) govern the use of the Tribal water 
                        rights pursuant to Tribal law, the Compact, 
                        this Act, and applicable Federal law; and
                            (ii) have--
                                    (I) administrative, regulatory, and 
                                adjudicatory authority over all Tribal 
                                water rights, including the authority 
                                to allocate, distribute, use, and 
                                temporarily transfer by service 
                                contract, lease, exchange, or other 
                                agreement the Tribal water rights for 
                                any use within the Reservation; and
                                    (II) the authority to voluntarily 
                                allocate, distribute, use, and 
                                temporarily transfer by service 
                                contract, lease, exchange, or other 
                                agreement the Tribal water rights off 
                                the Reservation within the Missouri 
                                River Basin.
                    (B) Transfer of tribal water rights.--If applicable 
                State and Federal laws are amended or expanded after 
                the date of enactment of this Act to authorize water 
                users to transfer water rights interbasin, interstate, 
                or internationally, the Fort Belknap Indian Community 
                shall have the right and authority to temporarily 
                transfer Tribal water rights of the Fort Belknap Indian 
                Community to the same extent permissible for State-
                based and other water rights users.
            (2) Requirements.--A service contract, lease, exchange, or 
        other agreement referred to in subclauses (I) and (II) of 
        paragraph (1)(A)(ii)--
                    (A) shall be for a term of not more than 100 years;
                    (B) may include provisions for renewal of the 
                agreement for an additional term of not more than 100 
                years; and
                    (C) shall not permanently alienate any portion of 
                the Tribal water rights.
            (3) Land leases by allottees.--Notwithstanding paragraph 
        (1), an allottee may lease any interest in land held by the 
        allottee, together with any water right determined to be 
        appurtenant to the interest in land, in accordance with the 
        Tribal water code.
            (4) Deferral or forbearance of tribal water use.--
                    (A) In general.--In accordance with the right of 
                the Fort Belknap Indian Community to choose to limit 
                the development and use of the Tribal water rights by 
                the Fort Belknap Indian Community and to allow the 
                water of the Tribal water rights to pass through the 
                priority system to be diverted by a third party for 
                compensation, as negotiated by the Fort Belknap Indian 
                Community, the deferral or forbearance of the use of 
                Tribal water rights shall be permissible.
                    (B) Limitations.--The deferral or forbearance of 
                the use of the Tribal water rights under subparagraph 
                (A) shall not be considered to be--
                            (i) a transfer of the Tribal water rights 
                        off the Reservation under paragraph 
                        (1)(A)(ii)(II); or
                            (ii) a transfer of title of the Tribal 
                        water rights.
    (f) Tribal Water Code.--
            (1) In general.--Notwithstanding article IV.A.2. of the 
        Compact, not later than 4 years after the date on which the 
        Fort Belknap Indian Community approves the Compact in 
        accordance with section 10(f)(1), the Fort Belknap Indian 
        Community shall enact a Tribal water code that--
                    (A) is consistent with the Compact and this Act; 
                and
                    (B) provides for--
                            (i) the administration, management, 
                        regulation, enforcement, and governance, 
                        including adjudicatory jurisdiction, of the 
                        Tribal water rights and all uses of the Tribal 
                        water rights; and
                            (ii) the establishment by the Fort Belknap 
                        Indian Community of the conditions, permit 
                        requirements, and other requirements for the 
                        allocation, distribution, and use of the Tribal 
                        water rights, including irrigation, livestock, 
                        domestic, commercial, municipal, industrial, 
                        cultural, and recreational uses.
            (2) Inclusions.--Subject to paragraph (3)(B)(i), the Tribal 
        water code shall--
                    (A) provide that use of water by allottees shall be 
                satisfied with water from the Tribal water rights;
                    (B) provide for a process by which an allottee may 
                request that the Fort Belknap Indian Community provide 
                water for irrigation use in accordance with this Act, 
                including the provision of water under any allottee 
                lease under section 4 of the Act of June 25, 1910 (36 
                Stat. 856, chapter 431; 25 U.S.C. 403);
                    (C) provide for a due process system that includes 
                a process by which the Fort Belknap Indian Community 
                can resolve disputes, including a process for the 
                resolution of--
                            (i) any contested administrative decision, 
                        including any denial of a request for an 
                        allocation of water from the Tribal water 
                        rights by--
                                    (I) an allottee for irrigation 
                                purposes on allotted land;
                                    (II) a successor-in-interest to an 
                                allottee;
                                    (III) any other member of the Fort 
                                Belknap Indian Community; or
                                    (IV) an owner of fee land within 
                                the boundaries of the Reservation; and
                            (ii) the appeal and adjudication of 
                        administrative decisions under clause (i) and 
                        any denied or disputed distribution of water; 
                        and
                    (D) include a requirement that--
                            (i) any allottee asserting a claim relating 
                        to the enforcement of rights of the allottee 
                        under the Tribal water code, including to the 
                        quantity of water allocated to land of the 
                        allottee, shall exhaust all remedies available 
                        to the allottee under Tribal law before 
                        initiating an action against the United States 
                        or petitioning the Secretary pursuant to 
                        subsection (d)(4); and
                            (ii) any other Tribal water user asserting 
                        a claim relating to the enforcement of rights 
                        under the Tribal water code shall exhaust all 
                        remedies available under Tribal law.
            (3) Action by secretary.--
                    (A) In general.--During the period beginning on the 
                date of enactment of this Act and ending on the date on 
                which a Tribal water code described in paragraphs (1) 
                and (2) is enacted, the Secretary shall administer the 
                Tribal water rights, including with respect to the 
                rights of allottees, in accordance with this Act.
                    (B) Approval.--The Tribal water code described in 
                paragraphs (1) and (2) shall not be valid unless--
                            (i) the provisions of the Tribal water code 
                        required by paragraph (2) are approved by the 
                        Secretary; and
                            (ii) each amendment to the Tribal water 
                        code that affects a right of an allottee is 
                        approved by the Secretary.
                    (C) Approval period.--
                            (i) In general.--The Secretary shall--
                                    (I) approve or disapprove the 
                                Tribal water code or an amendment to 
                                the Tribal water code by not later than 
                                180 days after the date on which the 
                                Tribal water code or amendment to the 
                                Tribal water code is submitted to the 
                                Secretary; and
                                    (II) notify the Fort Belknap Indian 
                                Community of the decision of the 
                                Secretary by not later than 15 days 
                                after the date on which the Secretary 
                                makes the decision.
                            (ii) No action.--If the Secretary does not 
                        approve or disapprove the Tribal water code or 
                        amendment to the Tribal water code and notify 
                        the Fort Belknap Indian Community by the 
                        applicable deadlines described in clause (i), 
                        the Tribal water code or amendment to the 
                        Tribal water code shall be deemed to be 
                        approved.
                            (iii) Disapproval.--If the Secretary 
                        disapproves the Tribal water code or amendment 
                        to the Tribal water code, the Secretary, in 
                        consultation with the Fort Belknap Indian 
                        Community, shall have 90 days to resolve the 
                        basis for the disapproval, and if the basis for 
                        the disapproval has not been resolved by that 
                        date, the Tribal water code shall be deemed 
                        approved.
                            (iv) Extensions.--The deadlines described 
                        in clauses (i)(I) and (iii) may be extended by 
                        the Secretary with the agreement of the Fort 
                        Belknap Indian Community.
    (g) Administration.--
            (1) No alienation.--The Fort Belknap Indian Community shall 
        not permanently alienate any portion of the Tribal water 
        rights.
            (2) Purchases or grants of land from indians.--An 
        authorization provided by this Act for the allocation, 
        distribution, leasing, or other arrangement entered into 
        pursuant to this Act shall be considered to satisfy any 
        requirement for authorization of the action by treaty or 
        convention imposed by section 2116 of the Revised Statutes (25 
        U.S.C. 177).
            (3) Prohibition on forfeiture.--The non-use of all or any 
        portion of the Tribal water rights by any water user shall not 
        result in the forfeiture, abandonment, relinquishment, or other 
        loss by the Fort Belknap Indian Community of all or any portion 
        of the Tribal water rights.
    (h) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--
            (1) authorizes any action by an allottee against any 
        individual or entity, or against the Fort Belknap Indian 
        Community, under Federal, State, Tribal, or local law; or
            (2) alters or affects the status of any action brought 
        pursuant to section 1491(a) of title 28, United States Code.
    (i) Pick-Sloan Missouri River Basin Program Power Rates.--The 
Secretary, in cooperation with the Secretary of Energy, shall make 
available, at project-use pumping power, preference customer rates 
established as of the date of enactment of this Act, Pick-Sloan 
Missouri River Basin Program pumping power to--
            (1) not more than 37,425 net acres under irrigation 
        pursuant to projects of the Fort Belknap Indian Community; and
            (2) any mitigation projects required and funded by this 
        Act.

SEC. 6. EXCHANGE AND TRANSFER OF PUBLIC LAND INTO TRUST.

    (a) Exchange of Federal and State Land.--
            (1) In general.--In partial satisfaction of claims relating 
        to Indian water rights covered by this Act, the Fort Belknap 
        Indian Community agrees to the exchange and transfer of land in 
        accordance with this subsection.
            (2) State land.--The Secretary shall offer to enter into 
        negotiations with the State for the purpose of exchanging 
        Federal land described in paragraph (3) for the following 
        parcels of land owned by the State, located on and off of the 
        Reservation:
                    (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
                    (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
                    (C) 640 acres in T. 27 N., R. 21 E., sec. 36.
                    (D) 640 acres in T. 25 N., R. 22 E., sec. 16.
                    (E) 600 acres in T. 27 N., R. 20 E., sec. 36, 
                comprised of--
                            (i) 160 acres in the SE\1/4\;
                            (ii) 160 acres in the SW\1/4\;
                            (iii) 160 acres in the NW\1/4\;
                            (iv) 80 acres in the S\1/2\ of the NE\1/4\; 
                        and
                            (v) 40 acres in the NW\1/4\ of the NE\1/4\.
                    (F) 640 acres in T. 27 N., R. 21 E., sec. 16.
                    (G) 640 acres in T. 28 N., R. 21 E., sec. 27.
                    (H) 639.04 acres in T. 28 N., R. 22 E., sec. 16.
                    (I) 73.36 acres in T. 29 N., R. 22 E., sec. 16, 
                comprised of--
                            (i) 18.09 acres in lot 1;
                            (ii) 18.25 acres in lot 2;
                            (iii) 18.43 acres in lot 3; and
                            (iv) 18.59 acres in lot 4.
                    (J) 58.72 acres in T. 30 N., R. 22 E., sec. 16, 
                comprised of--
                            (i) 14.49 acres in lot 9;
                            (ii) 14.61 acres in lot 10;
                            (iii) 14.75 acres in lot 11; and
                            (iv) 14.87 acres in lot 12.
                    (K) 640 acres in T. 29 N., R. 22 E., sec. 8.
                    (L) 400 acres in T. 29 N., R. 22 E., sec. 17, 
                comprised of--
                            (i) 320 acres in the N\1/2\; and
                            (ii) 80 acres in the N\1/2\ of the SW\1/4\.
                    (M) 120 acres in T. 29 N., R. 22 E., sec. 18, 
                comprised of--
                            (i) 80 acres in the E\1/2\ of the NE\1/4\; 
                        and
                            (ii) 40 acres in the NE\1/4\ of the SE\1/
                        4\.
                    (N) 640 acres in T. 26 N., R. 23 E., sec. 16.
                    (O) 640 acres in T. 26 N., R. 23 E., sec. 36.
                    (P) 640 acres in T. 26 N., R. 26 E., sec. 16.
                    (Q) 640 acres in T. 26 N., R. 22 E., sec. 36.
                    (R) 640 acres in T. 26 N., R. 24 E., sec. 16.
                    (S) 640 acres in T. 27 N., R. 23 E., sec. 16.
                    (T) 640 acres in T. 27 N., R. 25 E., sec. 36.
                    (U) 640 acres in T. 28 N., R. 22 E., sec. 36.
                    (V) 640 acres in T. 28 N., R. 23 E., sec. 16.
                    (W) 640 acres in T. 28 N., R. 24 E., sec. 36.
                    (X) 640 acres in T. 28 N., R. 25 E., sec. 16.
                    (Y) 640 acres in T. 28 N., R. 25 E., sec. 36.
                    (Z) 640 acres in T. 28 N., R. 26 E., sec. 16.
                    (AA) 94.96 acres in T. 28 N., R. 26 E., sec. 36, 
                under lease by the Fort Belknap Indian Community 
                Council on the date of enactment of this Act, comprised 
                of--
                            (i) 30.68 acres in lot 5;
                            (ii) 26.06 acres in lot 6;
                            (iii) 21.42 acres in lot 7; and
                            (iv) 16.8 acres in lot 8.
                    (BB) 652.32 acres in T. 29 N., R. 22 E., sec. 16, 
                excluding the 73.36 acres under lease by Ben Hofeldt, 
                et al., on the date of enactment of this Act.
                    (CC) 640 acres in T. 29 N., R. 22 E., sec. 36.
                    (DD) 640 acres in T. 29 N., R. 23 E., sec. 16.
                    (EE) 640 acres in T. 29 N., R. 24 E., sec. 16.
                    (FF) 640 acres in T. 29 N., R. 24 E., sec. 36.
                    (GG) 640 acres in T. 29 N., R. 25 E., sec. 16.
                    (HH) 640 acres in T. 29 N., R. 25 E., sec. 36.
                    (II) 640 acres in T. 29 N., R. 26 E., sec. 16.
                    (JJ) 663.22 acres in T. 30 N., R. 22 E., sec. 16, 
                excluding the 58.72 acres under lease by Walter and 
                Amelia Funk on the date of enactment of this Act.
                    (KK) 640 acres in T. 30 N., R. 22 E., sec. 36.
                    (LL) 640 acres in T. 30 N., R. 23 E., sec. 16.
                    (MM) 640 acres in T. 30 N., R. 23 E., sec. 36.
                    (NN) 640 acres in T. 30 N., R. 24 E., sec. 16.
                    (OO) 640 acres in T. 30 N., R. 24 E., sec. 36.
                    (PP) 640 acres in T. 30 N., R. 25 E., sec. 16.
                    (QQ) 275.88 acres in T. 30 N., R. 26 E., sec. 36, 
                under lease by the Fort Belknap Indian Community 
                Council on the date of enactment of this Act.
                    (RR) 640 acres in T. 31 N., R. 22 E., sec. 36.
                    (SS) 640 acres in T. 31 N., R. 23 E., sec. 16.
                    (TT) 640 acres in T. 31 N., R. 23 E., sec. 36.
                    (UU) 34.04 acres in T. 31 N., R. 26 E., sec. 16, 
                lot 4.
                    (VV) 543.84 acres in T. 28 N., R. 26 E., sec. 36, 
                comprised of--
                            (i) 9.15 acres in lot 1;
                            (ii) 13.69 acres in lot 2;
                            (iii) 18.23 acres in lot 3;
                            (iv) 22.77 acres in lot 4;
                            (v) 40 acres in the NE\1/4\ of the NE\1/4\;
                            (vi) 40 acres in the NE\1/4\ of the NW\1/
                        4\;
                            (vii) 40 acres in the NE\1/4\ of the SE\1/
                        4\;
                            (viii) 40 acres in the NE\1/4\ of the SW\1/
                        4\;
                            (ix) 40 acres in the NW\1/4\ of the NE\1/
                        4\;
                            (x) 40 acres in the NW\1/4\ of the SE\1/4\;
                            (xi) 40 acres in the SE\1/4\ of the NE\1/
                        4\;
                            (xii) 40 acres in the SE\1/4\ of the NW\1/
                        4\;
                            (xiii) 40 acres in the SE\1/4\ of the SE\1/
                        4\;
                            (xiv) 40 acres in the SE\1/4\ of the SW\1/
                        4\;
                            (xv) 40 acres in the SW\1/4\ of the NE\1/
                        4\; and
                            (xvi) 40 acres in the SW\1/4\ of the SE\1/
                        4\.
                    (WW) 369.36 acres in T. 30 N., R. 26 E., sec. 36, 
                comprised of--
                            (i) 45.82 acres in lot 1;
                            (ii) 10.16 acres in lot 2;
                            (iii) 14.52 acres in lot 3;
                            (iv) 18.86 acres in lot 4;
                            (v) 40 acres in the NE\1/4\ of the NE\1/4\;
                            (vi) 40 acres in the SW\1/4\ of the NE\1/
                        4\;
                            (vii) 40 acres in the SE\1/4\ of the NE\1/
                        4\;
                            (viii) 40 acres in the NE\1/4\ of the SE\1/
                        4\;
                            (ix) 40 acres in the NW\1/4\ of the SE\1/
                        4\;
                            (x) 40 acres in the SE\1/4\ of the SE\1/4\; 
                        and
                            (xi) 40 acres in the SW\1/4\ of the SE\1/
                        4\.
            (3) Federal land.--Notwithstanding any other provision of 
        law for purposes of a land exchange under this subsection, the 
        Secretary may exchange any Federal land within the State.
            (4) Completion.--The Secretary shall complete a land 
        exchange under this subsection, and shall take the land 
        received by the Federal Government into trust for the benefit 
        of the Fort Belknap Indian Community, by not later than 10 
        years after the enforceability date.
            (5) Requirements.--
                    (A) Value.--The Secretary shall negotiate with the 
                State using the roughly equivalent theory of valuation 
                of any Federal land exchanged for State land.
                    (B) Basis.--Unless the Secretary and the State 
                specifically agree otherwise, each land exchange under 
                this subsection shall be on a whole-estate for whole-
                estate basis.
                    (C) Survey.--If a survey is requested by the State 
                or required by the Secretary, the Secretary shall 
                provide such financial or other assistance as may be 
                necessary--
                            (i) to conduct additional surveys and 
                        obtain appraisals of the transferred land, 
                        including any mining claims; and
                            (ii) to satisfy administrative requirements 
                        necessary to accomplish the land transfers 
                        under this subsection.
            (6) Existing rights and uses.--
                    (A) Uses.--
                            (i) In general.--Subject to clause (ii), 
                        any use (including grazing) authorized under a 
                        valid lease, permit, or right-of-way on land 
                        exchanged under this subsection, as in effect 
                        on the date of the transfer, shall remain in 
                        effect until the date on which the lease, 
                        permit, or right-of-way expires.
                            (ii) Exception.--Clause (i) shall not apply 
                        if the holder of the lease, permit, or right-
                        of-way requests an earlier termination of the 
                        lease, permit, or right-of-way in accordance 
                        with applicable law.
                    (B) Improvements.--Any improvements constituting 
                personal property (as defined by State law) on land 
                exchanged under this subsection by the holder of the 
                lease, permit, or right-of-way shall remain the 
                property of the holder and shall be removed not later 
                than 90 days after the date on which the lease, permit, 
                or right-of-way expires, unless the Fort Belknap Indian 
                Community and the holder agree otherwise.
                    (C) Eligibility.--Notwithstanding paragraph (2), 
                if, at any time after the date of enactment of this 
                Act, the Fort Belknap Indian Community Council enters 
                into a lease for any other State parcel or secures the 
                written consent of each lessee of any other State 
                parcel to the exchange of that parcel, the other State 
                parcel shall be eligible for exchange and transfer 
                under this subsection.
            (7) Quantity of state land to be exchanged or 
        transferred.--
                    (A) On reservation.--The total quantity of State 
                land located within the boundaries of the Reservation 
                that shall be exchanged and transferred under this 
                subsection is 20,296.1 acres.
                    (B) Off reservation.--The total quantity of State 
                land located outside of the boundaries of the 
                Reservation that shall be exchanged and transferred 
                under this subsection is 7,413 acres.
                    (C) Technical corrections.--Notwithstanding the 
                descriptions of the parcels of land owned by the State 
                under paragraph (2), the State may, with the consent of 
                the Fort Belknap Indian Community, make technical 
                corrections to the land parcels to more specifically 
                identify the acreage of the land parcels.
    (b) Federal Land Transfers.--
            (1) In general.--In partial satisfaction of claims relating 
        to Indian water rights covered by this Act, the Fort Belknap 
        Indian Community agrees to the transfer of land in accordance 
        with this subsection.
            (2) Transfers.--
                    (A) In general.--Subject to subparagraph (B), on 
                selection and request by the Fort Belknap Indian 
                Community, the Secretary shall convey all Federal land 
                within the parcels described in paragraph (3) to the 
                Fort Belknap Indian Community by transfer to the United 
                States, to be held in trust for the benefit of the Fort 
                Belknap Indian Community as part of the Reservation.
                    (B) Valid existing rights.--Any land subject to 
                valid existing rights of a private fee landowner or the 
                surface rights of any person under sections 2318 
                through 2352 of the Revised Statutes (commonly known as 
                the ``Mining Law of 1872'') (30 U.S.C. 21 et seq.), 
                shall not be transferred under subparagraph (A).
                    (C) Withdrawal of federal land from development and 
                leasing.--Subject to valid existing rights described in 
                subparagraph (B), effective on the date of enactment of 
                this Act, all Federal land within the parcels described 
                in paragraph (3) shall be withdrawn from all forms of 
                all forms of entry, appropriation, or disposal under 
                the public land laws, location, entry, and patent under 
                the mining laws, and disposition under all laws 
                pertaining to mineral and geothermal leasing or mineral 
                materials.
                    (D) Easements.--Any road within a parcel described 
                in paragraph (3) that is necessary for customary access 
                to a fee parcel by the private fee landowner or owner 
                of mineral rights shall be continued with guaranteed 
                access to the private fee parcel or mineral rights 
                through an easement at the expense of the fee owner or 
                owner of the mineral rights.
            (3) Description of parcels.--The parcels referred to in 
        paragraph (2) are the following:
                    (A) Bureau of land management parcels.--
                            (i) 59.46 acres in T. 25 N., R. 22 E., sec. 
                        4, comprised of--
                                    (I) 19.55 acres in lot 10;
                                    (II) 19.82 acres in lot 11; and
                                    (III) 20.09 acres in lot 16.
                            (ii) 324.24 acres in the N\1/2\ of T. 25 
                        N., R. 22 E., sec. 5.
                            (iii) 403.56 acres in T. 25 N., R. 22 E., 
                        sec. 9, comprised of--
                                    (I) 41.11 acres in the E\1/4\ of 
                                the NE\1/4\; and
                                    (II) 362.45 acres in the S\1/2\.
                            (iv) 70.63 acres in T. 25 N., R. 22 E., 
                        sec. 13, comprised of--
                                    (I) 18.06 acres in lot 5;
                                    (II) 18.25 acres in lot 6;
                                    (III) 18.44 acres in lot 7; and
                                    (IV) 15.88 acres in lot 8.
                            (v) 71.12 acres in T. 25 N., R. 22 E., sec. 
                        14, comprised of--
                                    (I) 17.65 acres in lot 5;
                                    (II) 17.73 acres in lot 6;
                                    (III) 17.83 acres in lot 7; and
                                    (IV) 17.91 acres in lot 8.
                            (vi) 81.73 acres in T. 25 N., R. 22 E., 
                        sec. 15, comprised of--
                                    (I) 29.50 acres in lot 7;
                                    (II) 17.28 acres in lot 8;
                                    (III) 17.41 acres in lot 9; and
                                    (IV) 17.54 acres in lot 10.
                            (vii) 160 acres in T. 26 N., R. 21 E., sec. 
                        1, comprised of--
                                    (I) 80 acres in the S\1/2\ of the 
                                NW\1/4\; and
                                    (II) 80 acres in the W\1/2\ of the 
                                SW\1/4\.
                            (viii) 567.50 acres in T. 26 N., R. 21 E., 
                        sec. 2, comprised of--
                                    (I) 82.54 acres in the E\1/2\ of 
                                the NW\1/4\;
                                    (II) 164.96 acres in the NE\1/4\; 
                                and
                                    (III) 320 acres in the S\1/2\.
                            (ix) 240 acres in T. 26 N., R. 21 E., sec. 
                        3, comprised of--
                                    (I) 40 acres in the SE\1/4\ of the 
                                NW\1/4\;
                                    (II) 160 acres in the SW\1/4\; and
                                    (III) 40 acres in the SW\1/4\ of 
                                the SE\1/4\.
                            (x) 120 acres in T. 26 N., R. 21 E., sec. 
                        4, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                SE\1/4\; and
                                    (II) 40 acres in the NW\1/4\ of the 
                                SE\1/4\.
                            (xi) 200 acres in T. 26 N., R. 21 E., sec. 
                        5, comprised of--
                                    (I) 160 acres in the SW\1/4\; and
                                    (II) 40 acres in the SW\1/4\ of the 
                                NW\1/4\.
                            (xii) 40 acres in the SE\1/4\ of the SE\1/
                        4\ of T. 26 N., R. 21 E., sec. 6.
                            (xiii) 240 acres in T. 26 N., R. 21 E., 
                        sec. 8, comprised of--
                                    (I) 40 acres in the NE\1/4\ of the 
                                SW\1/4\;
                                    (II) 160 acres in the NW\1/4\; and
                                    (III) 40 acres in the NW\1/4\ of 
                                the SE\1/4\.
                            (xiv) 320 acres in the E\1/2\ of T. 26 N., 
                        R. 21 E., sec. 9.
                            (xv) 640 acres in T. 26 N., R. 21 E., sec. 
                        10.
                            (xvi) 600 acres in T. 26 N., R. 21 E., sec. 
                        11, comprised of--
                                    (I) 320 acres in the N\1/2\;
                                    (II) 80 acres in the N\1/2\ of the 
                                SE\1/4\;
                                    (III) 160 acres in the SW\1/4\; and
                                    (IV) 40 acres in the SW\1/4\ of the 
                                SE\1/4\.
                            (xvii) 513.49 acres in T. 26 N., R. 22 E., 
                        sec. 21, comprised of--
                                    (I) 160 acres in the NW\1/4\; and
                                    (II) 353.49 acres in the S\1/2\.
                            (xviii) 719.58 acres in T. 26 N., R. 22 E., 
                        sec. 28.
                            (xix) 560 acres in T. 26 N., R. 22 E., sec. 
                        29, comprised of--
                                    (I) 320 acres in the N\1/2\;
                                    (II) 160 acres in the N\1/2\ of the 
                                S\1/2\; and
                                    (III) 80 acres in the S\1/2\ of the 
                                SE\1/4\.
                            (xx) 400 acres in T. 26 N., R. 22 E., sec. 
                        32, comprised of--
                                    (I) 320 acres in the S\1/2\; and
                                    (II) 80 acres in the S\1/2\ of the 
                                NW\1/4\.
                            (xxi) 455.51 acres in T. 26 N., R. 22 E., 
                        sec. 33, comprised of--
                                    (I) 58.25 acres in lot 3;
                                    (II) 58.5 acres in lot 4;
                                    (III) 58.76 acres in lot 5;
                                    (IV) 40 acres in the NW\1/4\ of the 
                                NE\1/4\;
                                    (V) 160 acres in the SW\1/4\; and
                                    (VI) 80 acres in the W\1/2\ of the 
                                SE\1/4\.
                            (xxii) 88.71 acres in T. 27 N., R. 21 E., 
                        sec. 1, comprised of--
                                    (I) 24.36 acres in lot 1;
                                    (II) 24.35 acres in lot 2; and
                                    (III) 40 acres in the SW\1/4\ of 
                                the SW\1/4\.
                            (xxiii) 97.40 acres in T. 27 N., R. 21 E., 
                        sec. 2, comprised of--
                                    (I) 24.34 acres in lot 1;
                                    (II) 24.35 acres in lot 2;
                                    (III) 24.35 acres in lot 3; and
                                    (IV) 24.36 acres in lot 4.
                            (xxiv) 168.72 acres in T. 27 N., R. 21 E., 
                        sec. 3, comprised of--
                                    (I) 24.36 acres in lot 1;
                                    (II) 24.36 acres in lot 2;
                                    (III) 40 acres in lot 8;
                                    (IV) 40 acres in lot 11; and
                                    (V) 40 acres in lot 12.
                            (xxv) 80 acres in T. 27 N., R. 21 E., sec. 
                        11, comprised of--
                                    (I) 40 acres in the NW\1/4\ of the 
                                SW\1/4\; and
                                    (II) 40 acres in the SW\1/4\ of the 
                                NW\1/4\.
                            (xxvi) 200 acres in T. 27 N., R. 21 E., 
                        sec. 12, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                SW\1/4\;
                                    (II) 40 acres in the NW\1/4\ of the 
                                NW\1/4\; and
                                    (III) 80 acres in the S\1/2\ of the 
                                NW\1/4\.
                            (xxvii) 38.87 acres in the NW\1/4\ of the 
                        SW\1/4\ of T. 27 N., R. 21 E., sec. 19.
                            (xxviii) 40 acres in the SE\1/4\ of the 
                        NE\1/4\ of T. 27 N., R. 21 E., sec. 23.
                            (xxix) 320 acres in T. 27 N., R. 21 E., 
                        sec. 24, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                NW\1/4\;
                                    (II) 160 acres in the NE\1/4\;
                                    (III) 40 acres in the NE\1/4\ of 
                                the SE\1/4\; and
                                    (IV) 40 acres in the SW\1/4\ of the 
                                SW\1/4\.
                            (xxx) 120 acres in T. 27 N., R. 21 E., sec. 
                        25, comprised of--
                                    (I) 80 acres in the S\1/2\ of the 
                                NE\1/4\; and
                                    (II) 40 acres in the SE\1/4\ of the 
                                NW\1/4\.
                            (xxxi) 40 acres in the NE\1/4\ of the SE\1/
                        4\ of T. 27 N., R. 21 E., sec. 26.
                            (xxxii) 160 acres in the NW\1/4\ of T. 27 
                        N., R. 21 E., sec. 27.
                            (xxxiii) 40 acres in the SW\1/4\ of the 
                        SW\1/4\ of T. 27 N., R. 21 E., sec. 29.
                            (xxxiv) 40 acres in the SW\1/4\ of the 
                        NE\1/4\ of T. 27 N., R. 21 E., sec 30.
                            (xxxv) 120 acres in T. 27 N., R. 21 E., 
                        sec. 33, comprised of--
                                    (I) 40 acres in the SE\1/4\ of the 
                                NE\1/4\; and
                                    (II) 80 acres in the N\1/2\ of the 
                                SE\1/4\.
                            (xxxvi) 440 acres in T. 27 N., R. 21 E., 
                        sec. 34, comprised of--
                                    (I) 160 acres in the N\1/2\ of the 
                                S\1/2\;
                                    (II) 160 acres in the NE\1/4\;
                                    (III) 80 acres in the S\1/2\ of the 
                                NW\1/4\; and
                                    (IV) 40 acres in the SE\1/4\ of the 
                                SE\1/4\.
                            (xxxvii) 133.44 acres in T. 27 N., R. 22 
                        E., sec. 4, comprised of--
                                    (I) 28.09 acres in lot 5;
                                    (II) 25.35 acres in lot 6;
                                    (III) 40 acres in lot 10; and
                                    (IV) 40 acres in lot 15.
                            (xxxviii) 160 acres in T. 27 N., R. 22 E., 
                        sec. 7, comprised of--
                                    (I) 40 acres in the NE\1/4\ of the 
                                NE\1/4\;
                                    (II) 40 acres in the NW\1/4\ of the 
                                SW\1/4\; and
                                    (III) 80 acres in the W\1/2\ of the 
                                NW\1/4\.
                            (xxxix) 120 acres in T. 27 N., R. 22 E., 
                        sec. 8, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                NW\1/4\; and
                                    (II) 40 acres in the NE\1/4\ of the 
                                SW\1/4\.
                            (xl) 40 acres in the SW\1/4\ of the NW\1/4\ 
                        of T. 27 N., R. 22 E., sec. 9.
                            (xli) 40 acres in the NE\1/4\ of the SW\1/
                        4\ of T. 27 N., R. 22 E., sec. 17.
                            (xlii) 40 acres in the NW\1/4\ of the NW\1/
                        4\ of T. 27 N., R. 22 E., sec. 19.
                            (xliii) 40 acres in the SE\1/4\ of the 
                        NW\1/4\ of T. 27 N., R22 E., sec. 20.
                            (xliv) 80 acres in the W\1/2\ of the SE\1/
                        4\ of T. 27 N., R. 22 E., sec. 31.
                            (xlv) 52.36 acres in the SE\1/4\ of the 
                        SE\1/4\ of T. 27 N., R. 22 E., sec. 33.
                            (xlvi) 40 acres in the NE\1/4\ of the SW\1/
                        4\ of T. 28 N., R. 22 E., sec. 29.
                            (xlvii) 40 acres in the NE\1/4\ of the 
                        NE\1/4\ of T. 26 N., R. 21 E., sec. 7.
                            (xlviii) 40 acres in the SW\1/4\ of the 
                        NW\1/4\ of T. 26 N., R. 21 E., sec. 12.
                            (xlix) 42.38 acres in the NW\1/4\ of the 
                        NE\1/4\ of T. 26 N., R. 22 E., sec. 6.
                            (l) 320 acres in the E\1/2\ of T. 26 N., R. 
                        22 E., sec. 17.
                            (li) 80 acres in the E\1/2\ of the NE\1/4\ 
                        of T. 26 N., R. 22 E., sec. 20.
                            (lii) 240 acres in T. 26 N., R. 22 E., sec. 
                        30, comprised of--
                                    (I) 80 acres in the E\1/2\ of the 
                                NE\1/4\;
                                    (II) 80 acres in the N\1/2\ of the 
                                SE\1/4\;
                                    (III) 40 acres in the SE\1/4\ of 
                                the NW\1/4\; and
                                    (IV) 40 acres in the SW\1/4\ of the 
                                NE\1/4\.
                    (B) Department of agriculture parcels.--The parcels 
                of approximately 3,519.3 acres of trust land that has 
                been converted to fee land, judicially foreclosed on, 
                and acquired by the Department of Agriculture described 
                in clauses (i) through (iii).
                            (i) Benjamin kirkaldie.--The land described 
                        in this clause is 640 acres in T. 29 N., R. 26 
                        E., comprised of--
                                    (I) the SW\1/4\ of sec. 27;
                                    (II) the NE\1/4\ of sec. 33; and
                                    (III) the W\1/2\ of sec. 34.
                            (ii) Emma lamebull.--The land described in 
                        this clause is 320 acres in the N\1/2\ of T. 30 
                        N., R. 23 E., sec. 28.
                            (iii) Alfred minugh.--The land described in 
                        this clause is 2,559.3 acres, comprised of--
                                    (I) T. 28 N., R. 24 E., including--
                                            (aa) of sec. 16--

                                                    (AA) the E\1/2\, 
                                                W\1/2\, E\1/2\, W\1/2\, 
                                                W\1/2\, NE\1/4\;

                                                    (BB) the E\1/2\, 
                                                E\1/2\, W\1/2\, W\1/2\, 
                                                NE\1/4\;

                                                    (CC) the E\1/2\, 
                                                W\1/2\, NE\1/4\;

                                                    (DD) the W\1/2\, 
                                                E\1/2\, NE\1/4\;

                                                    (EE) the W\1/2\, 
                                                E\1/2\, E\1/2\, NE\1/
                                                4\;

                                                    (FF) the W\1/2\, 
                                                W\1/2\, E\1/2\, E\1/2\, 
                                                E\1/2\, NE\1/4\; and

                                                    (GG) the SE\1/4\;

                                            (bb) all of sec. 21;
                                            (cc) the S\1/2\ of sec. 22; 
                                        and
                                            (dd) the W\1/2\ of sec. 27;
                                    (II) T. 29 N., R. 25 E., PMM, 
                                including--
                                            (aa) the S\1/2\ of sec. 1; 
                                        and
                                            (bb) the N\1/2\ of sec. 12;
                                    (III) 39.9 acres in T. 29 N., R. 26 
                                E., PMM, sec. 6, lot 2;
                                    (IV) T. 30 N., R. 26 E., PMM, 
                                including--
                                            (aa) 39.4 acres in sec. 3, 
                                        lot 2;
                                            (bb) the SW\1/4\ of the 
                                        SW\1/4\ of sec. 4;
                                            (cc) the E\1/2\ of the 
                                        SE\1/4\ of sec. 5;
                                            (dd) the S\1/2\ of the 
                                        SE\1/4\ of sec. 7; and
                                            (ee) the N\1/2\, N\1/2\, 
                                        NE\1/4\ of sec. 18; and
                                    (V) T. 31 N., R. 26 E., PMM, the 
                                NW\1/4\ of the SE\1/4\ of sec. 31.
                    (C) Grinnell lands.--The following parcels, known 
                as the ``Grinnell Lands'':
                            (i) 547.20 acres in T. 25 N., R. 24 E., 
                        sec. 1, exterior to the CERCLA boundary, 
                        comprised of--
                                    (I) lots 1 through 12; and
                                    (II) 160 acres of the SW\1/4\.
                            (ii) 275.55 acres in T. 25 N., R. 24 E., 
                        sec. 11, exterior to the CERCLA boundary.
                            (iii) 682.45 acres in T. 25 N., R. 24 E., 
                        sec. 2, comprised of--
                                    (I) lots 1 through 12;
                                    (II) 40 acres in each of--
                                            (aa) the SESW;
                                            (bb) the SWSW;
                                            (cc) the NESW; and
                                            (dd) the NWSW; and
                                    (III) 135.73 acres of the SE\1/4\.
                            (iv) 463.99 acres in T. 25 N., R. 24 E., 
                        sec. 3, comprised of--
                                    (I) lots 5 through 15; and
                                    (II) 160 acres of the SE\1/4\.
                            (v) 109.48 acres in T. 25 N., R. 24 E., 
                        sec. 10, comprised of--
                                    (I) lot 5; and
                                    (II) 80 acres of the N\1/2\ of the 
                                NE\1/4\.
                            (vi) 139.17 acres in T. 25 N., R. 24 E., 
                        sec. 12, exterior to the CERCLA boundary, 
                        comprised of--
                                    (I) lots 14 and 15; and
                                    (II) 80 acres of the N\1/2\ of the 
                                NW\1/4\.
                            (vii) 322.77 acres in T. 25 N., R. 24 E., 
                        sec. 16, comprised of--
                                    (I) lots 9 through 12; and
                                    (II) 160 acres of the S\1/2\ of the 
                                S\1/2\.
                            (viii) 391.45 acres in T. 25 N., R. 24 E., 
                        sec. 17, comprised of--
                                    (I) lots 8, 9, 10, and 13;
                                    (II) 40 acres of the NW\1/4\ of the 
                                SE\1/4\;
                                    (III) 80 acres of the N\1/2\ of the 
                                SW\1/4\; and
                                    (IV) 160 acres of the S\1/2\ of the 
                                S\1/2\.
                            (ix) 320 acres in the W\1/2\ of T. 25 N., 
                        R. 24 E., sec. 21, exterior to the CERCLA 
                        boundary.
                            (x) 79.47 acres in T. 25 N., R. 25 E., sec. 
                        2, comprised of lots 3 through 7.
                            (xi) 647.09 acres in T. 25 N., R. 25 E., 
                        sec. 3, comprised of--
                                    (I) lots 4 through 17;
                                    (II) 40 acres of the NW\1/4\ of the 
                                SE\1/4\; and
                                    (III) 160 acres of the SW\1/4\.
                            (xii) 695.09 acres in T. 25 N., R. 25 E., 
                        sec. 4, comprised of--
                                    (I) lots 1 through 12; and
                                    (II) 320 acres of the S\1/2\.
                            (xiii) 671.39 acres in T. 25 N., R. 25. E., 
                        sec. 5, comprised of--
                                    (I) lots 1 through 12; and
                                    (II) 320 acres of the S\1/2\.
                            (xiv) 543.56 acres in T. 25 N., R. 25 E., 
                        sec. 6, exterior to the CERCLA boundary, 
                        comprised of--
                                    (I) lots 1 through 12; and
                                    (II) 160 acres of the SE\1/4\.
                            (xv) 480 acres in T. 25 N., R. 25 E., sec. 
                        8, exterior to the CERCLA boundary, comprised 
                        of--
                                    (I) 320 acres of the N\1/2\; and
                                    (II) 160 acres of the SE\1/4\.
                            (xvi) 640 acres in T. 25 N., R. 25 E., sec. 
                        9.
                            (xvii) 202.76 acres in T. 25 N., R. 25 E., 
                        sec. 10, comprised of--
                                    (I) lots 6 through 11; and
                                    (II) 80 acres of the W\1/2\ of the 
                                NW\1/4\.
                            (xviii) 17.66 acres in T. 26 N., R. 24 E., 
                        sec. 22, lot 3.
                            (xix) 109.33 acres in T. 26 N., R. 24 E., 
                        sec. 23, comprised of lots 5 through 7.
                            (xx) 443.59 acres in T. 26 N., R. 24 E., 
                        sec. 25, comprised of--
                                    (I) lots 5 through 10;
                                    (II) 160 acres of the SW\1/4\;
                                    (III) 40 acres of the SW\1/4\ of 
                                the NW\1/4\; and
                                    (IV) 80 acres of the W\1/2\ of the 
                                SE\1/2\.
                            (xxi) 630.36 acres in T. 26 N., R. 24 E., 
                        sec. 26, comprised of--
                                    (I) lots 2 through 5;
                                    (II) 320 acres of the S\1/2\; and
                                    (III) 160 acres of the S\1/2\ of 
                                the N\1/2\.
                            (xxii) 91.97 acres in T. 26 N., R. 24 E., 
                        sec. 27, comprised of lots 5 through 8.
                            (xxiii) 291.60 acres in T. 26 N., R. 24 E., 
                        sec. 34, comprised of--
                                    (I) lots 5 through 8;
                                    (II) 160 acres of the E\1/2\ of the 
                                E\1/2\; and
                                    (III) 40 acres of the SW\1/4\ of 
                                the SE\1/4\.
                            (xxiv) 640 acres in T. 26 N., R. 24 E., 
                        sec. 35.
                            (xxv) 640 acres in T. 26 N., R. 24 E., sec. 
                        36.
                            (xxvi) 13 acres in T. 26 N., R. 25 E., sec. 
                        25.
                            (xxvii) 246.54 acres in T. 26 N., R. 25 E., 
                        sec. 26, comprised of lots 6 through 15.
                            (xxviii) 245.20 acres in T. 26 N., R. 25 
                        E., sec. 27, comprised of lots 5 through 12.
                            (xxix) 275.44 acres in T. 26 N., R. 25 E., 
                        sec. 28, comprised of lots 5 through 12.
                            (xxx) 308.80 acres in T. 26 N., R. 25 E., 
                        sec. 29, comprised of lots 5 through 12.
                            (xxxi) 287.86 acres in T. 26 N., R. 25 E., 
                        sec. 30, comprised of lots 6 through 13.
                            (xxxii) 634.30 acres in T. 26 N., R. 25 E., 
                        sec. 31, comprised of--
                                    (I) lots 1 through 4;
                                    (II) 320 acres of the E\1/2\; and
                                    (III) 160 acres of the E\1/2\ of 
                                the W\1/2\.
                            (xxxiii) 640 acres in T. 26 N., R. 25 E., 
                        sec. 32.
                            (xxxiv) 640 acres in T. 26 N., R. 25 E., 
                        sec. 33.
                            (xxxv) 640 acres in T. 26 N., R. 25 E., 
                        sec. 34.
                            (xxxvi) 488.08 acres in T. 26 N., R. 25 E., 
                        sec. 35, comprised of--
                                    (I) lots 5 through 10;
                                    (II) 80 acres of the N\1/2\ of the 
                                SW\1/4\;
                                    (III) 160 acres of the NW\1/4\; and
                                    (IV) 40 acres of the SW\1/4\ of the 
                                SW\1/4\.
                    (D) Dodson land.--
                            (i) In general.--Subject to clause (ii), 
                        the Dodson Land described in clause (iii) shall 
                        be transferred in accordance with paragraph 
                        (2)(A).
                            (ii) Restrictions.--A transfer under this 
                        subparagraph shall not occur unless and until a 
                        cooperative agreement has been negotiated among 
                        the Bureau of Reclamation, the Bureau of Indian 
                        Affairs, and the Fort Belknap Indian 
                        Community--
                                    (I) to ensure that the Bureau of 
                                Reclamation and any successor in 
                                interest, including the Malta 
                                Irrigation District, shall have 
                                adequate rights-of-way across the 
                                Dodson Land described in clause (iii) 
                                to carry out operations, maintenance, 
                                and rehabilitation, consistent with all 
                                applicable laws and any delivery 
                                contracts in effect on the date of 
                                enactment of this Act for the Milk 
                                River Project, on the conditions that--
                                            (aa) the Bureau of 
                                        Reclamation shall--

                                                    (AA) identify and 
                                                provide legal 
                                                descriptions of the 
                                                location of the Dodson 
                                                Project facilities; and

                                                    (BB) delineate the 
                                                rights-of-way across 
                                                the Dodson Land and 
                                                limit the rights-of-way 
                                                to only such Dodson 
                                                Land as is determined 
                                                necessary and required 
                                                for the operations, 
                                                maintenance, and 
                                                rehabilitation;

                                            (bb) the Fort Belknap 
                                        Indian Community shall have 
                                        legislative, regulatory, and 
                                        adjudicatory jurisdiction over 
                                        all the transferred land; and
                                            (cc) the Fort Belknap 
                                        Indian Community shall have the 
                                        right to use the Dodson Land 
                                        for any purpose, on the 
                                        condition that the use does not 
                                        interfere with the Bureau of 
                                        Reclamation facilities;
                                    (II) to manage and implement 
                                planning, design, and construction 
                                relating to rehabilitation, 
                                replacement, and repairs of existing 
                                Dodson Project facilities, as described 
                                in this section;
                                    (III) to ensure that the right of 
                                ingress and egress by personnel of the 
                                Bureau of Reclamation, the Malta 
                                Irrigation District (or a successor in 
                                interest to the Malta Irrigation 
                                District), and other authorized 
                                personnel for Milk River Project 
                                purposes is provided; and
                                    (IV) to provide that the Bureau of 
                                Reclamation shall retain ownership of 
                                any existing Milk River Project 
                                infrastructure.
                            (iii) Description of dodson land.--
                                    (I) In general.--The Dodson Land 
                                referred to in clauses (i) and (ii) is 
                                the approximately 2,500 acres of land 
                                owned by the United States that is, as 
                                of the date of enactment of this Act, 
                                under the jurisdiction of the Bureau of 
                                Reclamation and located at the 
                                northeastern corner of the Reservation 
                                (which extends to the point in the 
                                middle of the main channel of the Milk 
                                River), where the Dodson Project 
                                facilities of the Milk River Project, 
                                including the Dodson Diversion Dam and 
                                Dodson South Canal, are located, and 
                                more particularly described as follows:
                                            (aa) Supplemental Plat of 
                                        T. 30 N., R. 26 E., PMM, secs. 
                                        1 and 2.
                                            (bb) Supplemental Plat of 
                                        T. 31 N., R. 25 E., PMM, sec. 
                                        13.
                                            (cc) Supplemental Plat of 
                                        T. 31 N., R. 26 E., PMM, secs. 
                                        18, 19, 20, and 29.
                                            (dd) Supplemental Plat of 
                                        T. 31 N., R. 26 E., PMM, secs. 
                                        26, 27, 35, and 36.
                                    (II) Clarification.--The 
                                supplemental plats described in items 
                                (aa) through (dd) of subclause (I) are 
                                official plats, as documented by 
                                retracement boundary surveys of the 
                                General Land Office, and on record at, 
                                and accepted by, the Bureau of Land 
                                Management on March 11, 1938.
            (4) Existing rights and uses.--
                    (A) Uses.--
                            (i) In general.--Subject to clause (ii), 
                        any use (including grazing) authorized under a 
                        valid lease, permit, or right-of-way on land 
                        transferred under this subsection, as in effect 
                        on the date of the transfer, shall remain in 
                        effect until the date on which the lease, 
                        permit, or right-of-way expires.
                            (ii) Exception.--Clause (i) shall not apply 
                        if the holder of the lease, permit, or right-
                        of-way requests an earlier termination of the 
                        lease, permit, or right-of-way, in accordance 
                        with existing law.
                    (B) Improvements.--Any improvements constituting 
                personal property (as defined by State law) on land 
                transferred under this subsection by the holder of the 
                lease, permit, or right-of-way--
                            (i) shall remain the property of the 
                        holder; and
                            (ii) shall be removed not later than 90 
                        days after the date on which the lease, permit, 
                        or right-of-way expires, unless the Fort 
                        Belknap Indian Community and the holder agree 
                        otherwise.
                    (C) Payments.--The Secretary shall disburse to the 
                Fort Belknap Indian Community any amounts that accrue 
                to the United States under a lease, permit, or right-
                of-way on land described in paragraph (3) from any 
                sale, bonus, royalty, or rental relating to that land 
                in the same manner as amounts received from other land 
                held by the Secretary in trust for the Fort Belknap 
                Indian Community.
            (5) Survey.--With respect to the transfer of land under 
        this subsection--
                    (A) notwithstanding the descriptions of the parcels 
                of Federal land under paragraph (3), the United States 
                may, with the consent of the Fort Belknap Indian 
                Community, make technical corrections to the land 
                parcels to more specifically identify the acreage of 
                the land parcels;
                    (B) unless the United States or the Fort Belknap 
                Indian Community request an additional survey for the 
                transferred land or a technical correction is made 
                under subparagraph (A), the description of land under 
                this section shall be controlling;
                    (C) the Secretary shall provide such financial or 
                other assistance as may be necessary--
                            (i) to conduct additional surveys and 
                        obtain appraisals of the transferred land, 
                        including any mining claims; and
                            (ii) to satisfy administrative requirements 
                        necessary to accomplish the land transfers 
                        under this subsection; and
                    (D) the descriptions under this section or any 
                survey under subparagraph (C) shall control the total 
                acreage to be transferred.
            (6) Date of transfer.--
                    (A) In general.--Subject to subparagraph (B), the 
                transfer of land to the United States to be held in 
                trust for the Fort Belknap Indian Community under this 
                subsection shall take effect on the issuance of a trust 
                deed, which shall be issued as expeditiously as 
                practicable after notice of the enforceability date is 
                published in the Federal Register.
                    (B) Completion.--All land transfers under this 
                subsection shall be completed by the Federal Government 
                by not later than 10 years after the enforceability 
                date.
            (7) Total amount of federal land to be transferred.--The 
        total amount of Federal land to be transferred by the Federal 
        Government under this subsection is approximately 30,844 acres.
    (c) Foreclosed Department of Agriculture Land.--Any Department of 
Agriculture trust land within the Reservation that has been or is 
foreclosed on by the United States shall be transferred to the United 
States to be held in trust for the Fort Belknap Indian Community by--
            (1) not later than 10 years after the enforceability date, 
        if the foreclosure occurs before the enforceability date; or
            (2) not later than 10 years after the date of the 
        foreclosure, if the foreclosure occurs after the enforceability 
        date.
    (d) Impacts on Local Governments.--The Secretary may, at the 
discretion of the Secretary, try to ensure that land to be exchanged 
under this section is selected in a manner that minimizes the financial 
impact of the exchange on local governments.
    (e) Tribally Owned Fee Land.--Not later than 10 years after the 
enforceability date, the Secretary shall take into trust for the 
benefit of the Fort Belknap Indian Community all fee land owned by the 
Fort Belknap Indian Community to become part of the Reservation.
    (f) Water Rights.--Beginning on the date of the applicable transfer 
of land to the United States to be held in trust for the Fort Belknap 
Indian Community under this section, if any Federal, State, or fee land 
transferred under this section is subject to a water right in existence 
on the date of the transfer, the United States, as trustee for the 
benefit of the Fort Belknap Indian Community, shall be the successor in 
interest with respect to the water right, in accordance with the terms 
and conditions that applied to the predecessor in interest.
    (g) Transfer of Title.--Title to all land acquired by and owned by 
the United States and title to all tribally owned fee land included 
under this section shall be transferred, without charge, to the United 
States, to be held in trust for the benefit of the Fort Belknap Indian 
Community as part of the Reservation, pursuant to such method of 
conveyance as the Secretary determines to be necessary.
    (h) Jurisdiction of Grinnell Lands.--
            (1) In general.--Notwithstanding any other provision of 
        Federal law, beginning on the date on which the conditions 
        described in paragraph (2) are met, the Fort Belknap Indian 
        Community Council shall have administrative, regulatory, and 
        judicial jurisdiction over the Grinnell Lands described in 
        subsection (b)(3)(C), including jurisdiction over public 
        recreational access, hunting, and fishing, and natural resource 
        management.
            (2) Conditions.--The conditions referred to in paragraph 
        (1) are the conditions that the Fort Belknap Indian Community 
        Council shall adopt--
                    (A) hunting and fishing laws that grant nontribal 
                members equivalent rights and privileges to those that 
                nontribal members enjoy under the hunting and fishing 
                laws (including regulations) of the State, as in effect 
                on the date of enactment of this Act, including rights 
                relating to permit fees and bag limits; and
                    (B) public recreational access laws that grant 
                nontribal members equivalent rights of access for 
                recreational purposes that nontribal members enjoy 
                under Federal law (including regulations), as in effect 
                on the date of enactment of this Act.
            (3) Tribal laws.--
                    (A) In general.--Any Tribal laws promulgated by the 
                Fort Belknap Indian Community pursuant to the 
                jurisdiction of the Fort Belknap Indian Community under 
                paragraph (1) shall be subject to--
                            (i) a 30-day notice and comment period 
                        provided by the Secretary to the State; and
                            (ii) after that period, the approval of the 
                        Secretary, subject to subparagraph (B).
                    (B) Secretarial approval.--Not later than 180 days 
                after the date on which the notice and comment period 
                under subparagraph (A)(i) ends, the Secretary shall 
                approve or disapprove the Tribal law.
            (4) Notification after federal or state amendment.--
                    (A) In general.--If an applicable Federal or State 
                hunting and fishing or recreational access law or 
                regulation is amended after the date on which 
                jurisdiction over that law or regulation on the 
                Grinnell Lands described in subsection (b)(3)(C) is 
                transferred to the Fort Belknap Indian Community 
                Council under this subsection, the head of the 
                appropriate Federal or State agency, as applicable, 
                shall promptly notify the Fort Belknap Indian Community 
                Council of the amendment.
                    (B) Response.--
                            (i) In general.--Subject to clause (ii), 
                        not later than 120 days after the date on which 
                        notification is provided to the Fort Belknap 
                        Indian Community Council under subparagraph 
                        (A), the Fort Belknap Indian Community Council 
                        shall--
                                    (I) amend the Tribal law of the 
                                Fort Belknap Indian Community Council 
                                to comply with the amended law or 
                                regulation; and
                                    (II) notify the Secretary of the 
                                amendment.
                            (ii) Secretarial action.--The Secretary 
                        shall--
                                    (I) approve or disapprove an 
                                amendment under clause (i)(I) by not 
                                later than 90 days after the date on 
                                which the Secretary receives notice of 
                                the amendment under clause (i)(II); and
                                    (II) notify the Fort Belknap Indian 
                                Community of the decision of the 
                                Secretary by not later than 15 days 
                                after the date on which the Secretary 
                                makes the decision and, if disapproved, 
                                provide the reasons for disapproval.
                            (iii) No action.--If the Secretary does not 
                        disapprove the amendment under clause (ii)(I) 
                        and notify the Fort Belknap Indian Community of 
                        the disapproval by the deadline described in 
                        clause (ii)(II), the amendment shall be deemed 
                        to be approved.
                            (iv) Failure to respond.--If the Fort 
                        Belknap Indian Community Council fails to 
                        comply with clause (i), regulatory jurisdiction 
                        shall revert to the United States under 
                        paragraph (1) until the earlier of--
                                    (I) such time as the Tribal laws of 
                                the Fort Belknap Indian Community 
                                comply with the amended Federal or 
                                State law or regulation; and
                                    (II) the date described in 
                                paragraph (5).
                            (v) Extensions.--Notwithstanding any other 
                        provision of law, a deadline described in 
                        clause (i) or clause (ii) may be extended or 
                        otherwise altered by the Secretary if, before 
                        the applicable deadline, the Secretary obtains 
                        the voluntary and express written consent of 
                        the Fort Belknap Indian Community to extend or 
                        otherwise alter the deadline.
            (5) Regulation by fort belknap indian community council.--
        Notwithstanding any other provision of law, beginning on the 
        date that is 25 years after the date of enactment of this Act--
                    (A) the Fort Belknap Indian Community Council may 
                regulate the Grinnell Lands described in subsection 
                (b)(3)(C) under, and according to, Tribal law, subject 
                to such approval by the Secretary as may be required 
                for any other Tribal law; and
                    (B) the other provisions of this subsection shall 
                not apply.
    (i) Environmental Analysis.--Notwithstanding section 4(c), in 
preparing an environmental assessment or environmental impact statement 
pursuant to section 102(2) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)) for the acquisition of State land parcels and 
the conveyance of Federal land under this section, the Secretary shall 
only be required to study, develop, and describe--
            (1) the proposed agency action; and
            (2) the alternative of no action.
    (j) Land Status.--All land held in trust by the United States for 
the benefit of the Fort Belknap Indian Community under this section 
shall be--
            (1) beneficially owned by the Fort Belknap Indian 
        Community; and
            (2) added to and made a part of the Reservation for the use 
        by, and benefit of, the Fort Belknap Indian Community.
    (k) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary for the administrative costs of carrying out this 
        section $5,000,000 for each of fiscal years 2022 through 2024, 
        without further charge to the Fort Belknap Indian Community.
            (2) Limitation.--The amounts made available under paragraph 
        (1) shall be in addition to any other amounts made available 
        under this Act to carry out the exchanges and transfers of land 
        under this section.

SEC. 7. STORAGE ALLOCATION FROM LAKE ELWELL.

    (a) Storage Allocation of Water to Fort Belknap Indian Community.--
            (1) In general.--The Secretary shall permanently allocate 
        to the Fort Belknap Indian Community 20,000 acre-feet per year 
        of water stored in Lake Elwell for use by the Fort Belknap 
        Indian Community 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 for the benefit of the 
        Fort Belknap Indian Community, as measured--
                    (A) by direct diversion from the Reservoir or at 
                the outlet works of the Tiber Dam;
                    (B) by direct diversion from any place in the 
                Marias River downstream of Lake Elwell; or
                    (C) by direct diversion from any place in the 
                Missouri River downstream of the confluence of the 
                Missouri River and the Marias River.
            (2) Source of allocation.--
                    (A) In general.--For each applicable year, the Fort 
                Belknap Indian Community shall take the allocation 
                under paragraph (1) from the active conservation pool 
                or the joint-use pool of the reservoir in such 
                quantities as are sufficient to satisfy the total 
                annual allocation.
                    (B) Priority.--The allocation under paragraph (1) 
                to the Fort Belknap Indian Community shall take 
                priority over any and all instream flow and 
                recreational uses of the applicable water.
    (b) Treatment.--
            (1) In general.--The allocation under subsection (a) to the 
        Fort Belknap Indian Community shall be considered to be a part 
        of the Tribal water rights.
            (2) Priority date.--The priority date of the allocation 
        under subsection (a) to the Fort Belknap Indian Community shall 
        be the priority date of the Lake Elwell water right held by the 
        Bureau of Reclamation.
            (3) Administration.--
                    (A) In general.--The Fort Belknap Indian Community 
                shall administer the water allocated under subsection 
                (a) in accordance with--
                            (i) the Compact;
                            (ii) this Act; and
                            (iii) Tribal law.
                    (B) Temporary transfer.--In accordance with 
                subsection (d), the Fort Belknap Indian Community may 
                temporarily transfer off the Reservation, by service 
                contract, lease, exchange, or other agreement, the 
                water allocated under subsection (a), subject to--
                            (i) the approval of the Secretary; and
                            (ii) the requirements of the Compact.
                    (C) Exception.--Notwithstanding subparagraph (A), 
                paragraphs (1) through (3) of article IV.A.5.b. of the 
                Compact shall not apply to any annual allocation under 
                this subsection, except to the extent that article 
                limits the use of the allocation to a location within 
                the Missouri River Basin.
    (c) Allocation Agreement.--
            (1) In general.--As a condition of receiving an allocation 
        under this section, the Fort Belknap Indian Community 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 limit as to 
                term;
                    (B) the Fort Belknap Indian Community, and not the 
                United States, shall be entitled to all consideration 
                due to the Fort Belknap Indian Community under any 
                lease, contract, or agreement entered into by the Fort 
                Belknap Indian Community pursuant to subsection (d);
                    (C) the United States shall have no obligation to 
                monitor, administer, or account for--
                            (i) any funds received by the Fort Belknap 
                        Indian Community as consideration under any 
                        lease, contract, or agreement entered into by 
                        the Fort Belknap Indian Community pursuant 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 Fort Belknap Indian 
                Community shall have the same storage rights as other 
                storage contractors with respect to the allocation 
                under this section;
                    (E) the costs associated with the construction of 
                the storage facilities at Tiber Dam allocable to the 
                Fort Belknap Indian Community shall be nonreimbursable;
                    (F) no water service capital charge shall be due or 
                payable for any water allocated to the Fort Belknap 
                Indian Community under this section or the allocation 
                agreement, regardless of whether that water is 
                delivered for use by the Fort Belknap Indian Community 
                or under a service contract, lease, exchange, or other 
                agreement entered into by the Fort Belknap Indian 
                Community pursuant to subsection (b)(3)(B);
                    (G) the Fort Belknap Indian Community shall not be 
                required to make payments to the United States for any 
                water allocated to the Fort Belknap Indian Community 
                under this section or the allocation agreement, except 
                for each acre-foot of stored water leased or 
                transferred for industrial purposes as described in 
                subparagraph (H); and
                    (H) for each acre-foot of stored water leased or 
                transferred by the Fort Belknap Indian Community for 
                industrial purposes--
                            (i) the Fort Belknap Indian Community shall 
                        pay annually to the United States an amount 
                        necessary to cover the proportional share of 
                        the annual operations and maintenance costs, 
                        but not replacement and construction costs, 
                        allocable to the quantity of water leased or 
                        transferred by the Fort Belknap Indian 
                        Community for industrial purposes; and
                            (ii) the annual payments of the Fort 
                        Belknap Indian Community shall be reviewed and 
                        adjusted, as appropriate, to reflect the actual 
                        operations, maintenance, and rehabilitation 
                        costs for Tiber Dam.
    (d) Agreement by Fort Belknap Indian Community.--The Fort Belknap 
Indian Community may use, lease, contract, exchange, or enter into any 
other agreement for the use of the water allocated to the Fort Belknap 
Indian Community under subsection (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 alienate any water 
        allocated to the Fort Belknap Indian Community under subsection 
        (a).
    (e) Effective Date.--The allocation under subsection (a) takes 
effect on the enforceability date.
    (f) No Carryover Storage.--The allocation under subsection (a) 
shall not be increased by any unused Fort Belknap Indian Community 
Tribal water rights from year-to-year carryover storage.
    (g) Water Development and Delivery.--
            (1) Obligation to provide facility for transport to 
        reservation.--Except as otherwise provided in this Act, the 
        United States shall have no obligation under this Act to 
        provide any facility for the transport to the Reservation or 
        any other location of the water allocated under this section to 
        the Fort Belknap Indian Community relating to the release of 
        Tribal water rights from Lake Elwell Dam and Reservoir in 
        accordance with a request from the Fort Belknap Indian 
        Community.
            (2) Development and delivery costs.--Except for the use of 
        Federal amounts made available under section 8, the United 
        States is not required to pay the cost of developing or 
        delivering to the Reservation any water allocated under 
        subsection (a).
            (3) Water delivery.--If Lake Elwell does not have enough 
        stored water available to satisfy the annual obligation under 
        subsection (a), the Fort Belknap Indian Community shall have 
        the right to divert a quantity of water equal to the quantity 
        of water unable to be allocated from Lake Elwell for that year 
        from--
                    (A) any place and at any time in the Marias River 
                downstream of the Lake Elwell Dam; and
                    (B) any place and at any time in the Missouri River 
                downstream of the confluence of the Missouri River and 
                the Marias River.

SEC. 8. MILK RIVER PROJECT.

    (a) Milk River Project Modifications.--
            (1) Procedures.--
                    (A) In general.--The Commissioner, in consultation 
                with the Assistant Secretary for Indian Affairs, the 
                Fort Belknap Indian Community, the Joint Board, and 
                other affected stakeholders, shall modify the operating 
                procedures of the Milk River Project as the 
                Commissioner determines to be necessary to ensure that 
                the Fresno Reservoir is operated in accordance with 
                article III.A.2. and article IV.E. of the Compact.
                    (B) 1946 fresno reservoir agreement.--
                            (i) In general.--The Commissioner shall 
                        carry out such actions as the Commissioner 
                        determines to be necessary to provide an 
                        accounting of the \1/7\ share of the Fort 
                        Belknap Indian Community to the Fresno 
                        Reservoir total quantity of stored water 
                        available for use during each irrigation season 
                        from the waters of the Milk River Project that 
                        are impounded and stored in the Fresno 
                        Reservoir under the agreement between the 
                        Commissioner and the Assistant Secretary of 
                        Indian Affairs relating to the Milk River 
                        Project, numbered I-1-Ind. 18725, and dated 
                        July 8, 1946.
                            (ii) Requirement.--The accounting under 
                        clause (i) shall include monthly calculations 
                        of the \1/7\ share of stored water of the Fort 
                        Belknap Indian Community.
                            (iii) Additional considerations.--In 
                        addition to the \1/7\ share described in clause 
                        (i), the Commissioner shall take into 
                        consideration and fully account for the right 
                        of the Fort Belknap Indian Community to the 
                        Milk River consistent with article III.A.1. of 
                        the Compact.
                            (iv) Downstream release.--Any water stored 
                        on behalf of the Fort Belknap Indian Community 
                        in the Fresno Reservoir that is available at 
                        the end of each irrigation season shall be 
                        released downstream, in a manner to be 
                        determined by the Fort Belknap Indian 
                        Community, for storage in the proposed Fort 
                        Belknap Reservoir.
                            (v) Amendments.--The Commissioner and the 
                        Assistant Secretary for Indian Affairs may 
                        jointly amend the agreement referred to in 
                        clause (i) as the Commissioner and the 
                        Assistant Secretary determine to be necessary 
                        to provide for an equitable accounting of the 
                        share of the Fort Belknap Indian Community 
                        described in clause (i).
            (2) Facilities.--The Secretary may make such modifications 
        to the federally owned facilities of the Milk River Project as 
        the Secretary determines to be necessary to satisfy the 
        applicable mitigation requirements of the Compact.
            (3) Costs.--The Secretary shall retain the fiscal 
        responsibilities described in the agreement described in 
        paragraph (1)(B)(i), including the responsibility for 
        construction costs and annual operation and maintenance 
        charges, that support the continued right of the Fort Belknap 
        Indian Community to the \1/7\ share of water stored in the 
        Fresno Reservoir.
    (b) Milk River Coordinating Committee.--
            (1) In general.--The Secretary, acting through the 
        Commissioner, the Director of the Bureau of Indian Affairs, the 
        Director of the United States Geological Survey, the Director 
        of the United States Fish and Wildlife Service, and the 
        Director of the Bureau of Land Management, may participate in 
        the Milk River Coordinating Committee pursuant to article IV.C. 
        of the Compact.
            (2) Inapplicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the Milk River Coordinating Committee.
            (3) Technical support.--The Secretary may--
                    (A) maintain a publicly accessible database of 
                diversions from the Milk River made--
                            (i) pursuant to the Milk River Project;
                            (ii) under applicable contracts; and
                            (iii) by the Fort Belknap Indian Community; 
                        and
                    (B) provide such other technical support as the 
                Milk River Coordinating Committee may request, 
                including the maintenance of gages necessary to account 
                for daily diversions from the Milk River.
            (4) Coordination of storage and release.--Notwithstanding 
        article IV.C.11. of the Compact, the Secretary (acting through 
        the Commissioner), and in consultation with the Milk River 
        Coordinating Committee, shall develop an accounting for the 
        coordination of storage and release of water from Federal 
        storage facilities within the federally owned portion of the 
        Milk River Project.
    (c) Milk River Project Mitigation.--
            (1) Costs.--
                    (A) In general.--Consistent with the agreement of 
                the Federal Government, the State, and the Fort Belknap 
                Indian Community to provide mitigation measures to 
                address impacts on the water users of the Milk River 
                Project, in accordance with article VI.B. of the 
                Compact and this Act--
                            (i)(I) except as provided in subclause 
                        (II), the total cost of such mitigation 
                        measures shall not exceed $69,500,000, adjusted 
                        to reflect changes in construction cost indices 
                        from January 1, 2021, that are applicable to 
                        the types of construction involved in the 
                        activities described for mitigation activities; 
                        and
                            (II) if the studies by the State and 
                        Federal Government require a cost to support 
                        such mitigation measures that is greater than 
                        $69,500,000, the total cost of such mitigation 
                        shall be such amount as is identified in the 
                        studies, and such amount is hereby approved; 
                        and
                            (ii) the State and the Federal Government 
                        shall enter into a cost-share agreement by not 
                        later than 1 year after the date of enactment 
                        of this Act to contribute to the cost of such 
                        mitigation measures.
                    (B) Treatment of amounts paid.--Any amount paid by 
                the State or the Federal Government under the cost-
                share agreement entered into pursuant to clause (ii) of 
                subparagraph (A) shall be counted toward the 
                fulfillment of the obligation of the State or the 
                Federal Government, respectively, under the agreement 
                described in the matter preceding clause (i) of that 
                subparagraph.
            (2) Compliance with nepa.--The Secretary shall ensure that 
        each project that receives Federal funds under this subsection 
        is carried out in accordance with the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (3) Expenditure of funds.--Subject to applicable State law, 
        funds provided by the State under this subsection may be 
        expended at any time after the date on which funds are 
        provided.
            (4) Report.--Not less frequently than once each year, the 
        Secretary shall request that the State submit to the Fort 
        Belknap Indian Community an accounting of any funds expended by 
        the State under this subsection during the preceding calendar 
        year.
    (d) Tribal Agreement Between the Fort Belknap Indian Community and 
the Blackfeet Tribe Related to the Milk River.--Section 3705(e)(1) of 
the Blackfeet Water Rights Settlement Act (Public Law 114-322; 130 
Stat. 1818) is amended by striking ``shall establish,'' and inserting 
``shall establish, by not later than 4 years after the date on which 
that 3-year period ends,''.

SEC. 9. SATISFACTION OF CLAIMS.

    (a) In General.--The benefits provided under this Act shall be in 
complete replacement of, complete substitution for, and full 
satisfaction of any claim of the Fort Belknap Indian Community against 
the United States that is waived and released by the Fort Belknap 
Indian Community under section 10(a).
    (b) Allottees.--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 by the United States 
        (acting as trustee for the allottees) under section 10(a)(2); 
        and
            (2) any claims of the allottees against the United States 
        similar to the claims described in section 10(a)(2) that the 
        allottee asserted or could have asserted.

SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

    (a) In General.--
            (1) Waiver and release of claims by the fort belknap indian 
        community and united states as trustee for the fort belknap 
        indian community.--Subject to the reservation of rights and 
        retention of claims under subsection (d), as consideration for 
        recognition of the Tribal water rights and other benefits 
        described in the Compact and this Act, the Fort Belknap Indian 
        Community, acting on behalf of the Fort Belknap Indian 
        Community and members of the Fort Belknap Indian Community (but 
        not any member of the Fort Belknap Indian Community as an 
        allottee), and the United States, acting as trustee for the 
        Fort Belknap Indian Community and the members of the Fort 
        Belknap Indian Community (but not any member of the Fort 
        Belknap Indian Community as an allottee), shall execute a 
        waiver and release of all claims for water rights within the 
        State that the Fort Belknap Indian Community, or the United 
        States acting as trustee for the Fort Belknap Indian Community, 
        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 recognized in 
        the Compact and this Act.
            (2) Waiver and release of claims by the united states as 
        trustee for allottees.--Subject to the reservation of rights 
        and the retention of claims under subsection (d), as 
        consideration for recognition of the Tribal water rights and 
        other benefits described in the Compact and this Act, the 
        United States, acting as trustee for the 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 recognized in the Compact and this Act.
            (3) Waiver and release of claims by the fort belknap indian 
        community against the united states.--Subject to the 
        reservation of rights and retention of claims under subsection 
        (d), the Fort Belknap Indian Community, acting on behalf of the 
        Fort Belknap Indian Community and members of the Fort Belknap 
        Indian Community (but not any member of the Fort Belknap Indian 
        Community as an allottee), shall execute a waiver and release 
        of all claims against the United States (including any agency 
        or employee of the United States) relating to--
                    (A) water rights within the State that the United 
                States, acting as trustee for the Fort Belknap Indian 
                Community, asserted or could have asserted in any 
                proceeding, including a general stream adjudication in 
                the State, except to the extent that such rights are 
                recognized as Tribal water rights under this Act;
                    (B)(i) 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, if 
                the claim first accrued on or before the enforceability 
                date;
                            (ii) interference with, diversion of, or 
                        taking of water, if the claim first accrued on 
                        or before the enforceability date; or
                            (iii) failure to protect, acquire, replace, 
                        or develop water, water rights, or water 
                        infrastructure within the State, if the claim 
                        first accrued on or before the enforceability 
                        date;
                    (C) a failure to establish or provide a municipal 
                rural or industrial water delivery system on the 
                Reservation;
                    (D) a failure to provide for operation and 
                maintenance, or deferred maintenance, for the Fort 
                Belknap Indian Irrigation Project or any other 
                irrigation system or irrigation project on the 
                Reservation;
                    (E) the litigation of claims relating to the water 
                rights of the Fort Belknap Indian Community in the 
                State;
                    (F) the negotiation, execution, or adoption of the 
                Compact (including exhibits); and
                    (G) the allocation of water of the Milk River and 
                the St. Mary River (including tributaries) between the 
                United States and Canada pursuant to the International 
                Boundary Waters Treaty of 1909 (36 Stat. 2448).
    (b) Effectiveness.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the waivers and releases under subsection (a) shall take 
        effect on the enforceability date.
            (2) Exchange of federal and state land.--The waivers and 
        releases under subsection (a) relating to the land exchange and 
        transfer described in section 6(a) shall take effect on the 
        date on which the land exchange and transfer into trust is 
        completed in accordance with paragraph (4) of that section.
            (3) Federal land transfers.--The waivers and releases under 
        subsection (a) relating to the land transfers described in 
        section 6(b) shall take effect on the date on which all of the 
        land transfers are completed in accordance with paragraph 
        (6)(B) of that section.
    (c) Objections in Montana Water Court.--Nothing in this Act or the 
Compact prohibits the Fort Belknap Indian Community, a member of the 
Fort Belknap Indian Community, an allottee, or the United States in any 
capacity from objecting to any claim to a water right filed in any 
general stream adjudication in the Montana Water Court.
    (d) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases under subsection (a), the Fort Belknap Indian 
Community, acting on behalf of the Fort Belknap Indian Community and 
members of the Fort Belknap Indian Community, and the United States, 
acting as trustee for the Fort Belknap Indian Community and the 
allottees shall retain--
            (1) all claims (including claims accruing after the 
        enforceability date) relating to--
                    (A) enforcement of water rights recognized under 
                the Compact, the settlement agreement, any final court 
                decree, or this Act; and
                    (B) the land transfers required under section 6;
            (2) all claims relating to--
                    (A) activities affecting the quality of water, 
                including enforcement of any court decrees, any claims 
                the Fort Belknap Indian Community might have pending in 
                any court of competent jurisdiction as of the date of 
                enactment of this Act, and any claims under--
                            (i) the CERCLA, including damages to 
                        natural resources;
                            (ii) the Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.);
                            (iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.); and
                            (iv) any regulations implementing the Acts 
                        described in clauses (i) through (iii);
                    (B) damage, loss, or injury to land or natural 
                resources that are not due to loss of water or water 
                rights (including hunting, fishing, gathering, or 
                cultural rights); and
                    (C) an action to prevent any person or party (as 
                defined in sections 29 and 30 of article II of the 
                Compact) from interfering with the enjoyment of the 
                Tribal water rights;
            (3) all claims arising under section 13(i) relating to the 
        enforcement of any Federal, State, or Tribal law (including 
        common law);
            (4) all claims relating to off-Reservation hunting rights, 
        fishing rights, gathering rights, or other rights;
            (5) all claims relating to the right to use and protect 
        water rights acquired after the date of enactment of this Act;
            (6) all claims relating to the allocation of waters of the 
        Milk River and the Milk River Project between the Fort Belknap 
        Indian Community and the Blackfeet Tribe, pursuant to section 
        3705(e)(3) of the Blackfeet Water Rights Settlement Act (Public 
        Law 114-322; 130 Stat. 1818); and
            (7) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        Act or the Compact.
    (e) Effect of Compact and Act.--Nothing in the Compact or this 
Act--
            (1) affects the authority of the Fort Belknap Indian 
        Community to enforce the laws of the Fort Belknap Indian 
        Community, including with respect to environmental protections;
            (2) affects the ability of the United States, acting as a 
        sovereign, to take any action authorized by law (including 
        regulations), including any law relating to health, safety, or 
        the environment, including--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.); and
                    (C) the CERCLA;
            (3) affects the ability of the United States to act as 
        trustee for any other Indian Tribe or an allottee of any other 
        Indian Tribe;
            (4) confers jurisdiction on any State court--
                    (A) to interpret Federal law relating to health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                any other party pursuant to a Federal law relating to 
                health, safety, or the environment;
                    (C) to conduct judicial review of a Federal agency 
                action; or
                    (D) to interpret Tribal law; or
            (5) waives any claim of a member of the Fort Belknap Indian 
        Community in an individual capacity that does not derive from a 
        right of the Fort Belknap Indian Community.
    (f) Enforceability Date.--The enforceability date shall be the date 
on which the Secretary publishes in the Federal Register a statement of 
findings that--
            (1) the eligible members of the Fort Belknap Indian 
        Community have voted to approve this Act and the Compact by a 
        majority of votes cast on the day of the vote;
            (2)(A) the Montana Water Court has issued a final judgment 
        and decree approving 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 district court has 
        approved the Compact, and that decision has become final and 
        nonappealable;
            (3) all of the amounts authorized under section 12 have 
        been appropriated and deposited in the designated accounts;
            (4) the Secretary has executed the agreements with the Fort 
        Belknap Indian Community as required under the Compact and this 
        Act, which agreements are--
                    (A) the agreement described in section 
                6(b)(3)(D)(ii); and
                    (B) the agreement described in section 7(c)(1);
            (5) the State has paid the amounts under section 
        (8)(c)(1)(A) and section 11(n)(1) into mitigation funding 
        accounts that shall be established as part of the cost-share 
        agreements required pursuant to those sections; and
            (6) the waivers and releases under subsection (a) (other 
        than the waivers and releases for which a different effective 
        date has been provided under paragraphs (2) and (3) of 
        subsection (b)) have been executed by the Fort Belknap Indian 
        Community 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 for the period beginning on the 
        date of enactment of this Act and ending on the enforceability 
        date.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitations or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
    (h) Voiding of Waivers.--If the authority provided by this Act 
terminates under section 14--
            (1) the approval by the United States of the Compact under 
        section 4 shall no longer be effective;
            (2) any waivers and releases executed by the Fort Belknap 
        Indian Community under this section shall be void;
            (3) any unexpended and unobligated Federal funds in the 
        Settlement Trust Fund not made available to the Fort Belknap 
        Indian Community as authorized by this Act, together with any 
        interest earned on those funds, shall be returned to the 
        Federal Government, unless otherwise agreed to by the Fort 
        Belknap Indian Community and the United States; and
            (4) all statutes of limitations applicable to any claim 
        subject to the waiver shall be tolled until, as applicable--
                    (A) June 30, 2035; or
                    (B) a later date in accordance with section 
                14(a)(1)(B).

SEC. 11. AANIIIH NAKODA SETTLEMENT TRUST FUND.

    (a) Definition of Plan.--
            (1) In general.--In this section, the term ``Plan'' means 
        the document entitled ``Fort Belknap Indian Community 
        Comprehensive Water Development Plan'', prepared by Natural 
        Resources Consulting Engineers, Inc., and dated February 2019.
            (2) Inclusion.--In this section, the term ``Plan'' includes 
        any modification to the document referred to in paragraph (1) 
        that the Fort Belknap Indian Community determines to be 
        necessary to account for conditions in existence at the time at 
        which an activity is carried out pursuant to this section.
    (b) Establishment.--
            (1) In general.--The Secretary shall establish in the 
        Treasury of the United States a trust fund for the Fort Belknap 
        Indian Community, to be known as the ``Aaniiih Nakoda 
        Settlement Trust Fund'', consisting of--
                    (A) the amounts deposited in the Trust Fund under 
                subsection (d); and
                    (B) any interest earned on those amounts.
            (2) Management; availability.--For the purpose of carrying 
        out this Act, amounts in the Trust Fund shall--
                    (A) be allocated, maintained, managed, invested, 
                and distributed by the Secretary; and
                    (B) remain available until expended.
    (c) Accounts.--The Secretary shall establish in the Trust Fund the 
following accounts:
            (1) The Fort Belknap Indian Community Tribal Land and Water 
        Rehabilitation, Modernization, and Expansion Account for 
        activities described in the Plan relating to--
                    (A) rehabilitation and modernization, including 
                improvements to increase conservation efforts, of the 
                Milk River unit of the Fort Belknap Indian Irrigation 
                Project;
                    (B) expansion of the Milk River unit of the Fort 
                Belknap Indian Irrigation Project;
                    (C) rehabilitation and modernization of the 
                Southern Tributary Irrigation Project units of the Fort 
                Belknap Indian Irrigation Project;
                    (D) the Peoples Creek Irrigation Project of the 
                Fort Belknap Indian Irrigation Project; and
                    (E) other land- and water-related projects.
            (2) The Fort Belknap Indian Community Water Resources and 
        Water Rights Administration, Operation, Maintenance, and Repair 
        Account, of which only the earned interest may be used to pay 
        for activities described in the Plan relating to--
                    (A) the costs of administering and regulating the 
                Tribal water rights, including through--
                            (i) the development or enactment of a 
                        Tribal water code in accordance with section 
                        5(f); and
                            (ii) the establishment and operation of a 
                        Tribal water resources department; and
                    (B) the annual operations, maintenance, and repair 
                assessment costs for the Tribe and Tribal member water 
                users, including allottees.
            (3) The Fort Belknap Indian Community Tribal Economic 
        Development Account, the principal and interest of which may be 
        used by the Fort Belknap Indian Community to pay the costs of 
        such activities described in the Plan as the Fort Belknap 
        Indian Community determines to be necessary to advance the 
        economic development of the Fort Belknap Indian Community.
            (4) The Fort Belknap Indian Community Clean and Safe 
        Domestic Water Supply and Wastewater Systems Account, the 
        principal and interest of which may be used by the Fort Belknap 
        Indian Community to pay the costs of activities described in 
        the Plan relating to--
                    (A) preparation of a feasibility study and design 
                of a water supply and sewer treatment system for the 
                Fort Belknap Indian Community;
                    (B) the planning, design, and construction of a 
                domestic water supply system and related facilities for 
                Tribal communities;
                    (C) the planning, design, and construction of a 
                wastewater treatment and collections system for Tribal 
                communities; and
                    (D) environmental compliance in the development and 
                construction of projects under this Act.
    (d) Deposits.--The Secretary shall deposit--
            (1) in the Fort Belknap Indian Community Tribal Land and 
        Water Rehabilitation, Modernization, and Expansion Account 
        established under subsection (c)(1), the amounts made available 
        pursuant to section 12(b);
            (2) in the Fort Belknap Indian Community Water Resources 
        and Water Rights Administration, Operation, Maintenance, and 
        Repair Account established under subsection (c)(2), the amounts 
        made available pursuant to section 12(c);
            (3) in the Fort Belknap Indian Community Tribal Economic 
        Development Account established under subsection (c)(3), the 
        amounts made available pursuant to section 12(d); and
            (4) in the Fort Belknap Indian Community Clean and Safe 
        Domestic Water Supply and Wastewater Systems Account 
        established under subsection (c)(4), the amounts made available 
        pursuant to section 12(e).
    (e) Management and Interest.--
            (1) Management.--On receipt and deposit of the funds into 
        the accounts in the Trust Fund pursuant to subsection (d), the 
        Secretary shall manage, invest, and distribute all amounts in 
        the Trust Fund 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 
        subsection (d), any investment earnings, including interest, 
        credited to amounts held in the Trust Fund are authorized to be 
        appropriated for use in accordance with subsection (c).
    (f) Availability of Amounts.--
            (1) Funding.--Except as provided in paragraph (3), the 
        amounts made available under this section (including any 
        investment earnings on those amounts) shall be available for 
        expenditure or withdrawal by the Fort Belknap Indian Community 
        without fiscal year limitation beginning on the enforceability 
        date.
            (2) Other funding.--In addition to funding specifically 
        made available under this Act, if the Secretary determines 
        that, for a given fiscal year, a sufficient amount of funding 
        has not been made available through annual appropriations or 
        other sources, the Secretary shall expend from 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)) 
        such amounts as are necessary to pay the Federal share of the 
        costs associated with the Trust Fund.
            (3) Use.--Any amounts--
                    (A) deposited in the Fort Belknap Indian Community 
                Tribal Land and Water Rehabilitation, Modernization, 
                and Expansion Account established under subsection 
                (c)(1) shall be available to the Fort Belknap Indian 
                Community or the Secretary, as applicable, on the date 
                on which the amounts are deposited, for the uses 
                described in that subsection; and
                    (B) deposited in the Fort Belknap Indian Community 
                Water Resources and Water Rights Administration, 
                Operation, Maintenance, and Repair Account established 
                under subsection (c)(2) shall be made available to the 
                Fort Belknap Indian Community on the date on which the 
                amounts are deposited and the Fort Belknap Indian 
                Community has satisfied the requirements of section 
                10(f)(1) for the uses described in subsection (c)(2).
    (g) Withdrawals.--
            (1) American indian trust fund management reform act of 
        1994.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Fort Belknap Indian Community may withdraw any 
                portion of the amounts in the Trust Fund on approval by 
                the Secretary of a Tribal management plan submitted by 
                the Fort Belknap Indian Community in accordance with 
                the American Indian Trust Fund Management Reform Act of 
                1994 (25 U.S.C. 4001 et seq.).
                    (B) Additional requirements.--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 this paragraph shall 
                require that the Fort Belknap Indian Community 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.
                    (C) Exception.--
                            (i) In general.--A withdrawal from the Fort 
                        Belknap Indian Community Tribal Land and Water 
                        Rehabilitation, Modernization, and Expansion 
                        Account established under subsection (c)(1)--
                                    (I) shall be made only in 
                                accordance with subsection (f)(3); and
                                    (II) notwithstanding any other 
                                provision of law, shall not be subject 
                                to the American Indian Trust Fund 
                                Management Reform Act of 1994 (25 
                                U.S.C. 4001 et seq.), consistent with 
                                subsection (m).
                            (ii) Secretarial responsibility.--The 
                        Secretary shall be responsible for carrying out 
                        activities described in subsection (c)(1).
                    (D) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary--
                            (i) to enforce the Tribal management plan; 
                        and
                            (ii) to ensure that amounts withdrawn from 
                        the Trust Fund by the Fort Belknap Indian 
                        Community under this paragraph are used in 
                        accordance with this Act.
            (2) Effect.--Nothing in this subsection entitles the Fort 
        Belknap Indian Community to judicial review of a determination 
        of the Secretary regarding whether to approve a Tribal 
        management plan under paragraph (1)(A), other than as provided 
        under subchapter II of chapter 5, and chapter 7, of title 5, 
        United States Code (commonly known as the ``Administrative 
        Procedure Act'').
    (h) Liability.--The Secretary shall not be liable for any 
expenditure or investment of amounts withdrawn from the Trust Fund by 
the Fort Belknap Indian Community pursuant to subsection (g).
    (i) Annual Report.--For each account in the Trust Fund (other than 
the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, 
Modernization, and Expansion Account established under subsection 
(c)(1)), the Fort Belknap Indian Community shall submit to the 
Secretary a report in accordance with, as applicable--
            (1) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.); or
            (2) the Tribal management plan.
    (j) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any member 
of the Fort Belknap Indian Community on a per capita basis.
    (k) Ownership of the Fort Belknap Indian Irrigation Project.--
            (1) In general.--The Fort Belknap Indian Irrigation Project 
        shall be held in trust by the United States for the benefit of 
        the Fort Belknap Indian Community.
            (2) Management and control; financial responsibility.--
                    (A) In general.--The Secretary, acting through the 
                Director of the Bureau of Indian Affairs (referred to 
                in this paragraph as the ``Secretary''), shall--
                            (i) retain the Federal responsibilities, 
                        including fiduciary obligations and liability, 
                        as trustee of the Fort Belknap Indian 
                        Irrigation Project for the Fort Belknap Indian 
                        Community; and
                            (ii) except as provided in subparagraph 
                        (B), have full responsibility for the 
                        regulation, administration, management, and 
                        control of the Fort Belknap Indian Irrigation 
                        Project.
                    (B) Indian self-determination.--At the option of 
                the Fort Belknap Indian Community, the Secretary shall 
                enter into an agreement with the Fort Belknap Indian 
                Community in accordance with the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5301 et seq.) under which--
                            (i) the Fort Belknap Indian Community shall 
                        assume responsibility for the regulation, 
                        administration, management, and control of a 
                        portion or all of the Fort Belknap Indian 
                        Irrigation Project; and
                            (ii) the Secretary shall retain fiduciary 
                        obligations and liability, as trustee of the 
                        Fort Belknap Indian Irrigation Project for the 
                        Fort Belknap Indian Community.
            (3) Operations, maintenance, and repair costs.--Except as 
        otherwise provided in this Act, nothing in this Act affects any 
        obligation, including financial obligations, of the United 
        States for the operations, maintenance, and repair costs of the 
        Fort Belknap Indian Irrigation Project.
    (l) Water Transport Obligation.--
            (1) In general.--The Secretary shall provide assistance 
        with planning, design, and construction activities necessary to 
        carry out the activities described in paragraphs (3) and (4) of 
        subsection (c).
            (2) Authorization of studies.--The Secretary, with the 
        informed consent of the Fort Belknap Indian Community, shall 
        carry out 1 or more studies--
                    (A) to determine the feasibility of a water supply 
                and wastewater system for the Fort Belknap Indian 
                Community; and
                    (B) if a project to be developed and constructed 
                under this Act is associated with, affected by, or 
                located within the same river basin as a Federal 
                reclamation project in existence on the date of 
                enactment of this Act--
                            (i) to determine the environmental impact 
                        of the project; and
                            (ii) to ensure environmental compliance in 
                        the development and construction of the 
                        project.
    (m) Indian Self-Determination.--
            (1) In general.--Notwithstanding any other provision of 
        law, if the Fort Belknap Indian Community, not later than 180 
        days after the date on which funds are appropriated for deposit 
        in the Trust Fund and available for withdrawal, or not later 
        than such alternative date as is agreed to by the Fort Belknap 
        Indian Community and the Secretary, elects to perform a 
        program, function, service, or activity, or a portion thereof, 
        authorized under subsection (c)(1), the Secretary and the Fort 
        Belknap Indian Community shall enter into, with respect to the 
        program, function, service, or activity--
                    (A) a self-determination contract under title I of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5321 et seq.); or
                    (B) a self-governance compact under title IV of 
                that Act (25 U.S.C. 5361 et seq.).
            (2) Funding agreements.--
                    (A) In general.--After entering into a self-
                determination contract or self-governance compact under 
                paragraph (1), the Secretary and the Fort Belknap 
                Indian Community may enter into a funding agreement 
                pursuant to section 403 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5363).
                    (B) Requirements.--
                            (i) In general.--In providing to the Fort 
                        Belknap Indian Community funding, including 
                        funding for any related contract supports 
                        costs, to carry out a funding agreement entered 
                        into under subparagraph (A), the Secretary 
                        shall only use amounts from the Fort Belknap 
                        Indian Community Tribal Land and Water 
                        Rehabilitation, Modernization, and Expansion 
                        Account established under subsection (c)(1).
                            (ii) Application of self-determination 
                        contract or self-governance compact.--Any funds 
                        transferred for use in a funding agreement 
                        under this paragraph shall be subject to the 
                        self-determination contract or self-governance 
                        compact entered into under paragraph (1).
            (3) Applicability of certain isdeaa provisions.--For 
        purposes of this subsection--
                    (A) 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 
                completion, of the program, function, service, or 
                activity carried out pursuant to the self-determination 
                contract or self-governance compact entered into under 
                paragraph (1);
                    (B) the program, function, service, or activity 
                carried out pursuant to the self-determination contract 
                or self-governance compact entered into under paragraph 
                (1) 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
                    (C) reporting requirements regarding planning, 
                design, and the use and expenditure of funds shall be 
                negotiated and included within the funding agreement 
                entered into under paragraph (2).
            (4) Secretarial performance of activities.--If the Fort 
        Belknap Indian Community does not elect to carry out the 
        program, function, service, or activity under paragraph (1) by 
        the deadline described in that paragraph, the Secretary shall 
        carry out the program, function, service, or activity using 
        amounts made available from the Fort Belknap Indian Community 
        Tribal Land and Water Rehabilitation, Modernization, and 
        Expansion Account established under subsection (c)(1).
            (5) Nonreimbursability of costs.--All costs incurred in 
        carrying out this subsection, including the cost of any 
        oversight activity carried out by the Secretary under any 
        agreement entered into under this subsection, shall be 
        nonreimbursable.
            (6) Treatment.--Any activities carried out pursuant to a 
        self-determination contract or self-governance compact entered 
        into under paragraph (1) that result in improvements, 
        additions, or modifications to the Fort Belknap Indian 
        Irrigation Project, including the acquisition of any real 
        property interest (other than land), shall--
                    (A) become a part of the inventory of the Secretary 
                relating to the Fort Belknap Indian Irrigation Project; 
                and
                    (B) be recorded in the inventory of the Secretary 
                relating to the Fort Belknap Indian Irrigation Project.
    (n) Peoples Creek Dam and Reservoir.--
            (1) In general.--Consistent with the agreement of the 
        Federal Government, the State, and the Fort Belknap Indian 
        Community to contribute to the cost of design and construction 
        of the Peoples Creek Dam and Reservoir to support mitigation 
        activities pursuant to article VI.C. of the Compact and this 
        Act--
                    (A)(i) except as provided in clause (ii), the total 
                cost of such mitigation measures shall not exceed 
                $15,500,000, adjusted to reflect changes in the 
                construction cost indices from May 1, 2021, that are 
                applicable to the types of construction involved in the 
                activities described for the mitigation activities; and
                    (ii) if the studies by the State and Federal 
                Government require a cost to support such mitigation 
                measures that is greater than $15,500,000, the total 
                cost of such mitigation shall be such amount as is 
                identified in the studies, and such amount is hereby 
                approved; and
                    (B) the State and the Federal Government shall 
                enter into a cost-share agreement by not later than 1 
                year after the date of enactment of this Act to 
                contribute to the cost of such mitigation measures.
            (2) Treatment of amounts paid.--Any amount paid by the 
        State or the Federal Government under the cost-share agreement 
        entered into pursuant to paragraph (1) shall be counted toward 
        the fulfillment of the obligation of the State or the Federal 
        Government, respectively, under the agreement described in the 
        matter preceding subparagraph (A) of that paragraph.
    (o) Nonreimbursability of Costs.--The costs to the Secretary of 
carrying out this section shall be nonreimbursable.

SEC. 12. FUNDING.

    (a) Reclamation Water Settlements Fund.--
            (1) In general.--Notwithstanding any other provision of 
        law, on October 1, 2022, and each October 1 thereafter through 
        October 1, 2034, out of any funds in the Treasury not otherwise 
        appropriated, the Secretary of the Treasury shall transfer to 
        the Secretary for deposit 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)) $30,000,000, to 
        remain available until expended, for the use described in 
        paragraph (2).
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        section 10501(c)(3)(B)(iii) of the Omnibus Public Land 
        Management Act of 2009 (43 U.S.C. 407(c)(3)(B)(iii)) the funds 
        transferred under paragraph (1) specifically to pay towards the 
        Federal share of the remaining costs of implementing the Indian 
        water rights settlement agreement for the Fort Belknap Indian 
        Community under this Act, without further appropriation.
    (b) Fort Belknap Indian Community Tribal Land and Water, 
Rehabilitation, Modernization, and Expansion Account.--
            (1) Mandatory appropriations.--Out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall deposit in the Fort Belknap Indian Community 
        Tribal Land and Water Rehabilitation, Modernization, and 
        Expansion Account established under paragraph (1) of section 
        11(c) $134,478,400, as adjusted to reflect changes in 
        construction cost indices since May 1, 2011, that are 
        applicable to the types of construction involved in the 
        activities described in that paragraph.
            (2) Authorization of appropriations.--In addition to the 
        amounts made available under paragraph (1), there is authorized 
        to be appropriated for deposit in the Fort Belknap Indian 
        Community Tribal Land and Water Rehabilitation, Modernization, 
        and Expansion Account established under paragraph (1) of 
        section 11(c) $105,661,600, as adjusted to reflect changes in 
        construction cost indices since May 1, 2011, that are 
        applicable to the types of construction involved in the 
        activities described in that paragraph.
    (c) Fort Belknap Indian Community Water Resources and Water Rights 
Administration, Operation, Maintenance, and Repair Account.--
            (1) Mandatory appropriations.--Out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall deposit in the Fort Belknap Indian Community 
        Water Resources and Water Rights Administration, Operation, 
        Maintenance, and Repair Account established under paragraph (2) 
        of section 11(c) $31,263,000, as adjusted to reflect changes in 
        construction cost indices since May 1, 2011, that are 
        applicable to the types of construction involved in the 
        activities described in that paragraph.
            (2) Authorization of appropriations.--In addition to the 
        amounts made available under paragraph (1), there is authorized 
        to be appropriated for deposit in the Fort Belknap Indian 
        Community Water Resources and Water Rights Administration, 
        Operation, Maintenance, and Repair Account established under 
        paragraph (2) of section 11(c) $30,037,000, as adjusted to 
        reflect changes in construction cost indices since May 1, 2011, 
        that are applicable to the types of construction involved in 
        the activities described in that paragraph.
    (d) Fort Belknap Indian Community Tribal Economic Development 
Account.--
            (1) Mandatory appropriations.--Out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall deposit in the Fort Belknap Indian Community 
        Tribal Economic Development Account established under paragraph 
        (3) of section 11(c) $92,614,500, as adjusted to reflect 
        changes in construction cost indices since May 1, 2011, that 
        are applicable to the types of construction involved in the 
        activities described in that paragraph.
            (2) Authorization of appropriations.--In addition to the 
        amounts made available under paragraph (1), there is authorized 
        to be appropriated for deposit in the Fort Belknap Indian 
        Community Tribal Economic Development Account established under 
        paragraph (3) of section 11(c) $75,775,500, as adjusted to 
        reflect changes in construction cost indices since May 1, 2011, 
        that are applicable to the types of construction involved in 
        the activities described in that paragraph.
    (e) Fort Belknap Indian Community Clean and Safe Domestic Water 
Supply and Wastewater Systems Account.--
            (1) Mandatory appropriations.--Out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall deposit in the Fort Belknap Indian Community 
        Clean and Safe Domestic Water Supply and Wastewater Systems 
        Account established under paragraph (4) of section 11(c) 
        $69,036,800, as adjusted to reflect changes in construction 
        cost indices since May 1, 2011, that are applicable to the 
        types of construction involved in the activities described in 
        that paragraph.
            (2) Authorization of appropriations.--In addition to the 
        amounts made available under paragraph (1), there is authorized 
        to be appropriated for deposit in the Fort Belknap Indian 
        Community Clean and Safe Domestic Water Supply and Wastewater 
        Systems Account established under paragraph (4) of section 
        11(c) $54,243,200, as adjusted to reflect changes in 
        construction cost indices since May 1, 2011, that are 
        applicable to the types of construction involved in the 
        activities described in that paragraph.
    (f) Federal Contribution to the Milk River Project Mitigation.--
            (1) In general.--Pursuant to article VI.B. of the Compact, 
        the Federal contribution to the mitigation of impacts on the 
        Milk River Project shall be the amount paid by the Federal 
        Government pursuant to section 8(c)(1)(A)(ii), to be used to 
        support the cost of construction and watershed improvements 
        involved in the mitigation activities.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection, an amount equal to the amount described in 
        paragraph (1) for fiscal year 2022, as adjusted to reflect 
        changes in construction cost indices since May 1, 2021, that 
        are applicable to the types of construction and other 
        activities involved in the mitigation activities that will be 
        implemented for the Milk River Project.
    (g) Federal Contribution to the Upper Peoples Creek Project 
Mitigation.--
            (1) In general.--Pursuant to article VI.C. of the Compact, 
        the Federal contribution to the protection provided to the 
        Upper Peoples Creek water users in the Peoples Creek Basin 
        shall be the amount paid by the Federal Government pursuant to 
        section 11(n)(1), to be used to support the cost of design and 
        construction of the Upper Peoples Creek Dam and Reservoir.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection an amount equal to the amount described in paragraph 
        (1) for fiscal year 2022, as adjusted to reflect changes in 
        construction cost indices since May 1, 2021, that are 
        applicable to the types of design and construction involved in 
        the mitigation activities that will be implemented for the 
        Upper Peoples Creek Dam and Reservoir.
    (h) Nonreimbursability of Costs.--All amounts incurred by the 
Secretary under this section shall be nonreimbursable.

SEC. 13. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Except as 
provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
in this Act waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian Tribe, band, or community 
other than the Fort Belknap Indian Community.
    (c) Elimination of Department of Agriculture Debts or Liens Against 
Allotments of the Fort Belknap Indian Community Members Within the Fort 
Belknap Indian Irrigation Project.--The Secretary shall cancel and 
eliminate all debts or liens against the allotments of land held by the 
Fort Belknap Indian Community and the members of the Fort Belknap 
Indian Community due to construction assessments, annual operation and 
maintenance charges, and any other charge that may have been levied 
relating to an irrigation project of the Secretary for the Fort Belknap 
Indian Community.
    (d) Effect on Current Law.--Nothing in this Act affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to pre-enforcement 
review of any Federal environmental enforcement action.
    (e) Effect on Reclamation Laws.--The activities carried out by the 
Commissioner under this Act shall not establish a precedent or impact 
the authority provided under any other provision of the reclamation 
laws, including--
            (1) the Reclamation Rural Water Supply Act of 2006 (43 
        U.S.C. 2401 et seq.); and
            (2) the Omnibus Public Land Management Act of 2009 (Public 
        Law 111-11; 123 Stat. 991).
    (f) Additional Funding.--Nothing in this Act prohibits the Fort 
Belknap Indian Community from seeking--
            (1) additional funds for Tribal programs or purposes; or
            (2) funding from the United States or the State based on 
        the status of the Fort Belknap Indian Community as an Indian 
        Tribe.
    (g) Rights Under State Law.--Except as provided in section 1 of 
article III of the Compact (relating to the closing of certain water 
basins in the State to new appropriations in accordance with the laws 
of the State), nothing in this Act or the Compact precludes the 
acquisition or exercise of a right arising under State law (as defined 
in section 6 of article II of the Compact) to the use of water by the 
Fort Belknap Indian Community, or a member or allottee of the Fort 
Belknap Indian Community, outside the Reservation by--
            (1) purchase of the right; or
            (2) submitting to the State an application in accordance 
        with State law.
    (h) Water Storage and Importation.--Nothing in this Act or the 
Compact prevents the Fort Belknap Indian Community from participating 
in any project to import water to, or to add storage in, the Milk River 
Basin.
    (i) Environmental Protection.--
            (1) Definition of little rockies mountains.--In this 
        subsection, the term ``Little Rockies Mountains'' means the 
        mountains that--
                    (A) form the southern boundary of the Reservation; 
                and
                    (B) are sacred and culturally significant to the 
                Fort Belknap Indian Community.
            (2) Protection.--Nothing in the Compact or this Act 
        limits--
                    (A) the authority of the United States, the State, 
                or the Fort Belknap Indian Community to enforce any 
                Federal, State, or Tribal law (including common law) 
                relating to the protection of the environment; or
                    (B) any claim of the Fort Belknap Indian Community, 
                a member of the Fort Belknap Indian Community, or an 
                allottee, or of the United States, acting on behalf of 
                the Fort Belknap Indian Community, a member of the Fort 
                Belknap Indian Community, or an allottee, for--
                            (i) damage to water quality caused by 
                        mining activities in the Little Rockies 
                        Mountains; or
                            (ii) depletion in surface flows or 
                        groundwater on the southern end of the 
                        Reservation.

SEC. 14. TERMINATION ON FAILURE TO MEET ENFORCEABILITY DATE.

    (a) In General.--If the Secretary has not published a statement of 
findings under section 10(f) by the applicable date described in 
subsection (b)--
            (1) the authority provided by this Act shall terminate 
        effective on--
                    (A) January 1, 2035; or
                    (B) a later date agreed to by the Fort Belknap 
                Indian Community and the Secretary;
            (2) any action taken by the Secretary and any contract or 
        agreement entered into pursuant to this Act that can be 
        reversed shall be void; and
            (3) any waivers and releases executed under section 10(a) 
        shall be void.
    (b) Date Described.--The date referred to in subsection (a) is, as 
applicable--
            (1) December 31, 2034; or
            (2) an alternative later date agreed to by the Fort Belknap 
        Indian Community and the Secretary after reasonable notice to 
        the State.

SEC. 15. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this Act, including any 
obligation or activity under the Compact, if--
            (1) adequate appropriations are not provided by Congress 
        expressly to carry out the purposes of this Act; or
            (2) there are not enough funds available 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)) 
        to carry out the purposes of this Act.
                                 <all>