Section 1 Short title
This Act may be cited as the “Blackfeet Water Rights Settlement Act of 2013”.
Blackfeet Water Rights Settlement Act of 2013
A BILL
To authorize and implement the water rights compact among the Blackfeet Tribe of the Blackfeet Indian Reservation and the State of Montana, and for other purposes.
Sec. 2 Purposes
The purposes of this Act are—
to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana for—
the Blackfeet Tribe of the Blackfeet Indian Reservation; and
the United States, for the benefit of the Tribe and allottees;
to approve, ratify, and confirm the water rights compact entered into by the Tribe and the State, to the extent that the Compact is consistent with this Act;
to require the Secretary of the Interior—
to execute the Compact; and
to carry out any other activity necessary to carry out the Compact in accordance with this Act; and
to authorize funds necessary for the implementation of the Compact and this Act.
Sec. 3 Definitions
In this Act:
Allottee— The term allottee means any individual who holds a beneficial real property interest in an allotment of Indian land that is—
located within the Reservation; and
held in trust by the United States.
Available St. Mary water— The term available St. Mary water means—
water from the St. Mary River allocated to the United States under the International Boundary Waters Treaty of 1909 between the United States and Great Britain relating to boundary waters between the United States and Canada entered into force on May 13, 1910 (36 Stat. 2448), minus the quantity of water required for the Milk River Project water right; and
water that is—
otherwise part of the Milk River Project water right; and
made available by the United States to the Tribe without any net reduction of the legal entitlement to water of any water user under the jurisdiction of an entity that is a party to a contract for water from the Milk River Project water right, as determined—
initially, by the Secretary; and
subsequently, by a court of competent jurisdiction.
Birch Creek Agreement— The term Birch Creek Agreement means—
the agreement between the Tribe and the State regarding Birch Creek water use dated January 31, 2008, as amended on February 13, 2009; and
any amendment or exhibit (including exhibit amendments) to that agreement that is executed in accordance with this Act.
Birch Creek Mitigation Project— The term Birch Creek Mitigation Project means the project necessary to provide water from Four Horns Reservoir to State water rights users on Birch Creek in fulfillment of the obligations of the Tribe under the Birch Creek Agreement.
Blackfeet Irrigation Project— The term Blackfeet Irrigation Project means the irrigation project authorized by the matter under the heading “Montana” of title II of the Act of March 1, 1907 (34 Stat. 1035, chapter 2285), and administered by the Bureau of Indian Affairs.
Compact— The term Compact means—
the Blackfeet-Montana water rights compact dated December 14, 2007, as contained in section 85–20–1501 of the Montana Code Annotated (2011); and
any amendment or exhibit (including exhibit amendments) to the Compact that is executed in accordance with this Act.
Enforceability date— The term enforceability date means the date described in section 19(e).
Lake Elwell— The term Lake Elwell means the water impounded on the Marias River in the State by Tiber Dam, a feature of the Lower Marias Unit of the Pick-Sloan Missouri River Basin Program authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944) (58 Stat. 891, chapter 665).
Milk River basin— The term Milk River basin means the main stem of the Milk River (including tributaries), from the headwaters of that river to the confluence with the Missouri River.
Milk River Project—
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.
Inclusions— The term Milk River Project includes—
the St. Mary storage unit;
the Fresno Dam; and
the Dodson pumping unit.
Milk River Project water right— The term Milk River Project water right means the water right held by the Bureau of Reclamation on behalf of the Milk River Project, as finally adjudicated by the Montana Water Court.
Milk River water right— The term Milk River water right means the Milk River water right of the Tribe as established in article III.F of the Compact.
Missouri River basin— The term Missouri River basin means the hydrologic basin of the Missouri River (including tributaries).
MR&I System— The term MR&I System means—
the intake, treatment, pumping, storage, pipelines, appurtenant items, and real property, as generally described in the document entitled Blackfeet Regional Water System Report, prepared by DOWL HKM, and dated June 2010, and updated in the memorandum entitled Blackfeet Regional Water System Potential Cost Modifications, prepared by DOWL HKM, and dated November 3, 2011; and
the existing public water systems improved under subparagraph (A).
OM&R— The term OM&R means—
any recurring or ongoing activity associated with the day-to-day operation of a project;
any activity relating to scheduled or unscheduled maintenance of a project; and
any activity relating to replacing a feature of a project.
Pondera County Canal and Reservoir Company Project— The term Pondera County Canal and Reservoir Company Project means the project authorized in part by section 4 of the Act of August 18, 1894 (28 Stat. 422), and lying south of Birch Creek in Montana Water Court Basin 41M.
Reservation— The term Reservation means the Blackfeet Indian Reservation of Montana, as in existence on the date of enactment of this Act.
St. Mary River water right— The term St. Mary River water right means the water right of the Tribe in the St. Mary River as established by article III.G.1.a.i. of the Compact and implemented in accordance with article IV.D.4 of the Compact and this Act.
St. Mary Unit—
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.
Inclusions— The term St. Mary Unit includes—
Sherburne Dam and Reservoir;
Swift Current Creek Dike;
Lower St. Mary Lake;
St. Mary Canal Diversion Dam; and
St. Mary Canal and appurtenances.
Secretary— The term Secretary means the Secretary of the Interior.
State— The term State means the State of Montana.
Tribal water code— The term tribal water code means the code adopted by the Tribe in the tribal ordinance numbered 62 (as amended in accordance with the Compact and this Act).
Tribal water right— The term tribal water right means the right of the Tribe to divert, use, or store water, as established in—
article III of the Compact;
the allocation of water to the Tribe from Lake Elwell pursuant to section 8; and
any allocation of water to the Tribe pursuant to this Act in fulfillment of the water rights of the Tribe.
Tribe— The term Tribe means the Blackfeet Tribe of the Blackfeet Indian Reservation.
Sec. 4 Milk River water right
Resolution alternatives—
In general— Not later than 10 years after the enforceability date, the Tribe shall identify, and discuss with the Fort Belknap Indian Community, alternatives to resolve any conflict between the Milk River water right and the Milk River water right of the Fort Belknap Indian Community.
Action by Secretary— The Secretary shall—
facilitate discussions between the Tribe and the Fort Belknap Indian Community under paragraph (1); and
provide technical assistance to the Tribe and the Fort Belknap Indian Community to carry out paragraph (1).
Uses by Tribe— During the 10-year period described in paragraph (1), the Tribe may—
continue the present and historical uses of water by the Tribe; and
exercise any State water rights in the Milk River basin possessed or acquired by the Tribe.
Secretarial determination— If the Tribe and the Fort Belknap Indian Community are unable to reach an agreement on appropriate alternatives to resolve any conflicts during the period described in subsection (a)(1), the Secretary shall identify and implement alternatives to resolve any conflict between the Milk River water right and the Milk River right of the Fort Belknap Indian Community, subject to the conditions that—
the Secretary shall consult with the Tribe and the Fort Belknap Indian Community in identifying the alternatives; and
the Tribe and the Fort Belknap Indian Community shall agree to the alternatives identified by the Secretary.
Sec. 5 St. Mary River water right
In general— Pursuant to article IV.D.4 of the Compact, the Secretary, acting through the Commissioner of Reclamation, shall carry out the activities authorized by this section relating to the St. Mary River water right.
Water delivery contract—
In general— Not later than 180 days after the enforceability date, the Secretary shall enter into a water delivery contract with the Tribe for the delivery of 5,000 acre-feet per year of the St. Mary River water right through Milk River Project facilities to the Tribe or another entity specified by the Tribe.
Terms and conditions— The contract under paragraph (1) shall establish the terms and conditions for the water deliveries described in paragraph (1) in accordance with the Compact and this Act.
Requirements— The water delivery contract under paragraph (1) shall include provisions requiring that—
the contract shall be without limit as to term;
the Tribe, and not the United States, shall collect, and shall be entitled to, all consideration due to the Tribe under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (e);
the United States shall have no obligation to monitor, administer, or account for—
any funds received by the Tribe as consideration under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (e); or
the expenditure of such funds;
if water deliveries under the contract are interrupted for an extended period of time because of damage to, or a reduction in the capacity of, St. Mary Unit facilities, the rights of the Tribe shall be treated the same as the rights of other contractors receiving water deliveries through the Milk River Project with respect to the water delivered under this section;
the Tribe shall not be required to pay operation, maintenance, or replacement costs for the water delivered under this section;
deliveries of water under this section shall be made at such times at which, and to such places to which, the Bureau of Reclamation can deliver water without additional cost to the Bureau; and
the 5,000 acre-feet per year of water delivered under this section shall not be subject to shortage sharing or reduction; and
notwithstanding article IV.D.4 of the Compact, any reduction in the Milk River Project water supply caused by the delivery of water under this section shall not constitute injury to Milk River Project water users.
Additional water—
In general— If the Secretary determines that there is available St. Mary water, the Secretary shall enter into a contract with the Tribe for the delivery of the available St. Mary water subject to the requirements described in subsection (b)(3) and this subsection.
Rehabilitation— Additional water made available through any rehabilitation of the St. Mary Unit shall be considered to be available St. Mary water for purposes of this Act and the Compact.
Enlargement— Additional water made available through any enlargement of the St. Mary Canal—
shall not be considered to be a part of the Milk River Project water right; and
shall be made available to the Tribe as part of the St. Mary River water right.
Trust fund payments— In consideration for the deferral of the delivery of the quantity in excess of the 5,000 acre-feet per year of water specified in subsection (b)(1), the United States shall pay to the Tribe $27,800,000, which shall be invested and managed in accordance with section 17(d).
Subcontracts—
In general— The Tribe may enter into any subcontract for the delivery of water under this section to a third party, in accordance with section 16.
Compliance with other law— A subcontract described in paragraph (1) shall comply with the Compact, this Act, and any other applicable law.
No liability— The Secretary shall not be liable to any party, including the Tribe, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection.
Sec. 6 Bureau of Reclamation activities to improve water management
Milk River Project purposes—
In general— Subject to paragraphs (2) and (3), the purposes of the Milk River Project shall include—
irrigation;
flood control;
the protection of fish and wildlife;
recreation;
the provision of municipal, rural, and industrial water supply; and
hydroelectric power generation.
Limitation—
In general— Except as provided in subparagraph (B), the Secretary shall not increase any water use by the Milk River Project as a result of the purposes described in paragraph (1) beyond the quantity of water use authorized by valid contracts in effect on the date of enactment of this Act, until the St. Mary River water right is fulfilled.
Exception— Subparagraph (A) shall not apply to any contract entered into by the Secretary and the Tribe under subsection (b) or (c) of section 5.
Beneficial use by Tribe— In addition to the purposes described in paragraph (1), use of Milk River Project facilities to transport water for the Tribe pursuant to subsections (b), (c), and (e) of section 5, together with any use by the Tribe of such water in accordance with the tribal water code—
shall be considered to be an authorized purpose of the Milk River Project; and
shall not change the priority date of any tribal water right.
St. Mary River feasibility study—
In general— Subject to paragraph (2), the Secretary, acting through the Commissioner of Reclamation, in cooperation with the Tribe and the State, shall conduct a study—
to evaluate the feasibility of alternatives for the rehabilitation of the St. Mary Unit;
to identify alternatives to provide additional St. Mary River water and Milk River water to the Tribe;
to evaluate the feasibility of the development of increased storage in Fresno Reservoir;
to establish a cost allocation based on the purposes described in this section; and
to develop a plan for the management and development of water supplies in the St. Mary River basin and the Milk River basin.
Consultation— Before conducting the study under this subsection, and regularly during the course of the study, the Secretary shall consult with the Tribe, the State, and the Milk River Project users concerning the identification of alternatives to make additional water available to the Tribe in fulfillment of the St. Mary River water right and the Milk River water right for delivery through the St. Mary Unit or from direct flow.
Submission to Congress— Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the study under this subsection.
Costs nonreimbursable— The cost of the study under this subsection shall not be—
considered to be a project cost; or
reimbursable in accordance with the Federal reclamation laws.
Consultation with Tribe— Not later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, the Commissioner of Reclamation shall consult with the Tribe regarding the management of the St. Mary Unit by the Bureau of Reclamation.
Swift Current Creek Bank stabilization—
In general— As soon as practicable after the date of enactment of this Act, but not later than 5 years after the enforceability date, the Secretary, acting through the Commissioner of Reclamation, shall carry out appropriate activities to implement the Swift Current Creek Bank stabilization project.
Scope— The scope of the activities conducted under this subsection shall be as generally described in the document entitled Boulder/Swiftcurrent Creek Stabilization Project, Phase II Investigations Report, prepared by DOWL HKM, and dated January 2012 (as updated or amended by the phase III report).
Milk River Project rights-of-Way and easements— As soon as practicable after the date of enactment of this Act, but not later than the enforceability date, the Secretary shall offer to enter into an agreement with the Tribe to establish a process to resolve any issues associated with the location and extent of the Federal rights-of-way, easements, and other property interests in and to the Milk River Project that are located on land of the Tribe.
Funding— The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $25,200,000, including—
$1,700,000 for a right-of-way survey;
$3,800,000 for the St. Mary River feasibility study under subsection (b); and
$19,700,000 for the Swift Current Creek Bank stabilization project under subsection (d).
Sec. 7 St. Mary Canal hydroelectric power generation
In general— The Tribe shall have the exclusive right to develop and market hydroelectric power from St. Mary Unit facilities.
Bureau of Reclamation cooperation— The Commissioner of Reclamation shall cooperate with the Tribe in the development of any hydroelectric power generation project under this section.
Agreement— Before construction of a hydroelectric power generation project under this section, the Tribe shall enter into an agreement with the Commissioner of Reclamation that includes provisions requiring that—
the design, construction, and operation of the project shall be consistent with the Bureau of Reclamation guidelines and methods for hydroelectric power development at Bureau facilities, as appropriate;
the hydroelectric power generation project shall be compatible with the operations of the Milk River Project, including agreements—
regarding operating criteria and emergency procedures; and
under which any modification proposed by the Tribe to a facility owned by the Bureau of Reclamation shall be subject to review and approval by the Secretary, acting through the Commissioner of Reclamation;
the Tribe shall receive credit for any cost savings resulting from an activity for rehabilitation of the St. Mary Canal if the Tribe constructs a hydroelectric facility in conjunction with the rehabilitation activity; and
beginning on the date that is 10 years after the date on which the Tribe begins marketing hydroelectric power generated from the St. Mary Unit, the Tribe shall make annual payments for operation, maintenance, and replacement costs attributable to the direct use of any facilities by the Tribe for hydroelectric power generation in amounts determined in accordance with the guidelines and methods of the Bureau of Reclamation for assessing operation, maintenance, and replacement charges.
Use of hydroelectric power by Tribe— Any hydroelectric power generated in accordance with this section shall be used or marketed by the Tribe.
Revenues— The Tribe shall collect and retain any revenues from the sale of hydroelectric power generated by a project under this section.
Liability of United States— The United States shall have no obligation to monitor, administer, or account for—
any revenues received by the Tribe under this section; or
the expenditure of such revenues.
Sec. 8 Storage allocation from Lake Elwell
Storage allocation to Tribe— The Secretary shall allocate to the Tribe 56,000 acre-feet per year of water stored in Lake Elwell for use by the Tribe for any beneficial purpose on or off the Reservation, under a water right held by the United States and managed by the Bureau of Reclamation, as measured at the outlet works of Tiber Dam or through direct pumping from Lake Elwell.
Treatment—
In general— The allocation to the Tribe under subsection (a) shall be considered to be part of the tribal water right.
Priority date— The priority date of the allocation to the Tribe under subsection (a) shall be the priority date of the Lake Elwell water right held by the Bureau of Reclamation.
Administration—
In general— The Tribe shall administer the water allocated under subsection (a) in accordance with the Compact and this Act.
Temporary transfer— In accordance with subsection (d), the Tribe may temporarily transfer by service contract, lease, exchange, or other agreement the water allocated under subsection (a) off the Reservation, subject to the approval of the Secretary and the requirements of the Compact.
Allocation agreement—
In general— As a condition of receiving an allocation under this section, the Tribe 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.
Inclusions— The agreement under paragraph (1) shall include provisions that—
the agreement shall be without limit as to term;
the Tribe, and not the United States, shall be entitled to all consideration due to the Tribe under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (d);
the United States shall have no obligation to monitor, administer, or account for—
any funds received by the Tribe as consideration under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (d); or
the expenditure of such funds;
if the capacity or function of Lake Elwell facilities are significantly reduced, or are anticipated to be significantly reduced, for an extended period of time, the Tribe shall have the same storage rights as other storage contractors with respect to the allocation under this section;
the costs associated with the construction of the storage facilities at Tiber Dam allocable to the Tribe shall be—
nonreimbursable; and
excluded from any repayment obligation of the Tribe;
no water service capital charge shall be due or payable for any water allocated to the Tribe pursuant to this section or the allocation agreement, regardless of whether that water is delivered for use by the Tribe or under a lease, contract, or by agreement entered into by the Tribe pursuant to subsection (b)(3)(B);
the Tribe shall not be required to make payments to the United States for any water allocated to the Tribe under this Act or the allocation agreement, except for each acre-foot of stored water leased or sold for industrial purposes as described in subparagraph (H); and
for each acre-foot of stored water leased or sold by the Tribe for industrial purposes—
the Tribe shall pay annually to the United States an amount necessary to cover the proportional share of the annual operation, maintenance, and replacement costs allocable to the quantity of water leased or sold by the Tribe for industrial purposes; and
the annual payments of the Tribe shall be reviewed and adjusted, as appropriate, to reflect the actual operation, maintenance, and replacement costs for Tiber Dam.
Agreements by Tribe— The Tribe may use, lease, contract, exchange, or enter into other agreements for use of the water allocated to the Tribe under subsection (a) if—
the use of water that is the subject of such an agreement occurs within the Missouri River basin; and
the agreement does not permanently alienate any portion of the water allocated to the Tribe under subsection (a).
Effective date— The allocation under subsection (a) takes effect on the enforceability date.
Prohibition on increase— The allocation under subsection (a) shall not be increased by any year-to-year carryover storage.
Development and delivery costs— The United States shall not be required to pay the cost of developing or delivering to the Reservation any water allocated under this section.
Sec. 9 Blackfeet Irrigation Project
In general— Notwithstanding any other provision of law, and without altering applicable law (including regulations) under which the Bureau of Indian Affairs collects assessments and carries out Blackfeet Irrigation Project OM&R (other than the maintenance and improvements carried out under this section), the Secretary, acting through the Commissioner of Reclamation, shall carry out the following responsibilities of the United States relating to the Blackfeet Irrigation Project:
Deferred maintenance.
Dam safety improvements for Four Horns Dam.
Lead agency— The Bureau of Reclamation shall serve as the lead agency with respect to any activities under this section.
Scope— The scope of the deferred maintenance activities and Four Horns Dam safety improvements shall be as generally described in the document entitled Engineering Evaluation and Condition Assessment, Blackfeet Irrigation Project, prepared by DOWL HKM, and dated August 2007, subject to the condition that, before commencing construction activities, the Secretary shall—
review the design of the proposed rehabilitation or improvement; and
perform value engineering analyses.
Funding— The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $37,900,000.
Sec. 10 Birch Creek mitigation project
In general— The Secretary, acting through the Commissioner of Reclamation, shall carry out activities to provide mitigation water for Birch Creek water users from Four Horns Reservoir, in accordance with the Birch Creek Agreement.
Lead agency— The Bureau of Reclamation shall serve as the lead agency with respect to any activities under this section.
Scope—
In general— The scope of the rehabilitation and improvements shall be as generally described in the document entitled Four Horns Feeder Canal Rehabilitation with Export, prepared by DOWL HKM, and dated May 31, 2012, subject to the condition that, before commencing construction activities, the Secretary shall—
review the design of the proposed rehabilitation or improvement; and
perform value engineering analyses.
Inclusions— The activities carried out by the Secretary under this section shall include—
the rehabilitation or improvement of the Four Horns feeder canal system to a capacity of not less than 360 cubic feet per second;
the rehabilitation or improvement of the outlet works of Four Horns Dam and Reservoir to deliver 15,000 acre-feet of water per year, in accordance with subparagraph (C); and
construction of facilities to deliver 15,000 acre-feet of water per year from Four Horns Dam and Reservoir to a point on Birch Creek to be designated by the Tribe and the State for delivery of water to the water delivery system of the Pondera County Canal and Reservoir Company Project on Birch Creek, in accordance with the Birch Creek Agreement.
Costs— The costs to construct facilities under this subsection—
shall not be paid by the United States; and
shall be nonreimbursable.
Negotiation with Tribe— On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes to the final design of any activity under this subsection to ensure that the final design meets applicable industry standards.
Funding— No part of the project under this section shall be commenced until the State has appropriated and made available $34,000,000 to carry out this section.
Sec. 11 Birch Creek Mitigation Fund
Establishment— There is established in the Treasury of the United States a fund, to be known as the Birch Creek Mitigation Fund (referred to in this section as the Fund), to be used to mitigate the impacts of development of the tribal water right described in article III.C.1. of the Compact on the Birch Creek water supplies of the Pondera County Canal and Reservoir Company Project.
Management— The Secretary, acting through the Commissioner of Reclamation, shall manage the Fund in accordance with this section.
Disbursement of Fund— Amounts from the Fund may not be disbursed until the expiration of the Birch Creek Agreement.
Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out this section.
Sec. 12 Design and construction of MR&I System
In general— The Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct the MR&I System in accordance with 1 or more agreements between the Secretary and the Tribe.
Lead agency— The Bureau of Reclamation shall serve as the lead agency with respect to any activity to design and construct the MR&I System.
Scope—
In general— The scope of the design and construction under this section shall be as generally described in the document entitled Blackfeet Regional Water System Report, prepared by DOWL HKM, and dated June 2010, and updated in a memorandum entitled Blackfeet Regional Water System Potential Cost Modifications, prepared by DOWL HKM, and dated November 3, 2011, subject to the condition that, before commencing final design and construction activities, the Secretary shall—
review the design of the proposed MR&I System; and
perform value engineering analyses and appropriate Federal compliance activities.
Negotiation with Tribe— On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes to the final design—
to ensure that the final design meets applicable industry standards; and
to improve the cost-effectiveness of the delivery of MR&I System water.
Nonreimbursability of costs— All costs incurred by the Secretary in carrying out this section shall be nonreimbursable.
Funding— The total amount of funding to carry out this section shall not exceed $76,200,000.
Non-Federal contribution—
In general— Prior to completion of the final design of the MR&I System required by subsection (c), the Secretary shall consult with the Tribe, the State, and other affected non-Federal parties to discuss the practicability of receiving non-Federal contributions for the cost of the MR&I System.
Negotiations— If, based on the extent to which non-Federal parties are expected to use the MR&I System, a non-Federal contribution to the MR&I System is determined to be appropriate under paragraph (1), the Secretary shall initiate negotiations for an agreement regarding the means by which such contributions shall be provided.
Sec. 13 Blackfeet water, storage, and development projects
In general— The Secretary, acting through the Commissioner of Reclamation, shall carry out such activities as are necessary to construct the Blackfeet water, storage, and development projects, in accordance with an agreement to be negotiated between the Secretary and the Tribe.
Lead agency— The Bureau of Reclamation shall serve as the lead agency with respect to any activity to rehabilitate or improve the water diversion or delivery features of the Blackfeet water, storage, and development projects.
Scope—
In general— The scope of the construction under this section shall be as generally described in the document entitled Blackfeet Water Storage, Development, and Projects Report, prepared by DOWL HKM, and dated July 16, 2012, and any modifications or revisions to the report, subject to the condition that, before commencing construction activities, the Secretary shall—
review the design of the proposed rehabilitation or improvement; and
perform value engineering analyses.
Negotiation with Tribe— On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes to the projects, including final design—
to ensure that the final design meets applicable industry standards;
to improve the use, management, and administration of tribal water for irrigation and other purposes; and
to take into consideration the equitable distribution of water to allottees.
Nonreimbursability of costs— All costs incurred by the Secretary in carrying out this section shall be nonreimbursable.
Funding— The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $178,300,000.
Sec. 14 Tribal implementation agreements
—
Applicability of ISDEAA— At the request of the Tribe and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more agreements with the Tribe to carry out sections 9, 10, 12, and 13.
Administration— The Commissioner of Reclamation and the Tribe shall negotiate the cost of any oversight activity carried out by the Bureau of Reclamation under any agreement entered into under subsection (a), subject to the condition that the total cost for the oversight shall not exceed 4 percent of the total project costs for each project.
Acquisition of land—
Tribal easements and rights-of-way— On request of the Secretary, and in partial consideration for the funding provided under section 17(k), the Tribe shall consent to the grant of such easements and rights-of-way over tribal land as are necessary for the construction of the projects authorized by sections 9, 10, 12, and 13, at no cost to the United States.
Land acquired by United States— Land acquired by the United States or the Tribe in connection with the construction of the projects authorized by sections 9, 10, 12, and 13 shall be held in trust by the United States on behalf of the Tribe as part of the Reservation.
Transfer of title—
In general— Notwithstanding any other provision of law, the Secretary may transfer to the Tribe, at no cost, any title held by the United States in and to each facility, asset, or other property of each of the projects authorized under sections 9, 10, 12, and 13 in accordance with paragraph (2).
Conveyance to Tribe— The Secretary shall convey to the Tribe title in and to the projects authorized by sections 9, 10, 12, and 13 not later than 30 days after the date on which the Secretary publishes in the Federal Register a statement of findings that—
the Tribe has passed a resolution requesting that the Secretary transfer to the Tribe any title held by the United States in and to the property or facilities of the projects under section 9, 10, 11, or 12; and
the Secretary has provided to the Tribe—
a report regarding the condition of the project; and
technical assistance regarding the operation and maintenance of the projects, including operation and maintenance training.
Ownership— On transfer of title under paragraph (1), the projects or any portion of the projects transferred under paragraph (2) shall be considered to be owned, operated, and managed by the Tribe.
Authority of Tribe— On transfer of title to the project or any portion of a project or facility to the Tribe in accordance with subsection (d), or on assumption of the operation of the project by the Tribe, the Tribe may collect—
OM&R costs; and
any other costs relating to the operation of the project, as appropriate.
Operation and maintenance of Blackfeet Irrigation Project— On transfer of title to the Blackfeet Irrigation Project pursuant to subsection (d), the Tribe shall promulgate criteria and procedures, subject to the approval of the Secretary, under which the Tribe shall operate and maintain the Blackfeet Irrigation Project, including—
a due process system for the consideration and determination of any request by a water user for an allocation of water that provides protection not less stringent than the protection available under Federal law, including a process for—
appeal and adjudication of denied or disputed distributions of water; and
resolution of contested administrative decisions; and
a system for establishing operation and maintenance assessment rates, including a process for—
appeal and adjudication of operation and maintenance assessment rates; and
resolution of contested administrative decisions.
Liability—
In general— Effective on the date of the transfer authorized by subsection (d), the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities transferred under this subsection, other than damages caused by acts of negligence committed by the United States (or an employee or agent of the United States) before the date of transfer.
Tort claims— Nothing in this section increases the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act).
OM&R obligation of Federal Government after transfer— The Federal Government shall have no obligation to pay for the operation, maintenance, or replacement costs of the projects authorized by sections 9, 10, 12, and 13 beginning on the later of—
the date on which title to any project authorized by sections 9, 10, 12, and 13 is transferred to the Tribe; and
the date on which the amounts required to be deposited in the OM&R Account pursuant to section 17(k)(2) have been deposited in that account.
Alienation and taxation— Transfer of title to the Tribe pursuant to subsection (d) does not waive or alter any applicable Federal law prohibiting alienation or taxation of—
the project; or
the underlying Reservation land.
Sec. 15 Ratification of Compact
Ratification—
In general— Except as modified by this Act, and to the extent that the Compact does not conflict with this Act, the Compact is authorized, ratified, and confirmed.
Amendments— If an amendment is executed in accordance with this Act to make the Compact consistent with this Act, the amendment is authorized, ratified, and confirmed.
Execution—
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.
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.
Environmental compliance—
In general— In implementing the Compact and this Act, the Secretary shall comply with all applicable provisions of—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
all other applicable environmental law and regulations.
Effect of execution—
In general— An activity carried out by the Secretary to execute the Compact pursuant to 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.).
Compliance— The Secretary shall carry out all Federal compliance activities necessary to implement the Compact.
Sec. 16 Tribal water rights
Confirmation of tribal water rights—
In general— The tribal water rights are ratified, confirmed, and declared to be valid.
Use— Use of the tribal water rights shall be subject to the terms and conditions established by the Compact and this Act.
Holding in trust— The tribal water rights—
shall be held in trust by the United States for the use and benefit of the Tribe in accordance with this section; and
shall not be subject to forfeiture or abandonment.
Intent of Congress— It is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits possessed by allottees on the day before the date of enactment of this Act, taking into consideration—
the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this Act;
the availability of funding under this Act and from other sources;
the availability of water from the tribal water rights; and
the applicability of section 7 of the Act of February 8, 1887 (25 U.S.C. 381), and this Act to protect the interests of allottees.
Allottees—
Applicability of Act of February 8, 1887— The provisions of section 7 of the Act of February 8, 1887 (25 U.S.C. 381), relating to the use of water for irrigation purposes shall apply to the tribal water rights.
Entitlement to water— Any entitlement to water of an allottee under Federal law shall be satisfied from the tribal water rights.
Allocations— Pursuant to the Act of February 8, 1887 (24 Stat. 390, chapter 119), allottees shall be entitled to a just and equitable allocation of water for irrigation purposes.
Claims—
Exhaustion of remedies— Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or any other applicable law, an allottee shall exhaust remedies available under the tribal water code or other applicable tribal law.
Action for relief— After the exhaustion of all remedies available under the tribal water code or other applicable tribal law, an allottee may assert a claim against the United States under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or other applicable law.
Authority— The Secretary shall have the authority to protect the rights of allottees in accordance with this section.
Authority of Tribe—
In general— The Tribe shall have the authority to allocate, distribute, and transfer the tribal water right in accordance with—
the Compact; and
the tribal water code.
Land leases by allottees— An allottee may lease any interest in land held by the allottee, together with any allocation of water under subsection (d)(3), subject to the condition that nothing in this section affects the authority of the Tribe to require a water permit or to otherwise manage use of the water under the tribal water code.
Tribal water code—
In general— In accordance with article IV.C.1. of the Compact, the Tribe shall—
amend the tribal water code in accordance with the Compact and this Act; and
ensure that the amendments provide for—
the management, regulation, and governance of all uses of the tribal water rights in accordance with the Compact and this Act, including all uses by allottees (or any successor in interest to an allottee); and
establishment by the Tribe of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the tribal water rights in accordance with the Compact and this Act.
Inclusions— Subject to the approval of the Secretary, the tribal water code shall provide that—
tribal allocations of water to allottees shall be satisfied with water from the tribal water rights;
charges for delivery of water for irrigation purposes for allottees shall be assessed on a just and equitable basis;
there is a process by which an allottee may request that the Tribe provide water for irrigation use in accordance with this Act, including the provision of water under any allottee lease;
there is a due process system for the consideration and determination by the Tribe of any request by an allottee (or a successor in interest to an allottee) for an allocation of water for irrigation purposes on allotted land, including a process for—
appeal and adjudication of any denied or disputed distribution of water; and
resolution of any contested administrative decision; and
any allottee with a claim relating to the enforcement of rights of the allottee under the tribal water code, or to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under tribal law and the tribal water code before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4)(B).
Interim provisions—
In general— Subject to the requirements of section 4 and until the date on which the amendments to the tribal water code are approved by the Secretary, the tribal water rights shall be administered by the Tribe pursuant to ordinance numbered 62 of the tribal water code, to the extent that the ordinance is not inconsistent and does not conflict with the Compact or this Act.
Conflicts— In the event of an inconsistency or conflict described in subparagraph (A), the provisions of the Compact and this Act shall control.
Approval by Secretary—
In general— The tribal water code, and any amendment to the tribal water code, shall not be valid unless the tribal water code or amendment is approved by the Secretary.
Approval period— The Secretary shall 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 is submitted to the Secretary.
Effect— Except as otherwise expressly provided in this section, nothing in this Act—
authorizes any action by an allottee against any individual or entity, or against the Tribe, under Federal, State, tribal, or local law; or
alters or affects the status of any action pursuant to section 1491(a) of title 28, United States Code.
Sec. 17 Blackfeet Settlement Trust Fund
Establishment— There is established in the Treasury of the United States a trust fund, to be known as the Blackfeet Settlement Trust Fund (referred to in this section as the Trust Fund), consisting of the amounts deposited in the Fund under subsection (c), together with any interest earned on those amounts, to be managed, invested, and distributed by the Secretary for the benefit of the Tribe, to remain available until expended.
Accounts— The Secretary shall establish in the Trust Fund the following accounts:
The Administration and Energy Account.
The OM&R Account.
The Water Deferral Account.
The MR&I System Account.
The Blackfeet Water, Storage, and Development Projects Account.
The Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account.
The St. Mary/Milk Water Management and Activities Account.
Transfers— The Secretary shall transfer to the Trust Fund—
to the Administration and Energy Account, the amount made available pursuant to subsection (k)(1);
to the OM&R Account, the amount made available pursuant to subsection (k)(2);
to the Water Deferral Account, the amount made available pursuant to subsection (k)(3);
to the MR&I System Account, the amount made available pursuant to subsection (k)(4);
to the Blackfeet Water, Storage, and Development Projects Account, the amount made available pursuant to subsection (k)(5);
to the Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account, the amount made available pursuant to subsection (k)(6); and
to the St. Mary/Milk Water Management and Activities Account, the amount made available pursuant to subsection (k)(7).
Management— The Secretary shall manage, invest, and distribute all amounts in the Trust Fund in a manner that is consistent with the investment authority of the Secretary under—
the first section of the Act of June 24, 1938 (25 U.S.C. 162a);
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
this section.
Availability of amounts— Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, shall be made available to the Tribe beginning on the enforceability date.
Withdrawals by Tribe—
In general— The Tribe may withdraw any portion of the funds in the accounts established under subsection (b) on approval by the Secretary of a tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
Requirements—
In general— In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan under paragraph (1) shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund in accordance with this Act.
Enforcement— The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the Tribe from the Trust Fund are used in accordance with this Act.
Expenditure plan—
In general— The Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw under this subsection.
Inclusions— An expenditure plan under paragraph (1)—
shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe, in accordance with subsection (h); and
may include a description of how any remaining amounts may be used.
Approval— On receipt of an expenditure plan under paragraph (1), the Secretary shall approve the plan, if the Secretary determines that the plan is consistent with this Act.
Uses— Amounts from the Trust Fund shall be used by the Tribe for the following purposes:
The Administration and Energy Account shall be used for administration of the tribal water right and energy development projects under the Compact.
The OM&R Account shall be used to assist the Tribe in paying OM&R costs.
The Water Deferral Account shall be distributed pursuant to an approved expenditure plan as follows:
The first $1,000,000 deposited in the account shall be distributed to the Tribe annually as compensation for the deferral of the St. Mary water right.
Any additional amounts deposited in the account may be used by the Tribe to pay OM&R costs or such other costs as are authorized by the Secretary.
The MR&I System Account shall be used to carry out section 12.
The Blackfeet Water, Storage, and Development Projects Account shall be used to carry out section 13.
The Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account shall be used to carry out section 9.
The St. Mary/Milk Water Management and Activities Account shall be used to carry out section 6.
Liability— The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under subsection (f).
No per capita distributions— No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe.
Authorization of appropriations— Subject to subsection (l), there is authorized to be appropriated to the Secretary—
for deposit in the Administration and Energy Account, $28,900,000;
for deposit in the OM&R Account, $25,500,000;
for deposit in the Water Deferral Account, $27,800,000;
for deposit in the MR&I System Account, $76,200,000;
for deposit in the Blackfeet Water, Storage, and Development Projects Account, $178,300,000;
for deposit in the Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account, $37,900,000; and
for deposit in the St. Mary/Milk Water Management and Activities Account, $25,200,000.
Cost indexing— All amounts made available pursuant to subsection (k) shall be adjusted as necessary to reflect the changes since April, 2010, in the construction costs indices applicable to the construction, maintenance, rehabilitation, or improvement of the projects and activities described in this Act.
Sec. 18 Water rights in Lewis and Clark National Forest
As part of the tribal water right, the Tribe shall hold the rights to water in the Lewis and Clark National Forest, as described in the document entitled More Definite Statement of Claims, dated November 14, 1997, filed by the United States on behalf of the Tribe, in the Montana Water Court in the case styled Matter of the Adjudication of the Existing and Reserved Rights to the Use of Water, Both Surface and Underground, of the Blackfeet Tribe of the Blackfeet Reservation Within the State of Montana, Civil No. WC91–1.
Sec. 19 Waivers and releases of claims
Waivers and releases—
Claims by Tribe and United States as trustee for Tribe— Subject to the retention of rights described in subsection (c), in consideration for recognition of the tribal water rights and other benefits under the Compact and this Act, the Tribe, on behalf of itself and the members of the Tribe (but not tribal members in their capacities as allottees), and the United States, acting as trustee for the Tribe and the members of the Tribe (but not tribal members in their capacities as allottees), shall execute a waiver and release of all claims for water rights within the State that the Tribe, or the United States acting as trustee for the Tribe, 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 by this Act.
Claims by United States as trustee for allottees— Subject to the retention of claims described in subsection (c), in consideration for recognition of the tribal water rights and other benefits under 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 by the Compact or this Act.
Claims by Tribe against United States— Subject to the retention of rights described in subsection (c), in consideration for recognition of the tribal water rights and other benefits under the Compact and this Act, the Tribe, on behalf of itself and the members of the Tribe (but not tribal members in their capacities as allottees), shall execute a waiver and release of—
all claims against the United States (including the agencies and employees of the United States) relating to claims for water rights within the State that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a State stream adjudication, except to the extent that such rights are recognized as a tribal water right;
all claims against the United States (including the agencies and employees of the United States) relating to—
damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, and claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State that first accrued at any time on or before the enforceability date; or
the failure to establish or provide a municipal rural or industrial water delivery system on the Reservation;
all claims against the United States (including the agencies and employees of the United States) relating to the pending litigation of claims relating to the water rights of the Tribe in the State;
all claims against the United States (including the agencies and employees of the United States) relating to the negotiation, execution, or the adoption of the Compact (including exhibits) and this Act;
all claims against the United States (including the agencies and employees of the United States) that first accrued at any time on or before the enforceability date arising from the taking or acquisition of the land of the Tribe or resources for the construction of the features of the St. Mary Unit;
all claims against the United States (including the agencies and employees of the United States) that first accrued at any time on or before the enforceability date relating to—
the construction, operation, or maintenance of the St. Mary Unit; or
on completion of the Swift Current Creek Bank stabilization project, the management of flows in Swift Current Creek, including the diversion of Swift Current Creek into Lower St. Mary’s Lake;
all claims against the United States (including the agencies and employees of the United States) that first accrued at any time on or before the enforceability date relating to the construction, operation, or management of Lower Two Medicine Dam and Reservoir and Four Horns Dam and Reservoir; and
all claims against the United States (including the agencies and employees of the United States) that first accrued at any time on or before the enforceability date relating to the allocation of water of the Milk River (including tributaries) or the St. Mary River (including tributaries) between the United States and Canada pursuant to the International Boundary Waters Treaty of 1909 (36 Stat. 2448).
Effectiveness of waivers and releases— The waivers under subsection (a) shall take effect on the enforceability date.
Reservation of rights and retention of claims— Notwithstanding the waivers and releases under this section, the Tribe, on behalf of itself and the members of the Tribe, and the United States, acting as trustee for the Tribe and allottees, retain—
all claims for enforcement of the Compact, any final decree, or this Act;
all rights to use and protect water rights acquired after the date of enactment of this Act;
all claims relating to activities affecting the quality of water, including any claims of the Tribe under—
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including claims for damages to natural resources;
the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
any regulations promulgated pursuant to an Act described in subparagraph (A), (B), or (C);
all claims relating to damages, losses, or injuries to land or natural resources not due to loss of water or water rights (including hunting, fishing, gathering, or cultural rights);
all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the Compact;
all claims for rights retained under the agreement dated September 19, 1895, and ratified on June 10, 1896 (29 Stat. 321, chapter 398), filed by the United States on behalf of the Tribe in—
Glacier National Park, as described in the document entitled More Definite Statement of Claims, dated November 14, 1997; or
the case styled Matter of the Adjudication of the Existing and Reserved Rights to the Use of Water, Both Surface and Underground, of the Blackfeet Tribe of the Blackfeet Reservation Within the State of Montana, Civil No. WC91–1;
the water rights of the Tribe, whether adjudicated or unadjudicated;
the authority of the Tribe to use and protect such water rights; and
any claim for damages for loss of water resources allegedly caused by a failure to establish, acquire, enforce, or protect such water rights.
Effect of Compact and Act— Nothing in the Compact or this Act—
affects the ability of the United States to take actions authorized by law, including any laws relating to health, safety, or the environment, including—
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
any regulations promulgated pursuant to an Act described in subparagraph (A), (B), or (C);
affects the ability of the United States to act as trustee for any other Indian tribe or allottee of any other Indian tribe;
confers jurisdiction on any State court—
to interpret Federal law relating to health, safety, or the environment;
to determine the duties of the United States or other parties pursuant to such a Federal law; or
to conduct judicial review of any Federal agency action;
waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe;
revives any claim waived by the Tribe in the case styled Blackfeet Tribe v. United States, No. 02–127L (Fed. Cl. 2012); or
revives any claim released by an allottee or a member of the Tribe in the settlement for the case styled Cobell v. Salazar, No. 1:96CV01285–JR (D.D.C. 2012).
Enforceability date— The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that—
the Montana Water Court has issued a final judgment and decree approving the Compact; or
if the Montana Water Court is found to lack jurisdiction, the United States district court of competent jurisdiction has approved the Compact as a consent decree, and the approval is final;
all amounts authorized to be appropriated under section 17(k) have been appropriated;
the Tribe has executed the agreements with the Secretary required by sections 5(b), 6(e), 8(c), and 14(a);
the State has appropriated and paid into an interest-bearing escrow account any payments due as of the date of enactment of this Act to the Tribe under the Compact and this Act;
the Tribe has ratified the Compact by submitting this Act and the Compact to a vote by the tribal membership for approval or disapproval; and
the Tribal membership has voted to approve this Act and the Compact by a majority of votes cast on the day of the vote, as certified by the Secretary and the Tribe;
the Secretary has fulfilled the requirements of section 8(a);
the Tribe has enacted a tribal water code pursuant to section 16(f);
the waivers and releases described subsection (a) have been executed by the Tribe and the Secretary; and
the Secretary has fulfilled the requirements of section 15(b).
Tolling of claims—
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 date on which the amounts made available to carry out this Act are transferred to the Secretary.
Effect of subsection— Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act.
Expiration and tolling— If all appropriations authorized by this Act have not been made available to the Secretary by January 15, 2018—
the waivers and releases described in this section shall expire and be of no further force or effect; and
all statutes of limitations applicable to any claim otherwise waived shall be tolled until January 15, 2018.
Voiding of waivers— If the waivers pursuant to this section are void under subsection (g)—
the approval of the Compact under section 15 shall no longer be effective;
any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, any water rights or contracts to use water, and any title in and to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act, shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and
except for Federal funds used to acquire or develop property that is returned to the Federal Government under paragraph (2), the United States shall be entitled to offset any Federal funds appropriated or made available to carry out the activities authorized by this Act that were expended or withdrawn, together with any interest accrued, against any claims against the United States relating to water rights in the State asserted by the Tribe or in any future settlement of the water rights of the Tribe.
Sec. 20 Satisfaction of claims
Tribal claims— The benefits realized by the Tribe under this Act shall be in complete replacement of, complete substitution for, and complete satisfaction of all claims of the Tribe against the United States under paragraphs (1) and (3) of section 19(a).
Allottee claims— The benefits realized by the allottees under this Act shall be in complete replacement of, in complete substitution for, and in complete satisfaction of—
all claims waived and released under section 19; and
any claims of the allottees against the United States that the allottees have or could have asserted that are similar in nature to any claim described in section 19.
Sec. 21 Miscellaneous provisions
Waiver of sovereign immunity— Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the sovereign immunity of the United States.
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 Tribe.
Limitation on claims for reimbursement— With respect to Indian-owned land located within the Reservation—
the United States shall not submit against such land any claim for reimbursement of the cost to the United States of carrying out this Act or the Compact; and
no assessment of such land shall be made regarding that cost.
Limitation on liability of United States— The United States has no obligation—
to monitor, administer, or account for, in any manner, any funds provided to the Tribe by any party to the Compact; or
to review or approve any expenditure of those funds.
Effect on current law— Nothing in this section affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to preenforcement review of any Federal environmental enforcement action.
Effect on reclamation law— The activities carried out by the Commissioner of Reclamation under this Act shall not establish a precedent or impact the authority provided under any other provision of Federal reclamation law, including—
the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and
the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991).
Irrigation efficiency in Upper Birch Creek drainage— Any activity carried out by the Tribe in the Upper Birch Creek Drainage (as defined in article II.50 of the Compact) using funds made available to carry out this Act shall achieve an irrigation efficiency of not less than 50 percent.
Birch Creek Agreement approval— The Birch Creek Agreement entered into between the Tribe and the State on January 31, 2008 (including any amendments executed in accordance with this Act to make the Agreement consistent with this Act), is approved to the extent that the Birch Creek Agreement requires approval under section 2116 of the Revised Statutes (25 U.S.C. 177).
Sec. 22 Repeal on failure to meet enforceability date
If the Secretary fails to publish a statement of findings under section 19(e) by not later than January 15, 2018, or such alternative later date as is agreed to by the Tribe and the Secretary, after reasonable notice to the State, as applicable—
this Act is repealed effective on the later of—
January 15, 2018; and
the day after such alternative later date as is agreed to by the Tribe and the Secretary;
any action taken by the Secretary and any contract or agreement entered into pursuant to this Act shall be void;
any amounts made available under section 17(k), together with any interest on those amounts, shall immediately revert to the general fund of the Treasury;
any amounts made available under section 17(k) that remain unexpended shall immediately revert to the general fund of the Treasury; and
the United States shall be entitled to offset against any claims asserted by the Tribe against the United States relating to water rights—
any funds expended or withdrawn from the amounts made available pursuant to this Act; and
any funds made available to carry out the activities authorized by this Act from other authorized sources.
Sec. 23 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 adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act in—
the Reclamation Water Settlements Fund established under section 10501(a) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)); or
the Emergency Fund for Indian Safety and Health established by section 601(a) of the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (25 U.S.C. 443c(a)).