[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8791 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8791
To provide for the settlement of the water rights claims of the Fort
Belknap Indian Community, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2024
Mr. Zinke introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
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.
This Act may be cited as the ``Fort Belknap Indian Community Water
Rights Settlement Act of 2024''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana for--
(A) the Fort Belknap Indian Community of the Fort
Belknap Reservation of Montana; and
(B) the United States, acting as trustee for the
Fort Belknap Indian Community and allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Fort Belknap Indian Community and
the State, to the extent that the Compact is consistent with
this Act;
(3) to authorize and direct the Secretary--
(A) to execute the Compact; and
(B) to take any other actions necessary to carry
out the Compact in accordance with this Act;
(4) to authorize funds necessary for the implementation of
the Compact and this Act; and
(5) 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
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) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(5) 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 (2021); and
(B) any appendix (including appendix amendments),
part, or amendment to the Compact that is executed to
make the Compact consistent with this Act.
(6) Enforceability date.--The term ``enforceability date''
means the date described in section 11(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 constructed and operated by the
Bureau of Indian Affairs, consisting of the Milk River
unit, including--
(i) the Three Mile unit; and
(ii) the White Bear unit.
(B) Inclusions.--The term ``Fort Belknap Indian
Irrigation Project'' includes any addition to the Fort
Belknap Indian Irrigation Project constructed pursuant
to this Act, including expansion of the Fort Belknap
Indian Irrigation Project, the Pumping Plant, delivery
Pipe and Canal, the Fort Belknap Reservoir and Dam, and
the Peoples Creek Flood Project.
(10) Implementation fund.--The term ``Implementation Fund''
means the Fort Belknap Indian Community Water Settlement
Implementation Fund established by section 13(a).
(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) 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).
(13) 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.
(14) Milk river.--The term ``Milk River'' means the
mainstem of the Milk River and each tributary of the Milk River
between the headwaters 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.
(15) 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--
(i) the St. Mary Unit;
(ii) the Fresno Dam and Reservoir; and
(iii) the Dodson pumping unit.
(16) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River,
including tributaries.
(17) Operations and maintenance.--The term ``operations and
maintenance'' means the Bureau of Indian Affairs operations and
maintenance activities related to costs described in section
171.500 of title 25, Code of Federal Regulations (or a
successor regulation).
(18) Operations, maintenance, and replacement.--The term
``operations, maintenance, and replacement'' 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, replacing,
or rehabilitating a feature of a project.
(19) 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)).
(20) PMM.--The term ``PMM'' means the Principal Meridian,
Montana.
(21) 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 to the United
States to be held in trust for the benefit of
the Fort Belknap Indian Community under section
6.
(22) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(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) State.--The term ``State'' means the State of Montana.
(25) Tribal water code.--The term ``Tribal water code''
means the Tribal water code enacted by the Fort Belknap Indian
Community pursuant to section 5(g).
(26) 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
the allocation of water to the Fort Belknap Indian Community
from Lake Elwell under section 7.
(27) Trust fund.--The term ``Trust Fund'' means the Aaniiih
Nakoda Settlement Trust Fund established for the Fort Belknap
Indian Community under section 12(a).
SEC. 4. RATIFICATION OF COMPACT.
(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 appendices 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 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.), including the implementing
regulations of that Act; and
(C) other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Compact and
this Act, the Fort Belknap Indian Community shall
prepare any necessary environmental documents,
consistent with all applicable provisions of--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4231 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation submitted under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--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.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Trust Fund, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with 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 and allottees
in accordance with this Act; and
(2) shall not be subject to loss through non-use,
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 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) In general.--The Fort Belknap Indian Community shall
have the authority to allocate, distribute, and lease the
Tribal water rights for use on the Reservation in accordance
with the Compact, this Act, and applicable Federal law.
(2) Off-reservation use.--The Fort Belknap Indian Community
may allocate, distribute, and lease the Tribal water rights for
off-Reservation use in accordance with the Compact, this Act,
and applicable Federal law--
(A) subject to the approval of the Secretary; or
(B) pursuant to Tribal water leasing regulations
consistent with the requirements of subsection (f).
(3) Land leases by allottees.--Notwithstanding paragraph
(1), an allottee may