[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