[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