#aacth ,,congress #b;d ,session ,s4 #bjdj ,,an ,,act ,to exchange trust and fee land to resolve land disputes created by the realignment of the ,blackfoot ,river along the boundary of the ,fort ,hall ,indian ,reservation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,blackfoot ,river ,land ,exchange ,act of #bjad4 #b4 ,findings2 purposes 7a7 ,findings ,congress finds that-- 7#a7 the ,shoshone-,bannock ,tribes1 a federally recognized ,indian tribe with tribal headquarters at ,fort ,hall1 ,idaho-- 7,a7 adopted a tribal constitution and bylaws on ,march #ca1 #aicf1 that were approved by the ,secretary of the ,interior on ,april #cj1 #aicf1 pursuant to the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #dfa et seq47 7commonly known as the ,indian ,reorganization ,act72 7,b7 has entered into various treaties with the ,united ,states1 including the ,second ,treaty of ,fort ,bridger1 executed on ,july #c1 #ahfh2 and 7,c7 has maintained a continuous government-to-government relationship with the ,united ,states since the earliest years of the ,union2 7#b7 7,a7 in #ahfg1 ,president ,andrew ,johnson designated by ,executive order the ,fort ,hall ,reservation for various bands of ,shoshone and ,bannock ,indians2 7,b7 the ,reservation is located near the cities of ,blackfoot and ,pocatello in southeastern ,idaho2 and 7,c7 article #d of the ,second ,treaty of ,fort ,bridger secured the ,reservation as a permanent home for the ,shoshone-,bannock ,tribes2 7#c7 7,a7 according to the ,executive order referred to in paragraph 7#b77;,a71 the ,blackfoot ,river1 as the river existed in its natural state-- 7i7 is the northern boundary of the ,reservation2 and 7ii7 flows in a westerly direction along that northern boundary2 and 7,b7 within the ,reservation1 land use in the ,river watershed is dominated by-- 7i7 rangeland2 7ii7 dry and irrigated farming2 and 7iii7 residential development2 7#d7 7,a7 in #aifd1 the ,corps of ,engineers completed a local flood protection project on the ,river-- 7i7 authorized by section #bjd of the ,flood ,control ,act of #aiej 7#fd ,stat4 #agj72 and 7ii7 sponsored by the ,blackfoot ,river ,flood ,control ,district ,no4 #g2 7,b7 the project consisted of building levees1 replacing irrigation diversion structures1 replacing bridges1 and channel realignment2 and 7,c7 the channel realignment portion of the project severed various parcels of land located contiguous to the ,river along the boundary of the ,reservation1 resulting in ,indian land being located north of the ,realigned ,river and non-,indian land being located south of the ,realigned ,river2 7#e7 beginning in #aiii1 the ,cadastral ,survey ,office of the ,bureau of ,land ,management conducted surveys of-- 7,a7 #be parcels of ,indian land2 and 7,b7 #ai parcels of non-,indian land2 and 7#f7 the enactment of this ,act and separate agreements of the parties would represent a resolution of the disputes described in subsection 7b77#a7 among-- 7,a7 the ,tribes2 7,b7 the allottees2 and 7,c7 the non-,indian landowners4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to resolve the land ownership and land use disputes resulting from realignment of the ,river by the ,corps of ,engineers during calendar year #aifd pursuant to the project described in subsection 7a77#d77;,a72 and 7#b7 to achieve a final and fair solution to resolve those disputes4 #c4 ,definitions ,in this ,act3 7#a7 ,allottee ,the term allottee means an heir of an original allottee of the ,reservation who owns an interest in a parcel of land that is-- 7,a7 held in trust by the ,united ,states for the benefit of the allottee2 and 7,b7 located north of the ,realigned ,river within the exterior boundaries of the ,reservation4 7#b7 ,blackfoot ,river ,flood ,control ,district ,no4 #g ,the term ,blackfoot ,river ,flood ,control ,district ,no4 #g means the governmental subdivision in the ,state of ,idaho1 located at #ge ,east ,judicial1 ,blackfoot1 ,idaho1 that-- 7,a7 is responsible for maintenance and repair of the ,realigned ,river2 and 7,b7 represents the non-,indian landowners relating to the resolution of the disputes described in section #b7;b77#a7 in accordance with this ,act4 7#c7 ,indian land ,the term ,indian land means any parcel of land that is-- 7,a7 held in trust by the ,united ,states for the benefit of the ,tribes or the allottees2 7,b7 located north of the ,realigned ,river2 and 7,c7 identified in exhibit ,a of the survey of the ,bureau of ,land ,management entitled ,survey of the ,blackfoot ,river of #bjjb to #bjje1 which is located at-- 7i7 the ,fort ,hall ,indian ,agency office of the ,bureau of ,indian ,affairs2 and 7ii7 the ,blackfoot ,river ,flood ,control ,district ,no4 #g4 7#d7 ,non-,indian land ,the term non-,indian land means any parcel of fee land that is-- 7,a7 located south of the ,realigned ,river2 and 7,b7 identified in exhibit ,b1 which is located at the areas described in clauses 7i7 and 7ii7 of paragraph 7#c77;,c74 7#e7 ,non-,indian landowner ,the term non-,indian landowner means any individual who holds fee title to non-,indian land and is represented by the ,blackfoot ,river ,flood ,control ,district ,no4 #g for purposes of this ,act4 7#f7 ,realigned ,river ,the term ,realigned ,river means that portion of the ,river that was realigned by the ,corps of ,engineers during calendar year #aifd pursuant to the project described in section #b7;a77#d77;,a74 7#g7 ,reservation ,the term ,reservation means the ,fort ,hall ,reservation established by ,executive order during calendar year #ahfg and confirmed by treaty during calendar year #ahfh4 7#h7 ,river ,the term ,river means the ,blackfoot ,river located in the ,state of ,idaho4 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aj7 ,tribes ,the term ,tribes means the ,shoshone-,bannock ,tribes4 #d4 ,release of claims to certain indian and non-indian owned lands 7a7 ,release of claims ,effective on the date of enactment of this ,act-- 7#a7 all existing and future claims with respect to the ,indian land and the non-,indian land and all right1 title1 and interest that the ,tribes1 allottees1 non-,indian landowners1 and the ,blackfoot ,river ,flood ,control ,district ,no4 #g may have had to that land shall be extinguished2 7#b7 any interest of the ,tribes1 the allottees1 or the ,united ,states1 acting as trustee for the ,tribes or allottees1 in the ,indian land shall be extinguished under section #baaf of the ,revised ,statutes 7commonly known as the ,indian ,trade and ,intercourse ,act7 7#be ,u4,s4,c4 #agg72 and 7#c7 to the extent any interest in non-,indian land transferred into trust pursuant to section #e violates section #baaf of the ,revised ,statutes 7commonly known as the ,indian ,trade and ,intercourse ,act7 7#be ,u4,s4,c4 #agg71 that transfer shall be valid1 subject to the condition that the transfer is consistent with all other applicable ,federal laws 7including regulations74 7b7 ,documentation ,the ,secretary may execute and file any appropriate documents 7including a plat or map of the transferred ,indian land7 that are suitable for filing with the ,bingham ,county clerk or other appropriate county official1 as the ,secretary determines necessary to carry out this ,act4 #e4 ,non-,indian land to be placed into trust for ,tribes ,effective on the date of enactment of this ,act1 the non-,indian land shall be considered to be held in trust by the ,united ,states for the benefit of the ,tribes4 #f4 ,trust land to be converted to fee land 7a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall transfer the ,indian land to the ,blackfoot ,river ,flood ,control ,district ,no4 #g for use or sale in accordance with subsection 7b74 7b7 ,use of land 7#a7 ,in general ,the ,blackfoot ,river ,flood ,control ,district ,no4 #g shall use any proceeds from the sale of land described in subsection 7a7 according to the following priorities3 7,a7 ,to compensate1 at fair market value1 each non-,indian landowner for the net loss of land to that non-,indian landowner resulting from the implementation of this ,act4 7,b7 ,to compensate the ,blackfoot ,river ,flood ,control ,district ,no4 #g for any administrative or other expenses relating to carrying out this ,act4 7#b7 ,remaining land ,if any land remains to be conveyed or proceeds remain after the sale of the land1 the ,blackfoot ,river ,flood ,control ,district ,no4 #g may dispose of that remaining land or proceeds as the ,blackfoot ,river ,flood ,control ,district ,no4 #g determines to be appropriate4 #g4 ,effect on original reservation boundary ,nothing in this ,act affects the original boundary of the ,reservation1 as established by ,executive order during calendar year #ahfg and confirmed by treaty during calendar year #ahfh4 #h4 ,effect on tribal water rights ,nothing in this ,act extinguishes or conveys any water right of the ,tribes1 as established in the agreement entitled #aiij ,fort ,hall ,indian ,water ,rights ,agreement and ratified by section #d of the ,fort ,hall ,indian ,water ,rights ,act of #aiij 7,public ,law #aja-fjb2 #ajd ,stat4 #cjfj74 #i4 ,effect on certain obligations 7a7 ,in general ,except as provided in subsection 7b71 nothing in this ,act affects the obligation of ,blackfoot ,river ,flood ,control ,district ,no4 #g to maintain adequate rights-of-way for the operation and maintenance of the local flood protection projects described in section #b7;a77#d7 pursuant to agreements between the ,blackfoot ,river ,flood ,control ,district ,no4 #g and the ,corps of ,engineers4 7b7 ,restriction on fees ,any land conveyed to the ,tribes pursuant to this ,act shall not be subject to fees assessed by ,blackfoot ,river ,flood ,control ,district ,no4 #g4 #aj4 ,disclaimers regarding claims ,nothing in this ,act-- 7#a7 affects in any manner the sovereign claim of the ,state of ,idaho to title in and to the beds and banks of the ,river under the equal footing doctrine of the ,constitution of the ,united ,states2 7#b7 affects any action by the ,state of ,idaho to establish the title described in paragraph 7#a7 under section #bdji;a of title #bh1 ,united ,states ,code 7commonly known as the ,quiet ,title ,act72 7#c7 affects the ability of the ,tribes or the ,united ,states to claim ownership of the beds and banks of the ,river2 or 7#d7 extinguishes or conveys any water rights of non-,indian landowners or the claims of those landowners to water rights in the ,snake ,river ,basin ,adjudication4 ,passed the ,senate ,september #ah1 #bjad4,secretary