,,ii #aacth ,,congress #ast ,session ,s4 #dcd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #d1 #bjac ,mr4 ,baucus 7for himself and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to authorize and implement the water rights compact among the ,blackfeet ,tribe of the ,blackfeet ,indian ,reservation and the ,state of ,montana1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,blackfeet ,water ,rights ,settlement ,act of #bjac4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of claims to water rights in the ,state of ,montana for-- 7,a7 the ,blackfeet ,tribe of the ,blackfeet ,indian ,reservation2 and 7,b7 the ,united ,states1 for the benefit of the ,tribe and allottees2 7#b7 to approve1 ratify1 and confirm the water rights compact entered into by the ,tribe and the ,state1 to the extent that the ,compact is consistent with this ,act2 7#c7 to require the ,secretary of the ,interior-- 7,a7 to execute the ,compact2 and 7,b7 to carry out any other activity necessary to carry out the ,compact in accordance with this ,act2 and 7#d7 to authorize funds necessary for the implementation of the ,compact and this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,allottee ,the term allottee means any individual who holds a beneficial real property interest in an allotment of ,indian land that is-- 7,a7 located within the ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#b7 ,available ,st4 ,mary water ,the term available ,st4 ,mary water means-- 7,a7 water from the ,st4 ,mary ,river allocated to the ,united ,states under the ,international ,boundary ,waters ,treaty of #aiji between the ,united ,states and ,great ,britain relating to boundary waters between the ,united ,states and ,canada entered into force on ,may #ac1 #aiaj 7#cf ,stat4 #bddh71 minus the quantity of water required for the ,milk ,river ,project water right2 and 7,b7 water that is-- 7i7 otherwise part of the ,milk ,river ,project water right2 and 7ii7 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 right1 as determined-- 7,i7 initially1 by the ,secretary2 and 7,,ii7 subsequently1 by a court of competent jurisdiction4 7#c7 ,birch ,creek ,agreement ,the term ,birch ,creek ,agreement means-- 7,a7 the agreement between the ,tribe and the ,state regarding ,birch ,creek water use dated ,january #ca1 #bjjh1 as amended on ,february #ac1 #bjji2 and 7,b7 any amendment or exhibit 7including exhibit amendments7 to that agreement that is executed in accordance with this ,act4 7#d7 ,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 ,agreement4 7#e7 ,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 #a1 #aijg 7#cd ,stat4 #ajce1 chapter #bbhe71 and administered by the ,bureau of ,indian ,affairs4 7#f7 ,compact ,the term ,compact means-- 7,a7 the ,blackfeet-,montana water rights compact dated ,december #ad1 #bjjg1 as contained in section #he-bj-aeja of the ,montana ,code ,annotated 7#bjaa72 and 7,b7 any amendment or exhibit 7including exhibit amendments7 to the ,compact that is executed in accordance with this ,act4 7#g7 ,enforceability date ,the term enforceability date means the date described in section #ai7;e74 7#h7 ,lake ,elwell ,the term ,lake ,elwell means the water impounded on the ,marias ,river in the ,state by ,tiber ,dam1 a feature of the ,lower ,marias ,unit of the ,pick-,sloan ,missouri ,river ,basin ,program authorized by section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe74 7#i7 ,milk ,river basin ,the term ,milk ,river basin means the main stem of the ,milk ,river 7including tributaries71 from the headwaters of that river to the confluence with the ,missouri ,river4 7#aj7 ,milk ,river ,project 7,a7 ,in general ,the term ,milk ,river ,project means the ,bureau of ,reclamation project conditionally approved by the ,secretary on ,march #ad1 #aijc1 pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 commencing at ,lake ,sherburne ,reservoir and providing water to a point approximately #f miles east of ,nashua1 ,montana4 7,b7 ,inclusions ,the term ,milk ,river ,project includes-- 7i7 the ,st4 ,mary storage unit2 7ii7 the ,fresno ,dam2 and 7iii7 the ,dodson pumping unit4 7#aa7 ,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 ,project1 as finally adjudicated by the ,montana ,water ,court4 7#ab7 ,milk ,river water right ,the term ,milk ,river water right means the ,milk ,river water right of the ,tribe as established in article ,,iii4,f of the ,compact4 7#ac7 ,missouri ,river basin ,the term ,missouri ,river basin means the hydrologic basin of the ,missouri ,river 7including tributaries74 7#ad7 ,,mr,i ,system ,the term ,,mr,i ,system means-- 7,a7 the intake1 treatment1 pumping1 storage1 pipelines1 appurtenant items1 and real property1 as generally described in the document entitled ,blackfeet ,regional ,water ,system ,report1 prepared by ,,dowl ,,hkm1 and dated ,june #bjaj1 and updated in the memorandum entitled ,blackfeet ,regional ,water ,system ,potential ,cost ,modifications1 prepared by ,,dowl ,,hkm1 and dated ,november #c1 #bjaa2 and 7,b7 the existing public water systems improved under subparagraph 7,a74 7#ae7 ,,om,r ,the term ,,om,r means-- 7,a7 any recurring or ongoing activity associated with the day-to-day operation of a project2 7,b7 any activity relating to scheduled or unscheduled maintenance of a project2 and 7,c7 any activity relating to replacing a feature of a project4 7#af7 ,pondera ,county ,canal and ,reservoir ,company ,project ,the term ,pondera ,county ,canal and ,reservoir ,company ,project means the project authorized in part by section #d of the ,act of ,august #ah1 #ahid 7#bh ,stat4 #dbb71 and lying south of ,birch ,creek in ,montana ,water ,court ,basin #da,m4 7#ag7 ,reservation ,the term ,reservation means the ,blackfeet ,indian ,reservation of ,montana1 as in existence on the date of enactment of this ,act4 7#ah7 ,st4 ,mary ,river water right ,the term ,st4 ,mary ,river water right means the water right of the ,tribe in the ,st4 ,mary ,river as established by article ,,iii4,g4#a4;a4i4 of the ,compact and implemented in accordance with article ,,iv4,d4#d of the ,compact and this ,act4 7#ai7 ,st4 ,mary ,unit 7,a7 ,in general ,the term ,st4 ,mary ,unit means the ,st4 ,mary ,storage ,unit of the ,milk ,river ,project authorized by ,congress on ,march #be1 #aije4 7,b7 ,inclusions ,the term ,st4 ,mary ,unit includes-- 7i7 ,sherburne ,dam and ,reservoir2 7ii7 ,swift ,current ,creek ,dike2 7iii7 ,lower ,st4 ,mary ,lake2 7iv7 ,st4 ,mary ,canal ,diversion ,dam2 and 7v7 ,st4 ,mary ,canal and appurtenances4 7#bj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ba7 ,state ,the term ,state means the ,state of ,montana4 7#bb7 ,tribal water code ,the term tribal water code means the code adopted by the ,tribe in the tribal ordinance numbered #fb 7as amended in accordance with the ,compact and this ,act74 7#bc7 ,tribal water right ,the term tribal water right means the right of the ,tribe to divert1 use1 or store water1 as established in-- 7,a7 article ,,iii of the ,compact2 7,b7 the allocation of water to the ,tribe from ,lake ,elwell pursuant to section #h2 and 7,c7 any allocation of water to the ,tribe pursuant to this ,act in fulfillment of the water rights of the ,tribe4 7#bd7 ,tribe ,the term ,tribe means the ,blackfeet ,tribe of the ,blackfeet ,indian ,reservation4 #d4 ,milk ,river water right 7a7 ,resolution alternatives 7#a7 ,in general ,not later than #aj years after the enforceability date1 the ,tribe shall identify1 and discuss with the ,fort ,belknap ,indian ,community1 alternatives to resolve any conflict between the ,milk ,river water right and the ,milk ,river water right of the ,fort ,belknap ,indian ,community4 7#b7 ,action by ,secretary ,the ,secretary shall-- 7,a7 facilitate discussions between the ,tribe and the ,fort ,belknap ,indian ,community under paragraph 7#a72 and 7,b7 provide technical assistance to the ,tribe and the ,fort ,belknap ,indian ,community to carry out paragraph 7#a74 7#c7 ,uses by ,tribe ,during the #aj-year period described in paragraph 7#a71 the ,tribe may-- 7,a7 continue the present and historical uses of water by the ,tribe2 and 7,b7 exercise any ,state water rights in the ,milk ,river basin possessed or acquired by the ,tribe4 7b7 ,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 7a77#a71 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 ,community1 subject to the conditions that-- 7#a7 the ,secretary shall consult with the ,tribe and the ,fort ,belknap ,indian ,community in identifying the alternatives2 and 7#b7 the ,tribe and the ,fort ,belknap ,indian ,community shall agree to the alternatives identified by the ,secretary4 #e4 ,st4 ,mary ,river water right 7a7 ,in general ,pursuant to article ,,iv4,d4#d of the ,compact1 the ,secretary1 acting through the ,commissioner of ,reclamation1 shall carry out the activities authorized by this section relating to the ,st4 ,mary ,river water right4 7b7 ,water delivery contract 7#a7 ,in general ,not later than #ahj days after the enforceability date1 the ,secretary shall enter into a water delivery contract with the ,tribe for the delivery of #e1jjj acre-feet per year of the ,st4 ,mary ,river water right through ,milk ,river ,project facilities to the ,tribe or another entity specified by the ,tribe4 7#b7 ,terms and conditions ,the contract under paragraph 7#a7 shall establish the terms and conditions for the water deliveries described in paragraph 7#a7 in accordance with the ,compact and this ,act4 7#c7 ,requirements ,the water delivery contract under paragraph 7#a7 shall include provisions requiring that-- 7,a7 the contract shall be without limit as to term2 7,b7 the ,tribe1 and not the ,united ,states1 shall collect1 and shall be entitled to1 all consideration due to the ,tribe under any lease1 contract1 or agreement entered into by the ,tribe pursuant to subsection 7e72 7,c7 the ,united ,states shall have no obligation to monitor1 administer1 or account for-- 7i7 any funds received by the ,tribe as consideration under any lease1 contract1 or agreement entered into by the ,tribe pursuant to subsection 7e72 or 7ii7 the expenditure of such funds2 7,d7 if water deliveries under the contract are interrupted for an extended period of time because of damage to1 or a reduction in the capacity of1 ,st4 ,mary ,unit facilities1 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 section2 7,e7 the ,tribe shall not be required to pay operation1 maintenance1 or replacement costs for the water delivered under this section2 7,f7 deliveries of water under this section shall be made at such times at which1 and to such places to which1 the ,bureau of ,reclamation can deliver water without additional cost to the ,bureau2 and 7,g7 7i7 the #e1jjj acre-feet per year of water delivered under this section shall not be subject to shortage sharing or reduction2 and 7ii7 notwithstanding article ,,iv4,d4#d of the ,compact1 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 users4 7c7 ,additional water 7#a7 ,in general ,if the ,secretary determines that there is available ,st4 ,mary water1 the ,secretary shall enter into a contract with the ,tribe for the delivery of the available ,st4 ,mary water subject to the requirements described in subsection 7b77#c7 and this subsection4 7#b7 ,rehabilitation ,additional water made available through any rehabilitation of the ,st4 ,mary ,unit shall be considered to be available ,st4 ,mary water for purposes of this ,act and the ,compact4 7#c7 ,enlargement ,additional water made available through any enlargement of the ,st4 ,mary ,canal-- 7,a7 shall not be considered to be a part of the ,milk ,river ,project water right2 and 7,b7 shall be made available to the ,tribe as part of the ,st4 ,mary ,river water right4 7d7 ,trust fund payments ,in consideration for the deferral of the delivery of the quantity in excess of the #e1jjj acre-feet per year of water specified in subsection 7b77#a71 the ,united ,states shall pay to the ,tribe #bg1hjj1jjj1 which shall be invested and managed in accordance with section #ag7;d74 7e7 ,subcontracts 7#a7 ,in general ,the ,tribe may enter into any subcontract for the delivery of water under this section to a third party1 in accordance with section #af4 7#b7 ,compliance with other law ,a subcontract described in paragraph 7#a7 shall comply with the ,compact1 this ,act1 and any other applicable law4 7#c7 ,no liability ,the ,secretary shall not be liable to any party1 including the ,tribe1 for any term of1 or any loss or other detriment resulting from1 a lease1 contract1 or other agreement entered into pursuant to this subsection4 #f4 ,bureau of ,reclamation activities to improve water management 7a7 ,milk ,river ,project purposes 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the purposes of the ,milk ,river ,project shall include-- 7,a7 irrigation2 7,b7 flood control2 7,c7 the protection of fish and wildlife2 7,d7 recreation2 7,e7 the provision of municipal1 rural1 and industrial water supply2 and 7,f7 hydroelectric power generation4 7#b7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary shall not increase any water use by the ,milk ,river ,project as a result of the purposes described in paragraph 7#a7 beyond the quantity of water use authorized by valid contracts in effect on the date of enactment of this ,act1 until the ,st4 ,mary ,river water right is fulfilled4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any contract entered into by the ,secretary and the ,tribe under subsection 7b7 or 7c7 of section #e4 7#c7 ,beneficial use by ,tribe ,in addition to the purposes described in paragraph 7#a71 use of ,milk ,river ,project facilities to transport water for the ,tribe pursuant to subsections 7b71 7c71 and 7e7 of section #e1 together with any use by the ,tribe of such water in accordance with the tribal water code-- 7,a7 shall be considered to be an authorized purpose of the ,milk ,river ,project2 and 7,b7 shall not change the priority date of any tribal water right4 7b7 ,st4 ,mary ,river feasibility study 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary1 acting through the ,commissioner of ,reclamation1 in cooperation with the ,tribe and the ,state1 shall conduct a study-- 7,a7 to evaluate the feasibility of alternatives for the rehabilitation of the ,st4 ,mary ,unit2 7,b7 to identify alternatives to provide additional ,st4 ,mary ,river water and ,milk ,river water to the ,tribe2 7,c7 to evaluate the feasibility of the development of increased storage in ,fresno ,reservoir2 7,d7 to establish a cost allocation based on the purposes described in this section2 and 7,e7 to develop a plan for the management and development of water supplies in the ,st4 ,mary ,river basin and the ,milk ,river basin4 7#b7 ,consultation ,before conducting the study under this subsection1 and regularly during the course of the study1 the ,secretary shall consult with the ,tribe1 the ,state1 and the ,milk ,river ,project users concerning the identification of alternatives to make additional water available to the ,tribe in fulfillment of the ,st4 ,mary ,river water right and the ,milk ,river water right for delivery through the ,st4 ,mary ,unit or from direct flow4 7#c7 ,submission to ,congress ,not later than #c years after the date on which funds are made available to carry out this ,act1 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 subsection4 7#d7 ,costs nonreimbursable ,the cost of the study under this subsection shall not be-- 7,a7 considered to be a project cost2 or 7,b7 reimbursable in accordance with the ,federal reclamation laws4 7c7 ,consultation with ,tribe ,not later than #a year after the date of enactment of this ,act1 and not less frequently than annually thereafter1 the ,commissioner of ,reclamation shall consult with the ,tribe regarding the management of the ,st4 ,mary ,unit by the ,bureau of ,reclamation4 7d7 ,swift ,current ,creek ,bank stabilization 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 but not later than #e years after the enforceability date1 the ,secretary1 acting through the ,commissioner of ,reclamation1 shall carry out appropriate activities to implement the ,swift ,current ,creek ,bank stabilization project4 7#b7 ,scope ,the scope of the activities conducted under this subsection shall be as generally described in the document entitled ,boulder_/,swiftcurrent ,creek ,stabilization ,project1 ,phase ,,ii ,investigations ,report1 prepared by ,,dowl ,,hkm1 and dated ,january #bjab 7as updated or amended by the phase ,,iii report74 7e7 ,milk ,river ,project rights-of-,way and easements ,as soon as practicable after the date of enactment of this ,act1 but not later than the enforceability date1 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-way1 easements1 and other property interests in and to the ,milk ,river ,project that are located on land of the ,tribe4 7f7 ,funding ,the total amount of obligations incurred by the ,secretary in carrying out this section shall not exceed #be1bjj1jjj1 including-- 7#a7 #a1gjj1jjj for a right-of-way survey2 7#b7 #c1hjj1jjj for the ,st4 ,mary ,river feasibility study under subsection 7b72 and 7#c7 #ai1gjj1jjj for the ,swift ,current ,creek ,bank stabilization project under subsection 7d74 #g4 ,st4 ,mary ,canal hydroelectric power generation 7a7 ,in general ,the ,tribe shall have the exclusive right to develop and market hydroelectric power from ,st4 ,mary ,unit facilities4 7b7 ,bureau of ,reclamation cooperation ,the ,commissioner of ,reclamation shall cooperate with the ,tribe in the development of any hydroelectric power generation project under this section4 7c7 ,agreement ,before construction of a hydroelectric power generation project under this section1 the ,tribe shall enter into an agreement with the ,commissioner of ,reclamation that includes provisions requiring that-- 7#a7 the design1 construction1 and operation of the project shall be consistent with the ,bureau of ,reclamation guidelines and methods for hydroelectric power development at ,bureau facilities1 as appropriate2 7#b7 the hydroelectric power generation project shall be compatible with the operations of the ,milk ,river ,project1 including agreements-- 7,a7 regarding operating criteria and emergency procedures2 and 7,b7 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 ,secretary1 acting through the ,commissioner of ,reclamation2 7#c7 the ,tribe shall receive credit for any cost savings resulting from an activity for rehabilitation of the ,st4 ,mary ,canal if the ,tribe constructs a hydroelectric facility in conjunction with the rehabilitation activity2 and 7#d7 beginning on the date that is #aj years after the date on which the ,tribe begins marketing hydroelectric power generated from the ,st4 ,mary ,unit1 the ,tribe shall make annual payments for operation1 maintenance1 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 operation1 maintenance1 and replacement charges4 7d7 ,use of hydroelectric power by ,tribe ,any hydroelectric power generated in accordance with this section shall be used or marketed by the ,tribe4 7e7 ,revenues ,the ,tribe shall collect and retain any revenues from the sale of hydroelectric power generated by a project under this section4 7f7 ,liability of ,united ,states ,the ,united ,states shall have no obligation to monitor1 administer1 or account for-- 7#a7 any revenues received by the ,tribe under this section2 or 7#b7 the expenditure of such revenues4 #h4 ,storage allocation from ,lake ,elwell 7a7 ,storage allocation to ,tribe ,the ,secretary shall allocate to the ,tribe #ef1jjj acre-feet per year of water stored in ,lake ,elwell for use by the ,tribe for any beneficial purpose on or off the ,reservation1 under a water right held by the ,united ,states and managed by the ,bureau of ,reclamation1 as measured at the outlet works of ,tiber ,dam or through direct pumping from ,lake ,elwell4 7b7 ,treatment 7#a7 ,in general ,the allocation to the ,tribe under subsection 7a7 shall be considered to be part of the tribal water right4 7#b7 ,priority date ,the priority date of the allocation to the ,tribe under subsection 7a7 shall be the priority date of the ,lake ,elwell water right held by the ,bureau of ,reclamation4 7#c7 ,administration 7,a7 ,in general ,the ,tribe shall administer the water allocated under subsection 7a7 in accordance with the ,compact and this ,act4 7,b7 ,temporary transfer ,in accordance with subsection 7d71 the ,tribe may temporarily transfer by service contract1 lease1 exchange1 or other agreement the water allocated under subsection 7a7 off the ,reservation1 subject to the approval of the ,secretary and the requirements of the ,compact4 7c7 ,allocation agreement 7#a7 ,in general ,as a condition of receiving an allocation under this section1 the ,tribe shall enter into an agreement with the ,secretary to establish the terms and conditions of the allocation1 in accordance with the ,compact and this ,act4 7#b7 ,inclusions ,the agreement under paragraph 7#a7 shall include provisions that-- 7,a7 the agreement shall be without limit as to term2 7,b7 the ,tribe1 and not the ,united ,states1 shall be entitled to all consideration due to the ,tribe under any lease1 contract1 or agreement entered into by the ,tribe pursuant to subsection 7d72 7,c7 the ,united ,states shall have no obligation to monitor1 administer1 or account for-- 7i7 any funds received by the ,tribe as consideration under any lease1 contract1 or agreement entered into by the ,tribe pursuant to subsection 7d72 or 7ii7 the expenditure of such funds2 7,d7 if the capacity or function of ,lake ,elwell facilities are significantly reduced1 or are anticipated to be significantly reduced1 for an extended period of time1 the ,tribe shall have the same storage rights as other storage contractors with respect to the allocation under this section2 7,e7 the costs associated with the construction of the storage facilities at ,tiber ,dam allocable to the ,tribe shall be-- 7i7 nonreimbursable2 and 7ii7 excluded from any repayment obligation of the ,tribe2 7,f7 no water service capital charge shall be due or payable for any water allocated to the ,tribe pursuant to this section or the allocation agreement1 regardless of whether that water is delivered for use by the ,tribe or under a lease1 contract1 or by agreement entered into by the ,tribe pursuant to subsection 7b77#c77;,b72 7,g7 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 agreement1 except for each acre-foot of stored water leased or sold for industrial purposes as described in subparagraph 7,h72 and 7,h7 for each acre-foot of stored water leased or sold by the ,tribe for industrial purposes-- 7i7 the ,tribe shall pay annually to the ,united ,states an amount necessary to cover the proportional share of the annual operation1 maintenance1 and replacement costs allocable to the quantity of water leased or sold by the ,tribe for industrial purposes2 and 7ii7 the annual payments of the ,tribe shall be reviewed and adjusted1 as appropriate1 to reflect the actual operation1 maintenance1 and replacement costs for ,tiber ,dam4 7d7 ,agreements by ,tribe ,the ,tribe may use1 lease1 contract1 exchange1 or enter into other agreements for use of the water allocated to the ,tribe under subsection 7a7 if-- 7#a7 the use of water that is the subject of such an agreement occurs within the ,missouri ,river basin2 and 7#b7 the agreement does not permanently alienate any portion of the water allocated to the ,tribe under subsection 7a74 7e7 ,effective date ,the allocation under subsection 7a7 takes effect on the enforceability date4 7f7 ,prohibition on increase ,the allocation under subsection 7a7 shall not be increased by any year-to-year carryover storage4 7g7 ,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 section4 #i4 ,blackfeet ,irrigation ,project 7a7 ,in general ,notwithstanding any other provision of law1 and without altering applicable law 7including regulations7 under which the ,bureau of ,indian ,affairs collects assessments and carries out ,blackfeet ,irrigation ,project ,,om,r 7other than the maintenance and improvements carried out under this section71 the ,secretary1 acting through the ,commissioner of ,reclamation1 shall carry out the following responsibilities of the ,united ,states relating to the ,blackfeet ,irrigation ,project3 7#a7 ,deferred maintenance4 7#b7 ,dam safety improvements for ,four ,horns ,dam4 7b7 ,lead agency ,the ,bureau of ,reclamation shall serve as the lead agency with respect to any activities under this section4 7c7 ,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 ,assessment1 ,blackfeet ,irrigation ,project1 prepared by ,,dowl ,,hkm1 and dated ,august #bjjg1 subject to the condition that1 before commencing construction activities1 the ,secretary shall-- 7#a7 review the design of the proposed rehabilitation or improvement2 and 7#b7 perform value engineering analyses4 7d7 ,funding ,the total amount of obligations incurred by the ,secretary in carrying out this section shall not exceed #cg1ijj1jjj4 #aj4 ,birch ,creek mitigation project 7a7 ,in general ,the ,secretary1 acting through the ,commissioner of ,reclamation1 shall carry out activities to provide mitigation water for ,birch ,creek water users from ,four ,horns ,reservoir1 in accordance with the ,birch ,creek ,agreement4 7b7 ,lead agency ,the ,bureau of ,reclamation shall serve as the lead agency with respect to any activities under this section4 7c7 ,scope 7#a7 ,in general ,the scope of the rehabilitation and improvements shall be as generally described in the document entitled ,four ,horns ,feeder ,canal ,rehabilitation with ,export1 prepared by ,,dowl ,,hkm1 and dated ,may #ca1 #bjab1 subject to the condition that1 before commencing construction activities1 the ,secretary shall-- 7,a7 review the design of the proposed rehabilitation or improvement2 and 7,b7 perform value engineering analyses4 7#b7 ,inclusions ,the activities carried out by the ,secretary under this section shall include-- 7,a7 the rehabilitation or improvement of the ,four ,horns feeder canal system to a capacity of not less than #cfj cubic feet per second2 7,b7 the rehabilitation or improvement of the outlet works of ,four ,horns ,dam and ,reservoir to deliver #ae1jjj acre-feet of water per year1 in accordance with subparagraph 7,c72 and 7,c7 construction of facilities to deliver #ae1jjj 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 ,creek1 in accordance with the ,birch ,creek ,agreement4 7#c7 ,costs ,the costs to construct facilities under this subsection-- 7,a7 shall not be paid by the ,united ,states2 and 7,b7 shall be nonreimbursable4 7#d7 ,negotiation with ,tribe ,on the basis of the review described in paragraph 7#a77;,a71 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 standards4 7d7 ,funding ,no part of the project under this section shall be commenced until the ,state has appropriated and made available #cd1jjj1jjj to carry out this section4 #aa4 ,birch ,creek ,mitigation ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,birch ,creek ,mitigation ,fund 7referred to in this section as the ,fund71 to be used to mitigate the impacts of development of the tribal water right described in article ,,iii4,c4#a4 of the ,compact on the ,birch ,creek water supplies of the ,pondera ,county ,canal and ,reservoir ,company ,project4 7b7 ,management ,the ,secretary1 acting through the ,commissioner of ,reclamation1 shall manage the ,fund in accordance with this section4 7c7 ,disbursement of ,fund ,amounts from the ,fund may not be disbursed until the expiration of the ,birch ,creek ,agreement4 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #ab4 ,design and construction of ,,mr,i ,system 7a7 ,in general ,the ,secretary1 acting through the ,commissioner of ,reclamation1 shall plan1 design1 and construct the ,,mr,i ,system in accordance with #a or more agreements between the ,secretary and the ,tribe4 7b7 ,lead agency ,the ,bureau of ,reclamation shall serve as the lead agency with respect to any activity to design and construct the ,,mr,i ,system4 7c7 ,scope 7#a7 ,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 ,report1 prepared by ,,dowl ,,hkm1 and dated ,june #bjaj1 and updated in a memorandum entitled ,blackfeet ,regional ,water ,system ,potential ,cost ,modifications1 prepared by ,,dowl ,,hkm1 and dated ,november #c1 #bjaa1 subject to the condition that1 before commencing final design and construction activities1 the ,secretary shall-- 7,a7 review the design of the proposed ,,mr,i ,system2 and 7,b7 perform value engineering analyses and appropriate ,federal compliance activities4 7#b7 ,negotiation with ,tribe ,on the basis of the review described in paragraph 7#a77;,a71 the ,secretary shall negotiate with the ,tribe appropriate changes to the final design-- 7,a7 to ensure that the final design meets applicable industry standards2 and 7,b7 to improve the cost-effectiveness of the delivery of ,,mr,i ,system water4 7d7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7e7 ,funding ,the total amount of funding to carry out this section shall not exceed #gf1bjj1jjj4 7f7 ,non-,federal contribution 7#a7 ,in general ,prior to completion of the final design of the ,,mr,i ,system required by subsection 7c71 the ,secretary shall consult with the ,tribe1 the ,state1 and other affected non-,federal parties to discuss the practicability of receiving non-,federal contributions for the cost of the ,,mr,i ,system4 7#b7 ,negotiations ,if1 based on the extent to which non-,federal parties are expected to use the ,,mr,i ,system1 a non-,federal contribution to the ,,mr,i ,system is determined to be appropriate under paragraph 7#a71 the ,secretary shall initiate negotiations for an agreement regarding the means by which such contributions shall be provided4 #ac4 ,blackfeet water1 storage1 and development projects 7a7 ,in general ,the ,secretary1 acting through the ,commissioner of ,reclamation1 shall carry out such activities as are necessary to construct the ,blackfeet water1 storage1 and development projects1 in accordance with an agreement to be negotiated between the ,secretary and the ,tribe4 7b7 ,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 water1 storage1 and development projects4 7c7 ,scope 7#a7 ,in general ,the scope of the construction under this section shall be as generally described in the document entitled ,blackfeet ,water ,storage1 ,development1 and ,projects ,report1 prepared by ,,dowl ,,hkm1 and dated ,july #af1 #bjab1 and any modifications or revisions to the report1 subject to the condition that1 before commencing construction activities1 the ,secretary shall-- 7,a7 review the design of the proposed rehabilitation or improvement2 and 7,b7 perform value engineering analyses4 7#b7 ,negotiation with ,tribe ,on the basis of the review described in paragraph 7#a77;,a71 the ,secretary shall negotiate with the ,tribe appropriate changes to the projects1 including final design-- 7,a7 to ensure that the final design meets applicable industry standards2 7,b7 to improve the use1 management1 and administration of tribal water for irrigation and other purposes2 and 7,c7 to take into consideration the equitable distribution of water to allottees4 7d7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7e7 ,funding ,the total amount of obligations incurred by the ,secretary in carrying out this section shall not exceed #agh1cjj1jjj4 #ad4 ,tribal implementation agreements -- 7a7 ,applicability of ,,isdeaa ,at the request of the ,tribe and in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq471 the ,secretary shall enter into #a or more agreements with the ,tribe to carry out sections #i1 #aj1 #ab1 and #ac4 7b7 ,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 7a71 subject to the condition that the total cost for the oversight shall not exceed #d percent of the total project costs for each project4 7c7 ,acquisition of land 7#a7 ,tribal easements and rights-of-way ,on request of the ,secretary1 and in partial consideration for the funding provided under section #ag7k71 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 #i1 #aj1 #ab1 and #ac1 at no cost to the ,united ,states4 7#b7 ,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 #i1 #aj1 #ab1 and #ac shall be held in trust by the ,united ,states on behalf of the ,tribe as part of the ,reservation4 7d7 ,transfer of title 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may transfer to the ,tribe1 at no cost1 any title held by the ,united ,states in and to each facility1 asset1 or other property of each of the projects authorized under sections #i1 #aj1 #ab1 and #ac in accordance with paragraph 7#b74 7#b7 ,conveyance to ,tribe ,the ,secretary shall convey to the ,tribe title in and to the projects authorized by sections #i1 #aj1 #ab1 and #ac not later than #cj days after the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7,a7 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 #i1 #aj1 #aa1 or #ab2 and 7,b7 the ,secretary has provided to the ,tribe-- 7i7 a report regarding the condition of the project2 and 7ii7 technical assistance regarding the operation and maintenance of the projects1 including operation and maintenance training4 7#c7 ,ownership ,on transfer of title under paragraph 7#a71 the projects or any portion of the projects transferred under paragraph 7#b7 shall be considered to be owned1 operated1 and managed by the ,tribe4 7e7 ,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 7d71 or on assumption of the operation of the project by the ,tribe1 the ,tribe may collect-- 7#a7 ,,om,r costs2 and 7#b7 any other costs relating to the operation of the project1 as appropriate4 7f7 ,operation and maintenance of ,blackfeet ,irrigation ,project ,on transfer of title to the ,blackfeet ,irrigation ,project pursuant to subsection 7d71 the ,tribe shall promulgate criteria and procedures1 subject to the approval of the ,secretary1 under which the ,tribe shall operate and maintain the ,blackfeet ,irrigation ,project1 including-- 7#a7 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 law1 including a process for-- 7,a7 appeal and adjudication of denied or disputed distributions of water2 and 7,b7 resolution of contested administrative decisions2 and 7#b7 a system for establishing operation and maintenance assessment rates1 including a process for-- 7,a7 appeal and adjudication of operation and maintenance assessment rates2 and 7,b7 resolution of contested administrative decisions4 7g7 ,liability 7#a7 ,in general ,effective on the date of the transfer authorized by subsection 7d71 the ,united ,states shall not be liable for damages of any kind arising out of any act1 omission1 or occurrence relating to the land1 buildings1 or facilities transferred under this subsection1 other than damages caused by acts of negligence committed by the ,united ,states 7or an employee or agent of the ,united ,states7 before the date of transfer4 7#b7 ,tort claims ,nothing in this section increases the liability of the ,united ,states beyond the liability provided in chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act74 7#c7 ,,om,r obligation of ,federal ,government after transfer ,the ,federal ,government shall have no obligation to pay for the operation1 maintenance1 or replacement costs of the projects authorized by sections #i1 #aj1 #ab1 and #ac beginning on the later of-- 7,a7 the date on which title to any project authorized by sections #i1 #aj1 #ab1 and #ac is transferred to the ,tribe2 and 7,b7 the date on which the amounts required to be deposited in the ,,om,r ,account pursuant to section #ag7k77#b7 have been deposited in that account4 7h7 ,alienation and taxation ,transfer of title to the ,tribe pursuant to subsection 7d7 does not waive or alter any applicable ,federal law prohibiting alienation or taxation of-- 7#a7 the project2 or 7#b7 the underlying ,reservation land4 #ae4 ,ratification of ,compact 7a7 ,ratification 7#a7 ,in general ,except as modified by this ,act1 and to the extent that the ,compact does not conflict with this ,act1 the ,compact is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,if an amendment is executed in accordance with this ,act to make the ,compact consistent with this ,act1 the amendment is authorized1 ratified1 and confirmed4 7b7 ,execution 7#a7 ,in general ,to the extent that the ,compact does not conflict with this ,act1 the ,secretary shall execute the ,compact1 including all exhibits to1 or parts of1 the ,compact requiring the signature of the ,secretary4 7#b7 ,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 ,act1 to the extent that the modification does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or any other applicable provision of ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,compact and this ,act1 the ,secretary shall comply with all applicable provisions of-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,c7 all other applicable environmental law and regulations4 7#b7 ,effect of execution 7,a7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,compliance ,the ,secretary shall carry out all ,federal compliance activities necessary to implement the ,compact4 #af4 ,tribal water rights 7a7 ,confirmation of tribal water rights 7#a7 ,in general ,the tribal water rights are ratified1 confirmed1 and declared to be valid4 7#b7 ,use ,use of the tribal water rights shall be subject to the terms and conditions established by the ,compact and this ,act4 7b7 ,holding in trust ,the tribal water rights-- 7#a7 shall be held in trust by the ,united ,states for the use and benefit of the ,tribe in accordance with this section2 and 7#b7 shall not be subject to forfeiture or abandonment4 7c7 ,intent of ,congress ,it is the intent of ,congress to provide to each allottee benefits that are equivalent to1 or exceed1 the benefits possessed by allottees on the day before the date of enactment of this ,act1 taking into consideration-- 7#a7 the potential risks1 cost1 and time delay associated with litigation that would be resolved by the ,compact and this ,act2 7#b7 the availability of funding under this ,act and from other sources2 7#c7 the availability of water from the tribal water rights2 and 7#d7 the applicability of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 and this ,act to protect the interests of allottees4 7d7 ,allottees 7#a7 ,applicability of ,act of ,february #h1 #ahhg ,the provisions of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 relating to the use of water for irrigation purposes shall apply to the tribal water rights4 7#b7 ,entitlement to water ,any entitlement to water of an allottee under ,federal law shall be satisfied from the tribal water rights4 7#c7 ,allocations ,pursuant to the ,act of ,february #h1 #ahhg 7#bd ,stat4 #cij1 chapter #aai71 allottees shall be entitled to a just and equitable allocation of water for irrigation purposes4 7#d7 ,claims 7,a7 ,exhaustion of remedies ,before asserting any claim against the ,united ,states under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or any other applicable law1 an allottee shall exhaust remedies available under the tribal water code or other applicable tribal law4 7,b7 ,action for relief ,after the exhaustion of all remedies available under the tribal water code or other applicable tribal law1 an allottee may assert a claim against the ,united ,states under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or other applicable law4 7#e7 ,authority ,the ,secretary shall have the authority to protect the rights of allottees in accordance with this section4 7e7 ,authority of ,tribe 7#a7 ,in general ,the ,tribe shall have the authority to allocate1 distribute1 and transfer the tribal water right in accordance with-- 7,a7 the ,compact2 and 7,b7 the tribal water code4 7#b7 ,land leases by allottees ,an allottee may lease any interest in land held by the allottee1 together with any allocation of water under subsection 7d77#c71 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 code4 7f7 ,tribal water code 7#a7 ,in general ,in accordance with article ,,iv4,c4#a4 of the ,compact1 the ,tribe shall-- 7,a7 amend the tribal water code in accordance with the ,compact and this ,act2 and 7,b7 ensure that the amendments provide for-- 7i7 the management1 regulation1 and governance of all uses of the tribal water rights in accordance with the ,compact and this ,act1 including all uses by allottees 7or any successor in interest to an allottee72 and 7ii7 establishment by the ,tribe of conditions1 permit requirements1 and other limitations relating to the storage1 recovery1 and use of the tribal water rights in accordance with the ,compact and this ,act4 7#b7 ,inclusions ,subject to the approval of the ,secretary1 the tribal water code shall provide that-- 7,a7 tribal allocations of water to allottees shall be satisfied with water from the tribal water rights2 7,b7 charges for delivery of water for irrigation purposes for allottees shall be assessed on a just and equitable basis2 7,c7 there is a process by which an allottee may request that the ,tribe provide water for irrigation use in accordance with this ,act1 including the provision of water under any allottee lease2 7,d7 there is a due process system for the consideration and determination by the ,tribe of any request by an allottee 7or a successor in interest to an allottee7 for an allocation of water for irrigation purposes on allotted land1 including a process for-- 7i7 appeal and adjudication of any denied or disputed distribution of water2 and 7ii7 resolution of any contested administrative decision2 and 7,e7 any allottee with a claim relating to the enforcement of rights of the allottee under the tribal water code1 or to the quantity of water allocated to land of the allottee1 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 7d77#d77;,b74 7#c7 ,interim provisions 7,a7 ,in general ,subject to the requirements of section #d and until the date on which the amendments to the tribal water code are approved by the ,secretary1 the tribal water rights shall be administered by the ,tribe pursuant to ordinance numbered #fb of the tribal water code1 to the extent that the ordinance is not inconsistent and does not conflict with the ,compact or this ,act4 7,b7 ,conflicts ,in the event of an inconsistency or conflict described in subparagraph 7,a71 the provisions of the ,compact and this ,act shall control4 7#d7 ,approval by ,secretary 7,a7 ,in general ,the tribal water code1 and any amendment to the tribal water code1 shall not be valid unless the tribal water code or amendment is approved by the ,secretary4 7,b7 ,approval period ,the ,secretary shall approve or disapprove the tribal water code or an amendment to the tribal water code by not later than #ahj days after the date on which the tribal water code or amendment is submitted to the ,secretary4 7g7 ,effect ,except as otherwise expressly provided in this section1 nothing in this ,act-- 7#a7 authorizes any action by an allottee against any individual or entity1 or against the ,tribe1 under ,federal1 ,state1 tribal1 or local law2 or 7#b7 alters or affects the status of any action pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 #ag4 ,blackfeet ,settlement ,trust ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund1 to be known as the ,blackfeet ,settlement ,trust ,fund 7referred to in this section as the ,trust ,fund71 consisting of the amounts deposited in the ,fund under subsection 7c71 together with any interest earned on those amounts1 to be managed1 invested1 and distributed by the ,secretary for the benefit of the ,tribe1 to remain available until expended4 7b7 ,accounts ,the ,secretary shall establish in the ,trust ,fund the following accounts3 7#a7 ,the ,administration and ,energy ,account4 7#b7 ,the ,,om,r ,account4 7#c7 ,the ,water ,deferral ,account4 7#d7 ,the ,,mr,i ,system ,account4 7#e7 ,the ,blackfeet ,water1 ,storage1 and ,development ,projects ,account4 7#f7 ,the ,blackfeet ,irrigation ,project ,deferred ,maintenance and ,four ,horns ,dam ,safety ,improvements ,account4 7#g7 ,the ,st4 ,mary_/,milk ,water ,management and ,activities ,account4 7c7 ,transfers ,the ,secretary shall transfer to the ,trust ,fund-- 7#a7 to the ,administration and ,energy ,account1 the amount made available pursuant to subsection 7k77#a72 7#b7 to the ,,om,r ,account1 the amount made available pursuant to subsection 7k77#b72 7#c7 to the ,water ,deferral ,account1 the amount made available pursuant to subsection 7k77#c72 7#d7 to the ,,mr,i ,system ,account1 the amount made available pursuant to subsection 7k77#d72 7#e7 to the ,blackfeet ,water1 ,storage1 and ,development ,projects ,account1 the amount made available pursuant to subsection 7k77#e72 7#f7 to the ,blackfeet ,irrigation ,project ,deferred ,maintenance and ,four ,horns ,dam ,safety ,improvements ,account1 the amount made available pursuant to subsection 7k77#f72 and 7#g7 to the ,st4 ,mary_/,milk ,water ,management and ,activities ,account1 the amount made available pursuant to subsection 7k77#g74 7d7 ,management ,the ,secretary shall manage1 invest1 and distribute all amounts in the ,trust ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7#a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7#b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7#c7 this section4 7e7 ,availability of amounts ,amounts appropriated to1 and deposited in1 the ,trust ,fund1 including any investment earnings1 shall be made available to the ,tribe beginning on the enforceability date4 7f7 ,withdrawals by ,tribe 7#a7 ,in general ,the ,tribe may withdraw any portion of the funds in the accounts established under subsection 7b7 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 #aiid 7#be ,u4,s4,c4 #djja et seq474 7#b7 ,requirements 7,a7 ,in general ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the tribal management plan under paragraph 7#a7 shall require that the ,tribe shall spend all amounts withdrawn from the ,trust ,fund in accordance with this ,act4 7,b7 ,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 ,act4 7g7 ,expenditure plan 7#a7 ,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 subsection4 7#b7 ,inclusions ,an expenditure plan under paragraph 7#a7-- 7,a7 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 ,tribe1 in accordance with subsection 7h72 and 7,b7 may include a description of how any remaining amounts may be used4 7#c7 ,approval ,on receipt of an expenditure plan under paragraph 7#a71 the ,secretary shall approve the plan1 if the ,secretary determines that the plan is consistent with this ,act4 7h7 ,uses ,amounts from the ,trust ,fund shall be used by the ,tribe for the following purposes3 7#a7 ,the ,administration and ,energy ,account shall be used for administration of the tribal water right and energy development projects under the ,compact4 7#b7 ,the ,,om,r ,account shall be used to assist the ,tribe in paying ,,om,r costs4 7#c7 ,the ,water ,deferral ,account shall be distributed pursuant to an approved expenditure plan as follows3 7,a7 ,the first #a1jjj1jjj deposited in the account shall be distributed to the ,tribe annually as compensation for the deferral of the ,st4 ,mary water right4 7,b7 ,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 ,secretary4 7#d7 ,the ,,mr,i ,system ,account shall be used to carry out section #ab4 7#e7 ,the ,blackfeet ,water1 ,storage1 and ,development ,projects ,account shall be used to carry out section #ac4 7#f7 ,the ,blackfeet ,irrigation ,project ,deferred ,maintenance and ,four ,horns ,dam ,safety ,improvements ,account shall be used to carry out section #i4 7#g7 ,the ,st4 ,mary_/,milk ,water ,management and ,activities ,account shall be used to carry out section #f4 7i7 ,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 7f74 7j7 ,no per capita distributions ,no portion of the ,trust ,fund shall be distributed on a per capita basis to any member of the ,tribe4 7k7 ,authorization of appropriations ,subject to subsection 7l71 there is authorized to be appropriated to the ,secretary-- 7#a7 for deposit in the ,administration and ,energy ,account1 #bh1ijj1jjj2 7#b7 for deposit in the ,,om,r ,account1 #be1ejj1jjj2 7#c7 for deposit in the ,water ,deferral ,account1 #bg1hjj1jjj2 7#d7 for deposit in the ,,mr,i ,system ,account1 #gf1bjj1jjj2 7#e7 for deposit in the ,blackfeet ,water1 ,storage1 and ,development ,projects ,account1 #agh1cjj1jjj2 7#f7 for deposit in the ,blackfeet ,irrigation ,project ,deferred ,maintenance and ,four ,horns ,dam ,safety ,improvements ,account1 #cg1ijj1jjj2 and 7#g7 for deposit in the ,st4 ,mary_/,milk ,water ,management and ,activities ,account1 #be1bjj1jjj4 7l7 ,cost indexing ,all amounts made available pursuant to subsection 7k7 shall be adjusted as necessary to reflect the changes since ,april1 #bjaj1 in the construction costs indices applicable to the construction1 maintenance1 rehabilitation1 or improvement of the projects and activities described in this ,act4 #ah4 ,water rights in ,lewis and ,clark ,national ,forest ,as part of the tribal water right1 the ,tribe shall hold the rights to water in the ,lewis and ,clark ,national ,forest1 as described in the document entitled ,more ,definite ,statement of ,claims1 dated ,november #ad1 #aiig1 filed by the ,united ,states on behalf of the ,tribe1 in the ,montana ,water ,court in the case styled ,matter of the ,adjudication of the ,existing and ,reserved ,rights to the ,use of ,water1 ,both ,surface and ,underground1 of the ,blackfeet ,tribe of the ,blackfeet ,reservation ,within the ,state of ,montana1 ,civil ,no4 ,,wc#ia-a4 #ai4 ,waivers and releases of claims 7a7 ,waivers and releases 7#a7 ,claims by ,tribe and ,united ,states as trustee for ,tribe ,subject to the retention of rights described in subsection 7c71 in consideration for recognition of the tribal water rights and other benefits under the ,compact and this ,act1 the ,tribe1 on behalf of itself and the members of the ,tribe 7but not tribal members in their capacities as allottees71 and the ,united ,states1 acting as trustee for the ,tribe and the members of the ,tribe 7but not tribal members in their capacities as allottees71 shall execute a waiver and release of all claims for water rights within the ,state that the ,tribe1 or the ,united ,states acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including a ,state stream adjudication1 on or before the enforceability date1 except to the extent that such rights are recognized by this ,act4 7#b7 ,claims by ,united ,states as trustee for allottees ,subject to the retention of claims described in subsection 7c71 in consideration for recognition of the tribal water rights and other benefits under the ,compact and this ,act1 the ,united ,states1 acting as trustee for the allottees1 shall execute a waiver and release of all claims for water rights within the ,reservation that the ,united ,states1 acting as trustee for the allottees1 asserted or could have asserted in any proceeding1 including a ,state stream adjudication1 on or before the enforceability date1 except to the extent that such rights are recognized by the ,compact or this ,act4 7#c7 ,claims by ,tribe against ,united ,states ,subject to the retention of rights described in subsection 7c71 in consideration for recognition of the tribal water rights and other benefits under the ,compact and this ,act1 the ,tribe1 on behalf of itself and the members of the ,tribe 7but not tribal members in their capacities as allottees71 shall execute a waiver and release of-- 7,a7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 relating to claims for water rights within the ,state that the ,united ,states1 acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including a ,state stream adjudication1 except to the extent that such rights are recognized as a tribal water right2 7,b7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 relating to-- 7i7 damages1 losses1 or injuries to water1 water rights1 land1 or natural resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights1 claims relating to interference with1 diversion of1 or taking of water1 and claims relating to failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 within the ,state that first accrued at any time on or before the enforceability date2 or 7ii7 the failure to establish or provide a municipal rural or industrial water delivery system on the ,reservation2 7,c7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 relating to the pending litigation of claims relating to the water rights of the ,tribe in the ,state2 7,d7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 relating to the negotiation1 execution1 or the adoption of the ,compact 7including exhibits7 and this ,act2 7,e7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 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 ,st4 ,mary ,unit2 7,f7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 that first accrued at any time on or before the enforceability date relating to-- 7i7 the construction1 operation1 or maintenance of the ,st4 ,mary ,unit2 or 7ii7 on completion of the ,swift ,current ,creek ,bank stabilization project1 the management of flows in ,swift ,current ,creek1 including the diversion of ,swift ,current ,creek into ,lower ,st4 ,mary's ,lake2 7,g7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 that first accrued at any time on or before the enforceability date relating to the construction1 operation1 or management of ,lower ,two ,medicine ,dam and ,reservoir and ,four ,horns ,dam and ,reservoir2 and 7,h7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 that first accrued at any time on or before the enforceability date relating to the allocation of water of the ,milk ,river 7including tributaries7 or the ,st4 ,mary ,river 7including tributaries7 between the ,united ,states and ,canada pursuant to the ,international ,boundary ,waters ,treaty of #aiji 7#cf ,stat4 #bddh74 7b7 ,effectiveness of waivers and releases ,the waivers under subsection 7a7 shall take effect on the enforceability date4 7c7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases under this section1 the ,tribe1 on behalf of itself and the members of the ,tribe1 and the ,united ,states1 acting as trustee for the ,tribe and allottees1 retain-- 7#a7 all claims for enforcement of the ,compact1 any final decree1 or this ,act2 7#b7 all rights to use and protect water rights acquired after the date of enactment of this ,act2 7#c7 all claims relating to activities affecting the quality of water1 including any claims of the ,tribe under-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 including claims for damages to natural resources2 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,d7 any regulations promulgated pursuant to an ,act described in subparagraph 7,a71 7,b71 or 7,c72 7#d7 all claims relating to damages1 losses1 or injuries to land or natural resources not due to loss of water or water rights 7including hunting1 fishing1 gathering1 or cultural rights72 7#e7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this ,act or the ,compact2 7#f7 all claims for rights retained under the agreement dated ,september #ai1 #ahie1 and ratified on ,june #aj1 #ahif 7#bi ,stat4 #cba1 chapter #cih71 filed by the ,united ,states on behalf of the ,tribe in-- 7,a7 ,glacier ,national ,park1 as described in the document entitled ,more ,definite ,statement of ,claims1 dated ,november #ad1 #aiig2 or 7,b7 the case styled ,matter of the ,adjudication of the ,existing and ,reserved ,rights to the ,use of ,water1 ,both ,surface and ,underground1 of the ,blackfeet ,tribe of the ,blackfeet ,reservation ,within the ,state of ,montana1 ,civil ,no4 ,,wc#ia-a2 7#g7 the water rights of the ,tribe1 whether adjudicated or unadjudicated2 7#h7 the authority of the ,tribe to use and protect such water rights2 and 7#i7 any claim for damages for loss of water resources allegedly caused by a failure to establish1 acquire1 enforce1 or protect such water rights4 7d7 ,effect of ,compact and ,act ,nothing in the ,compact or this ,act-- 7#a7 affects the ability of the ,united ,states to take actions authorized by law1 including any laws relating to health1 safety1 or the environment1 including-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,d7 any regulations promulgated pursuant to an ,act described in subparagraph 7,a71 7,b71 or 7,c72 7#b7 affects the ability of the ,united ,states to act as trustee for any other ,indian tribe or allottee of any other ,indian tribe2 7#c7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law relating to health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or other parties pursuant to such a ,federal law2 or 7,c7 to conduct judicial review of any ,federal agency action2 7#d7 waives any claim of a member of the ,tribe in an individual capacity that does not derive from a right of the ,tribe2 7#e7 revives any claim waived by the ,tribe in the case styled ,blackfeet ,tribe v4 ,united ,states1 ,no4 #jb-abg,l 7,fed4 ,cl4 #bjab72 or 7#f7 revives any claim released by an allottee or a member of the ,tribe in the settlement for the case styled ,cobell v4 ,salazar1 ,no4 #a3if;,,cv#jabhe-;,,jr 7,d4,d4,c4 #bjab74 7e7 ,enforceability date ,the enforceability date shall be the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 7,a7 the ,montana ,water ,court has issued a final judgment and decree approving the ,compact2 or 7,b7 if the ,montana ,water ,court is found to lack jurisdiction1 the ,united ,states district court of competent jurisdiction has approved the ,compact as a consent decree1 and the approval is final2 7#b7 all amounts authorized to be appropriated under section #ag7k7 have been appropriated2 7#c7 the ,tribe has executed the agreements with the ,secretary required by sections #e7;b71 #f7;e71 #h7;c71 and #ad7;a72 7#d7 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 ,act2 7#e7 7,a7 the ,tribe has ratified the ,compact by submitting this ,act and the ,compact to a vote by the tribal membership for approval or disapproval2 and 7,b7 the ,tribal membership has voted to approve this ,act and the ,compact by a majority of votes cast on the day of the vote1 as certified by the ,secretary and the ,tribe2 7#f7 the ,secretary has fulfilled the requirements of section #h7;a72 7#g7 the ,tribe has enacted a tribal water code pursuant to section #af7;f72 7#h7 the waivers and releases described subsection 7a7 have been executed by the ,tribe and the ,secretary2 and 7#i7 the ,secretary has fulfilled the requirements of section #ae7;b74 7f7 ,tolling of claims 7#a7 ,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 ,secretary4 7#b7 ,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 ,act4 7g7 ,expiration and tolling ,if all appropriations authorized by this ,act have not been made available to the ,secretary by ,january #ae1 #bjah-- 7#a7 the waivers and releases described in this section shall expire and be of no further force or effect2 and 7#b7 all statutes of limitations applicable to any claim otherwise waived shall be tolled until ,january #ae1 #bjah4 7h7 ,voiding of waivers ,if the waivers pursuant to this section are void under subsection 7g7-- 7#a7 the approval of the ,compact under section #ae shall no longer be effective2 7#b7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this ,act1 together with any interest earned on those funds1 any water rights or contracts to use water1 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 ,act1 shall be returned to the ,federal ,government1 unless otherwise agreed to by the ,tribe and the ,united ,states and approved by ,congress2 and 7#c7 except for ,federal funds used to acquire or develop property that is returned to the ,federal ,government under paragraph 7#b71 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 withdrawn1 together with any interest accrued1 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 ,tribe4 #bj4 ,satisfaction of claims 7a7 ,tribal claims ,the benefits realized by the ,tribe under this ,act shall be in complete replacement of1 complete substitution for1 and complete satisfaction of all claims of the ,tribe against the ,united ,states under paragraphs 7#a7 and 7#c7 of section #ai7;a74 7b7 ,allottee claims ,the benefits realized by the allottees under this ,act shall be in complete replacement of1 in complete substitution for1 and in complete satisfaction of-- 7#a7 all claims waived and released under section #ai2 and 7#b7 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 #ai4 #ba4 ,miscellaneous provisions 7a7 ,waiver of sovereign immunity ,except as provided in subsections 7a7 through 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff71 nothing in this ,act waives the sovereign immunity of the ,united ,states4 7b7 ,other tribes not adversely affected ,nothing in this ,act quantifies or diminishes any land or water right1 or any claim or entitlement to land or water1 of an ,indian tribe1 band1 or community other than the ,tribe4 7c7 ,limitation on claims for reimbursement ,with respect to ,indian-owned land located within the ,reservation-- 7#a7 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 ,compact2 and 7#b7 no assessment of such land shall be made regarding that cost4 7d7 ,limitation on liability of ,united ,states ,the ,united ,states has no obligation-- 7#a7 to monitor1 administer1 or account for1 in any manner1 any funds provided to the ,tribe by any party to the ,compact2 or 7#b7 to review or approve any expenditure of those funds4 7e7 ,effect on current law ,nothing in this section affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this ,act with respect to preenforcement review of any ,federal environmental enforcement action4 7f7 ,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 law1 including-- 7#a7 the ,reclamation ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdja et seq472 and 7#b7 the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #iia74 7g7 ,irrigation efficiency in ,upper ,birch ,creek drainage ,any activity carried out by the ,tribe in the ,upper ,birch ,creek ,drainage 7as defined in article ,,ii4#ej of the ,compact7 using funds made available to carry out this ,act shall achieve an irrigation efficiency of not less than #ej percent4 7h7 ,birch ,creek ,agreement approval ,the ,birch ,creek ,agreement entered into between the ,tribe and the ,state on ,january #ca1 #bjjh 7including any amendments executed in accordance with this ,act to make the ,agreement consistent with this ,act71 is approved to the extent that the ,birch ,creek ,agreement requires approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg74 #bb4 ,repeal on failure to meet enforceability date ,if the ,secretary fails to publish a statement of findings under section #ai7;e7 by not later than ,january #ae1 #bjah1 or such alternative later date as is agreed to by the ,tribe and the ,secretary1 after reasonable notice to the ,state1 as applicable-- 7#a7 this ,act is repealed effective on the later of-- 7,a7 ,january #ae1 #bjah2 and 7,b7 the day after such alternative later date as is agreed to by the ,tribe and the ,secretary2 7#b7 any action taken by the ,secretary and any contract or agreement entered into pursuant to this ,act shall be void2 7#c7 any amounts made available under section #ag7k71 together with any interest on those amounts1 shall immediately revert to the general fund of the ,treasury2 7#d7 any amounts made available under section #ag7k7 that remain unexpended shall immediately revert to the general fund of the ,treasury2 and 7#e7 the ,united ,states shall be entitled to offset against any claims asserted by the ,tribe against the ,united ,states relating to water rights-- 7,a7 any funds expended or withdrawn from the amounts made available pursuant to this ,act2 and 7,b7 any funds made available to carry out the activities authorized by this ,act from other authorized sources4 #bc4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this ,act 7including any obligation or activity under the ,compact7 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this ,act in-- 7#a7 the ,reclamation ,water ,settlements ,fund established under section #ajeja7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7;a772 or 7#b7 the ,emergency ,fund for ,indian ,safety and ,health established by section #fja7;a7 of the ,tom ,lantos and ,henry ,j4 ,hyde ,united ,states ,global ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,reauthorization ,act of #bjjh 7#be ,u4,s4,c4 #ddc;c7a774