,,ii #aadth ,,congress #b;d ,session ,s4 #cjac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bf1 #bjaf ,mr4 ,tester 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 ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,indian ,reservation1 the ,state of ,montana1 and the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,salish and ,kootenai ,water ,rights ,settlement ,act of #bjaf4 #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 ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,indian ,reservation2 and 7,b7 the ,united ,states1 for the benefit of the ,tribes and allottees2 7#b7 to authorize1 ratify1 confirm1 and provide funding for the ,compact1 to the extent that the ,compact is consistent with this ,act2 7#c7 to authorize and direct the ,secretary of the ,interior-- 7,a7 to execute the ,compact2 and 7,b7 to take any other action 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 ,agriculture ,development ,account ,the term ,agriculture ,development ,account means the ,selis-,qlispe ,ksanka ,agriculture ,development ,account established under section #i7;b77#a74 7#b7 ,allottee ,the term allottee means an individual who holds a beneficial real property interest in ,indian land that is-- 7,a7 located within the ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#c7 ,commissioner ,the term ,commissioner means the ,commissioner of ,reclamation4 7#d7 ,community ,development ,account ,the term ,community ,development ,account means the ,selis-,qlispe ,ksanka ,community ,development ,account established under section #i7;b77#c74 7#e7 ,compact 7,a7 ,in general ,the term ,compact means the water rights settlement entered into by the ,tribes1 the ,state1 and the ,united ,states1 as contained in part #ai of chapter #bj of title #he1 ,montana ,code ,annotated 7#bjae74 7,b7 ,inclusions ,the term ,compact includes any appendix1 exhibit1 or amendment 7including any amendment to an appendix or exhibit7 to the ,compact that is executed in accordance with this ,act4 7#f7 ,compact ,fund ,the term ,compact ,fund means the ,salish and ,kootenai ,compact ,fund established by section #aj7;a74 7#g7 ,compact ,implementation ,account ,the term ,compact ,implementation ,account means the ,compact ,implementation ,account established under section #aj7;b77#a74 7#h7 ,economic ,development ,account ,the term ,economic ,development ,account means the ,selis-,qlispe ,ksanka ,economic ,development ,account established under section #i7;b77#b74 7#i7 ,enforceability date ,the term enforceability date means the date described in section #ab7;b74 7#aj7 ,flathead ,indian irrigation project 7,a7 ,in general ,the term ,flathead ,indian irrigation project means the irrigation project developed by the ,united ,states to irrigate land within the ,reservation pursuant to-- 7i7 the ,act of ,april #bc1 #aijd 7#cc ,stat4 #cjb1 chapter #adie72 and 7ii7 the ,act of ,may #bi1 #aijh 7#ce ,stat4 #ddd1 chapter #baf74 7,b7 ,inclusions ,the term ,flathead ,indian irrigation project includes-- 7i7 all land and any reservoir1 easement1 right-of-way1 canal1 ditch1 lateral1 and any other facility of the ,flathead ,indian irrigation project 7whether located on or off the ,reservation72 and 7ii7 any headgate1 pipeline1 pump1 building1 heavy equipment1 vehicle1 supplies1 record1 copy of a record1 and any other physical1 tangible object 7whether of real or personal property7 used in the management and operation of the ,flathead ,indian irrigation project4 7#aa7 ,flathead ,indian ,irrigation ,project ,account ,the term ,flathead ,indian ,irrigation ,project ,account means the ,flathead ,indian ,irrigation ,project ,account established under section #aj7;b77#b74 7#ab7 ,hungry ,horse ,dam ,the term ,hungry ,horse ,dam means the dam that is a part of the ,hungry ,horse ,project4 7#ac7 ,hungry ,horse ,project ,the term ,hungry ,horse ,project means that project authorized to be carried out by the ,secretary under the ,act of ,june #e1 #aidd 7#eh ,stat4 #bgj1 chapter #bcd2 #dc ,u4,s4,c4 #eic;a et seq474 7#ad7 ,hungry ,horse ,reservoir ,the term ,hungry ,horse ,reservoir means the reservoir that is a part of the ,hungry ,horse ,project4 7#ae7 ,indian land ,the term ,indian land means land owned by an ,indian tribe or a member of an ,indian tribe4 7#af7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#ag7 ,law of administration ,the term law of administration means the ,unitary ,administration and ,management ,ordinance described in the ,compact4 7#ah7 ,reservation 7,a7 ,in general ,the term ,reservation means all land within the exterior boundaries of the ,indian reservation established under the ,treaty between the ,united ,states and the ,flathead1 ,kootenay1 and ,upper ,pend d',oreilles ,indians1 concluded at ,hell ,gate ,july #af1 #ahee 7#ab ,stat4 #ige71 notwithstanding the issuance of any patent on the ,reservation4 7,b7 ,inclusions ,the term ,reservation includes any right-of-way through the ,reservation4 7#ai7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#bj7 ,state ,the term ,state means the ,state of ,montana4 7#ba7 ,tribal water right ,the term tribal water right means the water right of the ,tribes as set forth in the ,compact4 7#bb7 ,tribes 7,a7 ,in general ,the term ,tribes means the ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,reservation of ,montana4 7,b7 ,inclusions ,the term ,tribes includes all officers1 agencies1 and departments of the ,tribes4 7#bc7 ,trust ,fund ,the term ,trust ,fund means the ,selis-,qlispe ,ksanka ,settlement ,trust ,fund established by section #i7;a74 #d4 ,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 to the ,compact 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 and all exhibits and appendices 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 ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,compact and this ,act1 the ,secretary shall comply with each applicable provision of-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 any other applicable environmental law4 7#b7 ,effect of execution 7,a7 ,in general ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,compliance ,the ,secretary shall carry out any ,federal compliance activity necessary to implement the ,compact and this ,act4 #e4 ,tribal water right 7a7 ,intent of ,congress ,it is the intent of ,congress to provide to each allottee benefits that are equal to1 or greater than1 the benefits the allottee possesses 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 right2 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 the allottees4 7b7 ,confirmation of tribal water right 7#a7 ,in general ,the tribal water right is ratified1 confirmed1 and declared to be valid4 7#b7 ,use ,any use of the tribal water right shall be subject to the terms and conditions of the ,compact and this ,act4 7#c7 ,conflict ,in the event of a conflict between the ,compact and this ,act1 this ,act shall control4 7c7 ,trust status of tribal water right ,the tribal water right-- 7#a7 shall be held in trust by the ,united ,states for the use and benefit of the ,tribes and allottees in accordance with this ,act2 and 7#b7 shall not be subject to loss through nonuse1 forfeiture or abandonment1 or other operation of law4 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 right4 7#b7 ,entitlement to water ,any entitlement to water of an allottee under ,federal law shall be satisfied from the tribal water right4 7#c7 ,allocations ,each allottee shall be entitled to a just and equitable allocation of irrigation 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 law of administration4 7,b7 ,action for relief ,after the exhaustion of all remedies available under the law of administration1 an allottee may seek relief under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or any other applicable law4 7#e7 ,authority ,the ,secretary shall have the authority to protect the rights of allottees described in this section4 7e7 ,authority of tribes 7#a7 ,in general ,the ,tribes shall have the authority to allocate1 distribute1 and lease the tribal water right for any use on the ,reservation in accordance with the ,compact1 the law of administration1 this ,act1 and applicable ,federal law4 7#b7 ,off-reservation use ,the ,tribes may allocate1 distribute1 and lease the tribal water right for off-,reservation use in accordance with the ,compact1 subject to the approval of the ,secretary4 7f7 ,law of administration 7#a7 ,in general ,during the period beginning on the date of enactment of this ,act and ending on the date on which the law of administration becomes effective on the ,reservation1 the ,secretary shall administer1 with respect to the rights of the allottees1 the tribal water right in accordance with this ,act4 7#b7 ,approval ,the ,secretary shall approve-- 7,a7 the law of administration not later than #ahj days after the date of ratification of the law of administration by the ,tribes and the ,state2 and 7,b7 each amendment to the law of administration affecting a right of an allottee1 to the extent it is consistent with this ,act1 not later than #ahj days after the date of ratification of the amendment by the ,tribes and the ,state4 7#c7 ,extension ,any deadline described in paragraph 7#b7 may be extended by the ,secretary1 subject to the approval of the ,tribes4 7g7 ,administration 7#a7 ,alienation ,the ,tribes shall not permanently alienate any portion of the tribal water right4 7#b7 ,purchases or grants of land from ,indians ,the authorization provided by this ,act for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this ,act shall be considered to satisfy any requirement for authorization of the action by treaty or convention under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg74 7#c7 ,prohibition on forfeiture ,the nonuse of all or any portion of the tribal water right by a lessee or contractor shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of all or any portion of the tribal water right4 #f4 ,storage allocation from ,hungry ,horse ,reservoir 7a7 ,storage allocation to tribes ,subject to subsection 7b77#d71 the ,secretary shall allocate to the ,tribes #ij1jjj acre-feet per year1 as measured at the ,hungry ,horse ,dam1 of storage water in ,hungry ,horse ,reservoir for use by the ,tribes for any beneficial purpose on or off the ,reservation4 7b7 ,treatment 7#a7 ,in general ,the allocation 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 ,tribes under subsection 7a7 shall be ,july #af1 #ahee4 7#c7 ,administration ,the ,tribes shall administer the water allocated under subsection 7a7 in accordance with the ,compact and this ,act4 7#d7 ,limitations 7,a7 ,in general ,the allocation under subsection 7a7 shall be limited in accordance with the report of the ,state entitled ,biological ,impact ,evaluation and ,operational ,constraints for a ,proposed #ij1jjj ,acre-,foot ,withdrawal1 dated ,september #ad1 #bjaa1 and attached to the ,compact as ,appendix #h4 7,b7 ,amendments 7i7 ,in general ,the ,united ,states1 the ,tribes1 and the ,state1 on mutual written agreement and in accordance with any applicable law 7including the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq4771 may amend the ,biological ,impact ,evaluation ,constraints identified in the report described in subparagraph 7,a74 7ii7 ,treatment ,any amendment under clause 7i7 shall be considered an amendment pursuant to1 and not an amendment of1 this ,act or the ,compact4 7c7 ,allocation agreement 7#a7 ,in general ,as a condition of receiving the allocation under subsection 7a71 the ,tribes 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 establishing that-- 7,a7 the agreement shall be without a limit as to a term2 7,b7 the ,tribes1 and not the ,united ,states1 shall be entitled to all consideration due to the ,tribes under any lease1 contract1 or agreement entered into by the ,tribes 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 ,tribes as consideration under any lease1 contract1 or agreement entered into by the ,tribes pursuant to subsection 7d72 or 7ii7 the expenditure of those funds2 7,d7 if the capacity or function of any facility of ,hungry ,horse ,reservoir or ,hungry ,horse ,dam is significantly reduced1 or is anticipated to be significantly reduced1 for an extended period of time1 the ,tribes shall have the same storage rights as other storage contractors with respect to the allocation under subsection 7a72 7,e7 the costs associated with the construction and operation of the storage facilities at ,hungry ,horse ,reservoir and ,hungry ,horse ,dam allocable to the ,tribes shall be nonreimbursable2 7,f7 no water service capital charge shall be due or payable for any water allocated under subsection 7a7 or the allocation agreement1 regardless of whether that water is delivered for use by the ,tribes or under a lease1 contract1 or by an agreement entered into by the ,tribes pursuant to subsection 7d72 and 7,g7 the ,tribes shall not be required to make payments to the ,united ,states for any water allocated under subsection 7a7 or the agreement4 7d7 ,agreements by tribes ,the ,tribes may use1 lease1 contract1 exchange1 or enter into one or more other agreements for use of the water allocated under subsection 7a7 if-- 7#a7 the water that is the subject of the agreement is used within the ,flathead ,basin or ,clark ,fork ,basin within the ,state2 and 7#b7 the agreement does not permanently alienate any portion of the water allocated under subsection 7a74 7e7 ,mitigation water ,the ,tribes shall1 in accordance with the ,compact1 make available not more than #aa1jjj acre-feet per year of the water allocated under subsection 7a7 to the ,state for mitigation of future and existing growth outside the boundaries of the ,reservation4 7f7 ,no carryover storage ,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 any water allocated under subsection 7a74 7h7 ,new uses ,except as provided in ,article ,,iii4,c4#a4;c of the ,compact1 the ,tribes shall not develop any new use for the allocation under subsection 7a7 until the date on which the agreement entered into under subsection 7c7 takes effect4 7i7 ,state water rights ,with respect to any water right arising under the law of the ,state in the ,hungry ,horse ,reservoir owned or acquired by the ,tribes1 the ,tribes-- 7#a7 may continue any use in existence on the date of enactment of this ,act2 and 7#b7 shall not change any use until the date on which the agreement is entered into under subsection 7c74 7j7 ,effective date ,the allocation under subsection 7a7 takes effect on the enforceability date4 #g4 ,hydropower 7a7 ,bureau of reclamation jurisdiction ,the ,commissioner shall have exclusive jurisdiction to authorize the development of any hydroelectric power generation project within the ,reservation4 7b7 ,exclusive right of the tribes ,notwithstanding any other provision of law1 the ,tribes shall have the exclusive right to develop and market any hydroelectric power generation project on bodies of water within the ,reservation4 7c7 ,bureau of reclamation cooperation ,the ,commissioner shall cooperate with the ,tribes in the development of any hydroelectric power generation project under this section4 7d7 ,agreement ,before construction of a hydroelectric power generation project under this section1 the ,tribes shall enter into an agreement with the ,commissioner that includes provisions-- 7#a7 requiring that-- 7,a7 the design1 construction1 and operation of the hydroelectric power generation project shall be consistent with the ,bureau of ,reclamation guidelines and methods for hydroelectric power development at ,bureau of ,reclamation facilities1 as appropriate2 and 7,b7 the hydroelectric power generation project will not impair the efficiencies of any ,bureau of ,indian ,affairs or ,bureau of ,reclamation project for authorized purposes2 7#b7 regarding construction and operating criteria and emergency procedures2 and 7#c7 under which any modification proposed by the ,tribes to a facility owned by the ,bureau of ,indian ,affairs or the ,bureau of ,reclamation shall be subject to review and approval by the ,secretary1 acting through the ,commissioner1 in coordination with the ,director of the ,bureau of ,indian ,affairs if applicable4 7e7 ,use of hydroelectric power by ,tribes ,any hydroelectric power generated in accordance with this section shall be used or marketed by the ,tribes4 7f7 ,revenues ,the ,tribes shall collect and retain any revenue from the sale of hydroelectric power generated by a hydroelectric power generation project under this section4 7g7 ,liability of ,united ,states ,the ,united ,states shall have no obligation to monitor1 administer1 or account for-- 7#a7 any revenue received by the ,tribes under this section2 or 7#b7 the expenditure of that revenue4 #h4 ,irrigation activities 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 acting through the ,commissioner1 shall1 in accordance with subsection 7b71 carry out the following activities relating to the ,flathead ,indian irrigation project3 7#a7 ,rehabilitation 7,a7 ,in general ,rehabilitation of structures1 canals1 and pumping facilities1 including dam safety improvements1 irrigation facility upgrades that improve water management and operational control at irrigation diversion works1 and irrigation facility upgrades to reduce losses in conveyance of water from irrigation sources of supply to irrigation points of use4 7,b7 ,rehabilitation activities ,rehabilitation activities under subparagraph 7,a7 include reconstruction1 replacement1 and automation at irrigation diversion works1 lining of open canals1 and placement of open canals in pipe4 7#b7 ,modernization ,modernization1 including the planning1 design1 and construction of additional pumping facilities and operational improvements to infrastructure within the distribution network of the ,flathead ,indian irrigation project4 7#c7 ,mitigation1 reclamation1 and restoration ,mitigation1 reclamation1 and restoration of streams1 wetlands1 banks1 slopes1 and wasteways within1 appurtenant to1 or affected by the ,flathead ,indian irrigation project4 7#d7 ,acquisition of interests ,acquisition1 in accordance with subsection 7e71 of easements or other interests in real property necessary to carry out any activity under this section4 7#e7 ,lead agency ,the ,bureau of ,reclamation shall serve as the lead agency with respect to any activity carried out under this section4 7b7 ,scope of ,bureau of ,reclamation activities 7#a7 ,rehabilitation activities 7,a7 ,in general ,subject to the conditions described in subparagraph 7,b71 the scope of a rehabilitation activity under subsection 7a77#a7 shall be as generally described in-- 7i7 the document entitled ,engineering ,evaluation and ,condition ,assessment3 ,flathead ,indian ,irrigation ,project1 prepared by ,,hkm ,engineering for the ,bureau of ,indian ,affairs1 ,division of ,irrigation1 ,power1 and ,safety of ,dams1 and dated ,march #bjjh2 and 7ii7 the document entitled ,update ,engineering ,evaluation of ,existing ,conditions3 ,flathead ,agency ,irrigation ,division 7,,faid71 prepared by ,,hkm ,engineering for the ,confederated ,salish and ,kootenai ,tribes1 and dated ,july #bjje4 7,b7 ,conditions ,the conditions referred to in subparagraph 7,a7 are that1 before carrying out the activity1 the ,secretary shall-- 7i7 review the design of the proposed activity2 7ii7 perform value engineering analyses relating to the proposed activity2 and 7iii7 perform appropriate ,federal environmental compliance activities relating to the proposed activity4 7#b7 ,modernization activities 7,a7 ,in general ,subject to the conditions described in subparagraph 7,b71 the scope of a modernization activity under subsection 7a77#b7 shall be as generally described in-- 7i7 the document entitled ,flathead ,indian ,irrigation ,project ,modernization ,plan and prepared for the ,bureau of ,indian ,affairs ,division of ,water2 and 7ii7 the document entitled ,power by ,irrigation ,technology ,research ,center at the ,department of ,agricultural ,engineering at ,california ,polytechnic ,state ,university4 7,b7 ,conditions ,the conditions referred to in subparagraph 7,a7 are that1 before carrying out the activity1 the ,secretary shall-- 7i7 review the design of the proposed activity2 7ii7 perform value engineering analyses relating to the proposed activity2 and 7iii7 perform appropriate ,federal environmental compliance activities relating to the proposed activity4 7#c7 ,mitigation1 reclamation1 and restoration activities 7,a7 ,in general ,subject to the conditions described in subparagraph 7,b71 the scope of a mitigation1 reclamation1 and restoration activity under subsection 7a77#c7 shall be as generally described in the document entitled ,final ,biological ,assessment for ,operation and ,maintenance of the ,flathead ,indian ,irrigation ,project1 ,including ,transfer1 prepared by the ,united ,states ,department of the ,interior1 ,bureau of ,indian ,affairs1 and dated ,january #bjjh4 7,b7 ,conditions ,the conditions referred to in subparagraph 7,a7 are that1 before carrying out the activity1 the ,secretary shall-- 7i7 plan and design the activity2 7ii7 perform value engineering analyses relating to the activity2 and 7iii7 perform appropriate ,federal environmental compliance activities relating to the activity4 7#d7 ,negotiation with tribes ,after reviewing the design of a proposed activity under paragraphs 7#a77;,b77i71 7#b77;,b77i71 and 7#c77;,b77i7 and before carrying out the activity1 the ,secretary shall negotiate with the ,tribes appropriate changes to the final design of the activity to ensure that the final design complies with applicable-- 7,a7 industry standards2 and 7,b7 tribal natural resources management plans4 7c7 ,funding 7#a7 ,in general ,the total amount of obligations incurred by the ,secretary in carrying out this section shall not exceed #a1eai1djh1jjj1 of which-- 7,a7 #dga1jga1jjj shall be allocated to carry out the activities under subsection 7a77#a72 7,b7 #cgg1ija1jjj shall be allocated to carry out the activities under subsection 7a77#b72 and 7,c7 #fgj1dcf1jjj shall be allocated to carry out the activities under subsection 7a77#c74 7#b7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7#c7 ,non-,federal contribution ,no part of an activity under paragraph 7#a7 or 7#b7 of subsection 7a7 shall be commenced until the ,state has made available #ee1jjj1jjj to carry out those activities4 7#d7 ,administration 7,a7 ,in general ,subject to subparagraph 7,b71 the ,commissioner and the ,tribes shall negotiate the cost of any oversight activity carried out by the ,bureau of ,reclamation under any agreement entered into under subsection 7g74 7,b7 ,limitation on cost ,the total cost described in subparagraph 7,a7 shall not exceed #c percent of the total project costs for each project4 7#e7 ,project efficiencies ,if the total cost of planning1 design1 and construction activities of the ,flathead ,indian irrigation project described in subsection 7a7 results in cost savings and is less than the amounts authorized to be obligated1 the ,secretary1 on request of the ,tribes1 may transfer an amount equal to those cost savings to one or more accounts established under section #aj7;b74 7d7 ,operation and maintenance agreement ,the ,secretary1 acting through the ,director of the ,bureau of ,indian ,affairs1 shall enter into an agreement with the ,tribes for the operation and maintenance of the ,flathead ,indian irrigation project in accordance with applicable law1 including section #g of the ,act of ,february #h1 #ahhg 7#bd ,stat4 #cij1 chapter #aai2 #be ,u4,s4,c4 #cha74 7e7 ,easements and rights-of-,way 7#a7 ,tribal easements and rights-of-way 7,a7 ,in general ,on request of the ,secretary1 as a condition of receiving benefits under this section1 the ,tribes shall grant1 at no cost to the ,united ,states1 such easements and rights-of-way over the land of the ,tribes as are necessary for construction relating to activities under subsection 7a74 7,b7 ,jurisdiction ,an easement or right-of-way granted by the ,tribes under subparagraph 7,a7 shall not affect in any respect the civil or criminal jurisdiction of the ,tribes over the easement or right-of-way4 7#b7 ,landowner easements and rights-of-way ,in partial consideration for construction relating to activities under subsection 7a7 and as a condition of receiving service from the ,flathead ,indian irrigation project or the ,mission ,valley ,power ,project1 a landowner shall grant1 at no cost to the ,united ,states or the ,tribes1 such easements and rights-of-way over the land of the landowner as are necessary for the construction1 rehabilitation1 operation1 and maintenance of the ,flathead ,indian irrigation project or the ,mission ,valley ,power ,project4 7f7 ,land acquired by the united states or the tribes ,any land acquired within the ,reservation by the ,united ,states or the ,tribes relating to construction relating to activities under subsection 7a7 shall be held in trust by the ,united ,states for the benefit of the ,tribes4 7g7 ,agreements under ,,isdeaa ,on request of the ,tribes1 the ,secretary shall enter into one or more agreements with the ,tribes in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq47 to carry out this section4 7h7 ,effect ,nothing in this section-- 7#a7 alters any applicable law under which the ,bureau of ,indian ,affairs collects assessments or carries out the operation and maintenance of the ,flathead ,indian irrigation project2 or 7#b7 affects the availability of amounts made available under section #i7m7 or #aj7;f74 #i4 ,selis-,qlispe ,ksanka ,settlement ,trust ,fund 7a7 ,establishment 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,selis-,qlispe ,ksanka ,settlement ,trust ,fund to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 for the purpose of carrying out this ,act4 7#b7 ,composition ,the ,trust ,fund shall consist of the amounts deposited in the ,trust ,fund under subsection 7c71 together with any interest earned on those amounts4 7b7 ,accounts ,the ,secretary shall establish in the ,trust ,fund the following accounts3 7#a7 ,agriculture ,development ,account ,the ,selis-,qlispe ,ksanka ,agriculture ,development ,account4 7#b7 ,economic ,development ,account ,the ,selis-,qlispe ,ksanka ,economic ,development ,account4 7#c7 ,community ,development ,account ,the ,selis-,qlispe ,ksanka ,community ,development ,account4 7c7 ,deposits ,the ,secretary shall deposit in the ,trust ,fund-- 7#a7 in the ,agriculture ,development ,account1 the amount made available pursuant to subsection 7m77#a77;,a72 7#b7 in the ,economic ,development ,account1 the amount made available pursuant to subsection 7m77#a77;,b72 and 7#c7 in the ,community ,development ,account1 the amount made available pursuant to subsection 7m77#a77;,c74 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 ,act of ,april #a1 #ahhj 7#ba ,stat4 #gj1 chapter #da2 #be ,u4,s4,c4 #afa72 7#b7 the first section of the ,act of ,june #bd1 #aich 7#eb ,stat4 #ajcg1 chapter #fdh2 #be ,u4,s4,c4 #afb;a72 7#c7 obligations of ,federal corporations and ,federal ,government-sponsored entities1 the charter documents of which provide that the obligations of the entities are lawful investments for federally managed funds1 including-- 7,a7 obligations of the ,united ,states ,postal ,service described in section #bjje of title #ci1 ,united ,states ,code2 7,b7 bonds and other obligations of the ,tennessee ,valley ,authority described in section #ae;d of the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hcan-#d72 7,c7 mortgages1 obligations1 or other securities of the ,federal ,home ,loan ,mortgage ,corporation described in section #cjc of the ,federal ,home ,loan ,mortgage ,corporation ,act 7#ab ,u4,s4,c4 #adeb72 and 7,d7 bonds1 notes1 or debentures of the ,commodity ,credit ,corporation described in section #d of the ,act of ,march #h1 #aich 7#ae ,u4,s4,c4 #gac;a-#d72 7#d7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7#e7 this section4 7e7 ,credits to accounts ,the interest on1 and the proceeds from1 the sale or redemption of any obligations held in an account under the ,trust ,fund shall be credited to1 and form a part of1 that account4 7f7 ,availability of amounts ,amounts appropriated to1 and deposited in1 the ,trust ,fund1 including any investment earnings1 shall be made available to the ,tribes by the ,secretary beginning on the enforceability date4 7g7 ,withdrawals under ,,aifrma 7#a7 ,in general ,the ,tribes may withdraw any portion of the funds in the ,trust ,fund on approval by the ,secretary of a tribal management plan submitted by the ,tribes 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 ,tribes spend all amounts withdrawn from the ,trust ,fund in accordance with this ,act4 7,b7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the ,tribes from the ,trust ,fund under this subsection are used in accordance with this ,act4 7h7 ,withdrawals under expenditure plan 7#a7 ,in general ,the ,tribes may submit to the ,secretary a request to withdraw funds from the ,trust ,fund in accordance with an expenditure plan approved under paragraph 7#d74 7#b7 ,requirements ,to be eligible to withdraw funds under an expenditure plan under paragraph 7#a71 the ,tribes shall submit to the ,secretary for approval an expenditure plan for any portion of the ,trust ,fund that the ,tribes elect to withdraw pursuant to this subsection1 subject to the condition that the funds shall be used for the purposes described in this ,act4 7#c7 ,inclusions ,an expenditure plan under this subsection 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 ,tribes1 in accordance with this subsection4 7#d7 ,approval 7,a7 ,in general ,on receipt of an expenditure plan under this subsection1 the ,secretary shall approve the plan not later than #ij days after the date of receipt1 if the ,secretary determines that the plan is-- 7i7 reasonable2 and 7ii7 consistent with1 and will be used for1 the purposes of this ,act4 7,b7 ,nonaction ,if the ,secretary does not approve or disapprove an expenditure plan under subparagraph 7,a7 not later than #ij days after the date of receipt1 the expenditure plan shall be considered to have been approved by the ,secretary4 7#e7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this ,act4 7i7 ,uses ,amounts from the ,trust ,fund shall be used by the ,tribes for the following purposes3 7#a7 ,agriculture ,development ,account ,the ,agriculture ,development ,account shall be used-- 7,a7 to implement the tribal water right through rehabilitation and improvement of agricultural ,indian land within the ,reservation2 7,b7 to construct and rehabilitate livestock fencing on ,indian land within the ,reservation2 7,c7 to mitigate and control noxious weeds on ,indian land within the ,reservation2 7,d7 to plan1 design1 and construct improvements to irrigation systems on ,indian land served by the ,flathead ,indian irrigation project2 7,e7 to plan1 design1 and construct irrigation facilities on ,indian land within the ,reservation that is not served by the ,flathead ,indian irrigation project2 and 7,f7 to install screens1 barriers1 passages1 or ladders to prevent fish entrainment in irrigation ditches and canals within the ,reservation4 7#b7 ,economic ,development ,account ,the ,economic ,development ,account shall be used-- 7,a7 to implement the tribal water right2 7,b7 to plan1 design1 construct1 operate1 maintain1 and replace community water distribution and wastewater treatment facilities on the ,reservation2 and 7,c7 to develop geothermal water resources on ,indian land within the ,reservation4 7#c7 ,community ,development ,account 7,a7 ,in general ,the ,community ,development ,account shall be used to develop and establish community services1 including education services and centers for native language and cultural education for children and adults on or near the ,reservation4 7,b7 ,distribution ,the ,community ,development ,account shall be distributed as follows3 7i7 ,subject to clause 7ii71 all interest earned on the account shall be distributed to the ,tribes annually4 7ii7 ,if the ,tribes withdraw all or a portion of the principal under subsection 7g7 or 7h7-- 7,i7 clause 7i7 shall not apply2 and 7,,ii7 the ,secretary shall distribute the interest earned on the account for that year as the ,secretary determines appropriate4 7j7 ,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 ,tribes under subsection 7g7 or 7h74 7k7 ,no per capita distributions ,no portion of the ,fund shall be distributed on a per capita basis to any member of the ,tribes4 7l7 ,deposit of funds ,on request by the ,tribes1 the ,secretary may transfer amounts from an account described in paragraph 7#a71 7#b71 or 7#c7 of subsection 7b7 to any other account the ,secretary determines to be appropriate4 7m7 ,authorization of appropriations 7#a7 ,in general ,subject to paragraph 7#b71 there are authorized to be appropriated to the ,secretary1 as adjusted on appropriation to reflect changes in the ,consumer ,price ,index for ,all ,urban ,consumers ,west ,urban #ej1jjj to #a1ejj1jjj index dated ,april #bjaj for the amount appropriated-- 7,a7 for deposit in the ,agriculture ,development ,account1 #cfe1bjg1bbe2 7,b7 for deposit in the ,economic ,development ,account1 #ic1fcc1eff2 and 7,c7 for deposit in the ,community ,development ,account1 #bcc1cfa1bjj4 7#b7 ,adjustments 7,a7 ,in general ,the adjustment of the amounts authorized to be appropriated pursuant to paragraph 7#a7 shall occur each time an amount is appropriated for an account and shall add to1 or subtract from1 as applicable1 the total amount authorized4 7,b7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7,c7 ,treatment ,the amount of an adjustment may be considered-- 7i7 to be authorized as of the date on which congressional action occurs2 and 7ii7 in determining the amount authorized to be appropriated4 #aj4 ,salish and ,kootenai ,compact ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a nontrust1 interest bearing account1 to be known as the ,salish and ,kootenai ,compact ,fund to be managed and distributed by the ,secretary1 for use by the ,secretary to carry out this ,act4 7b7 ,accounts ,the ,secretary shall establish in the ,compact ,fund the following accounts3 7#a7 ,the ,compact ,implementation ,account4 7#b7 ,the ,flathead ,indian ,irrigation ,project ,account4 7c7 ,deposits ,the ,secretary shall deposit in the ,compact ,fund-- 7#a7 in the ,compact ,implementation ,account1 the amount made available pursuant to subsection 7f77#a77;,a72 and 7#b7 in the ,flathead ,indian ,irrigation ,project ,account1 the amount made available pursuant to subsection 7f77#a77;,b74 7d7 ,uses ,amounts from the ,compact ,fund shall be used by the ,tribes for the following purposes3 7#a7 ,compact ,implementation ,account ,the ,compact ,implementation ,account shall be used in accordance with subsection 7e77#b7 and for administration1 implementation1 and management of the tribal water right and the regulation and administration of water rights within the ,reservation under this ,act1 the ,compact1 and the law of administration4 7#b7 ,flathead ,indian ,irrigation ,project ,account ,the ,flathead ,indian ,irrigation ,project ,account shall be used to carry out section #h4 7e7 ,management 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts in the ,compact ,implementation ,account shall be available to the ,secretary for expenditure beginning on the enforceability date4 7#b7 ,funding for tribal implementation activities ,notwithstanding paragraph 7#a71 subject to the availability of appropriations1 as soon as practicable after the date on which the ,tribes ratify the ,compact1 the ,secretary shall make available from the ,compact ,implementation ,account to the ,tribes to carry out this ,act #g1aid1dif4 7f7 ,authorization of appropriations 7#a7 ,in general ,subject to paragraph 7#b71 there are authorized to be appropriated to the ,secretary1 as adjusted on appropriation to reflect changes in the ,bureau of ,reclamation ,construction ,cost ,trends ,index dated ,april #bjaj for the amount appropriated-- 7,a7 for deposit in the ,compact ,implementation ,account1 #aaf1bji1bid2 and 7,b7 for deposit in the ,flathead ,indian ,irrigation ,project ,account1 #a1eai1djh1jjj4 7#b7 ,adjustments 7,a7 ,in general ,the adjustment of the amounts authorized to be appropriated pursuant to paragraph 7#a7 shall occur each time an amount is appropriated for an account and shall add to1 or subtract from1 as applicable1 the total amount authorized4 7,b7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7,c7 ,treatment ,the amount of an adjustment may be considered-- 7i7 to be authorized as of the date on which congressional action occurs2 and 7ii7 in determining the amount authorized to be appropriated4 #aa4 ,water rights in certain ,federal land 7a7 ,in general ,the instream flow water rights of the ,tribes in or adjacent to the land described subsection 7b71 as described in the ,compact1 are confirmed4 7b7 ,land described ,the land referred to in subsection 7a7 is-- 7#a7 ,bitterroot ,national ,forest2 7#b7 ,flathead ,national ,forest2 7#c7 ,kootenai ,national ,forest2 7#d7 ,lolo ,national ,forest2 and 7#e7 the ,national ,bison ,range ,complex and affiliated ,waterfowl ,production ,areas4 #ab4 ,waivers and releases of claims 7a7 ,in general 7#a7 ,claims by tribes and ,united ,states as trustee for tribes ,subject to the retention of water rights described in subsection 7c71 as consideration for recognition of the tribal water right and other benefits under the ,compact and this ,act1 the ,tribes1 on behalf of the ,tribes and members of the ,tribes 7except any member of the ,tribes in the capacity of the member as an allottee71 and the ,united ,states1 acting as trustee for the ,tribes and the members of the ,tribes 7except any member of the ,tribes in the capacity of the member as an allottee71 shall execute a waiver and release of all claims for water rights within the ,state that the ,tribes1 or the ,united ,states acting as trustee for the ,tribes1 asserted or could have asserted in any proceeding1 including a ,state stream adjudication1 on or before the enforceability date1 except to the extent that those rights are recognized in the ,compact and this ,act4 7#b7 ,claims by the ,united ,states as trustee for allottees ,subject to the retention of water rights described in subsection 7c71 as consideration for recognition of the tribal water right and other benefits under the ,compact and this ,act1 the ,united ,states1 acting as trustee for allottees1 may 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 those rights are recognized in the ,compact and this ,act4 7#c7 ,claims by tribes against the ,united ,states ,subject to the retention of water rights described in subsection 7c71 the ,tribes1 on behalf of the ,tribes and members of the ,tribes 7except any member of the ,tribes in the capacity of the member as an allottee71 shall execute a waiver and release of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7-- 7,a7 relating to-- 7i7 claims for water rights within the ,state that the ,united ,states1 acting as trustee for the ,tribes1 asserted or could have asserted in any proceeding1 including a stream adjudication in the ,state1 except to the extent that those rights are recognized as part of the tribal water right under this ,act2 7ii7 damage1 loss1 or injury 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 diversion1 or taking of water1 or claims relating to failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 within the ,state that first accrued on or before the enforceability date2 7iii7 failure to establish or provide a municipal1 rural1 or industrial water delivery system on the ,reservation2 7iv7 failure to provide-- 7,i7 for operation or maintenance1 or deferred maintenance1 for the ,flathead ,indian irrigation project or any other irrigation system or irrigation project2 or 7,,ii7 dam safety improvements to dams within the ,reservation2 7v7 the litigation of claims relating to the water rights of the ,tribes in the ,state2 or 7vi7 the negotiation1 execution1 or adoption of the ,compact or this ,act2 7,b7 reserved in subsections 7b7 through 7d7 of section #f of the settlement for the case styled ,nez ,perce ,tribe v4 ,salazar1 ,no4 #jf;cv#bbci,,tfh 7,d4,d4,c4 #bjab72 and 7,c7 that first accrued on or before the enforceability date arising from the taking or acquisition of the land of the ,tribes or resources for the construction of the features of the ,flathead ,indian irrigation project4 7b7 ,enforceability date ,the waivers under subsection 7a7 shall take effect on 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 has approved the ,compact as a consent decree and the approval is final2 7#b7 all amounts authorized to be appropriated under sections #i7m7 and #aj7;f7 have been appropriated2 7#c7 the ,secretary has fulfilled the requirements of section #e7;f77#b72 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 ,tribes under the ,compact and this ,act2 7#e7 the ,tribes have ratified the ,compact2 7#f7 the ,secretary has fulfilled the requirements of section #f7;a72 and 7#g7 the waivers and releases described in subsection 7a7 have been executed by the ,tribes and the ,secretary4 7c7 ,reservation of rights and retention of claims ,notwithstanding subsection 7a71 the ,tribes1 on behalf of the ,tribes and members of the ,tribes1 and the ,united ,states1 acting as trustee for the ,tribes and allottees1 retain-- 7#a7 all claims relating to-- 7,a7 enforcement of1 or claims accruing after the enforceability date relating to water rights recognized under1 the ,compact1 any final decree1 or this ,act2 and 7,b7 activities affecting the quality of water1 including any claims the ,tribes may have under-- 7i7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 including damages to natural resources2 7ii7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7iii7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act72 and 7iv7 any regulations implementing the ,acts described in clauses 7i7 through 7iii72 7#b7 all claims relating to damage caused by structures1 dams1 or facilities1 as a result of preexisting conditions1 while performing any activity under section #h2 7#c7 all rights to use and protect water rights acquired after the date of enactment of this ,act2 7#d7 all claims relating to damage1 loss1 or injury to land or natural resources that are not due to loss of water or water rights 7including hunting1 fishing1 gathering1 or cultural rights72 7#e7 all claims to title to land1 including title to land as a result of the movement of water bodies2 7#f7 all claims relating to failure to make productive use of any land created by the movement of water bodies to which the ,tribes has claimed title2 and 7#g7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released under this ,act or the ,compact4 7d7 ,effect of ,compact and ,act ,nothing in the ,compact or this ,act-- 7#a7 affects the ability of the ,united ,states1 acting as a sovereign1 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 seq47 7commonly referred to as the ,clean ,water ,act72 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 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 laws described in paragraph 7#a72 7,b7 to determine the duties of the ,united ,states or other parties under ,federal laws described in paragraph 7#a72 or 7,c7 to conduct judicial review of ,federal agency action2 7#d7 waives any claim of a member of the ,tribes in an individual capacity that does not derive from a right of the ,tribes2 7#e7 revives any claim waived by the ,tribes in the case styled ,nez ,perce ,tribe v4 ,salazar1 ,no4 #jf;cv#bbci,,tfh 7,d4,d4,c4 #bjab72 or 7#f7 revives any claim released by an allottee or a member of the ,tribes in the settlement for the case styled ,cobell v4 ,salazar1 ,no4 #a3if;,,cv#jabhe-;,,jr 7,d4,d4,c4 #bjab74 7e7 ,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 7f7 ,expiration ,if all appropriations authorized under this ,act have not been made available to the ,secretary by ,january #ba1 #bjca-- 7#a7 the waivers under subsection 7a7 shall have no force or effect2 7#b7 the authorization1 ratification1 and confirmation of the ,compact under section #d7;a7 shall have no force or effect2 7#c7 the ,tribes shall return to the ,united ,states1 unless otherwise agreed to by the ,tribes and the ,united ,states and approved by ,congress-- 7,a7 any unexpended ,federal funds made available to carry out this ,act1 together with any interest earned on those funds2 7,b7 any water rights or contracts to use water under this ,act2 and 7,c7 title to other property acquired or constructed with ,federal funds made available to carry out this ,act2 and 7#d7 the ,united ,states may offset any ,federal funds made available to carry out this ,act that were expended or withdrawn 7except for ,federal funds used to acquire or construct property that is returned to the ,united ,states under paragraph 7#b771 together with any interest earned on those funds1 against any claims against the ,united ,states-- 7,a7 relating to water rights in the ,state asserted by the ,tribes or any users of the tribal water right2 or 7,b7 in any future settlement of the water rights of the ,tribes or allottees4 #ac4 ,satisfaction of claims 7a7 ,tribal claims ,the benefits realized by the ,tribes under this ,act shall be in full satisfaction of all claims of the ,tribes against the ,united ,states that are waived and released in accordance with section #ab4 7b7 ,allottee claims ,the benefits realized by the allottees under this ,act shall be in full satisfaction of-- 7#a7 all claims that are waived and released pursuant to section #ab7;a77#b72 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 #ab7;a77#b74 #ad4 ,miscellaneous provisions 7a7 ,amendments 7#a7 ,act of ,april #bc1 #aijd ,section #i of the ,act of ,april #bc1 #aijd 7#cc ,stat4 #cjd1 chapter #adie2 #ce ,stat4 #dej1 chapter #baf71 is amended in the seventh paragraph by striking ,when the payments and all that follows through acceptable to the ,secretary of the ,interior and inserting the following3 ,the irrigation and power diversions of the ,flathead ,indian irrigation project 7as defined in section #c of the ,salish and ,kootenai ,water ,rights ,settlement ,act of #bjaf7 shall be held in trust for the benefit of the ,confederated ,salish and ,kootenai ,tribes4 7#b7 ,act of ,may #be1 #aidh ,section #b of the ,act of ,may #be1 #aidh 7#fb ,stat4 #bfi1 chapter #cdj71 is amended-- 7,a7 by striking paragraph 7#f7 of subsection 7h7 and inserting the following3 7#f7 ,to enhance fisheries habitat or to improve water conservation management of the project4 2 and 7,b7 by adding at the end the following3 7k7 ,mission ,valley division 7#a7 ,in general ,the ,secretary of the ,interior 7referred to in this section as the ,secretary71 or the ,tribes 7as defined in section #c of the ,salish and ,kootenai ,water ,rights ,settlement ,act of #bjaf7 acting on behalf of the ,secretary1 as the entity with the legal authority and responsibility to operate the ,mission ,valley division of the project 7referred to in this subsection as the project operator71 may allocate revenues derived from the ,mission ,valley division in accordance with paragraph 7#b7 for the purposes described in subsection 7h77#f74 7#b7 ,allocation 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the revenues described in paragraph 7#a7 shall be allocated by providing #ajj1jjj to the ,tribes and #ajj1jjj to the project operator4 7,b7 ,negotiation ,after the period of #aj fiscal years following the date of enactment of the ,salish and ,kootenai ,water ,rights ,settlement ,act of #bjaf1 the ,tribes1 the ,state of ,montana1 and the ,secretary may negotiate for an appropriate allocation that differs from the allocation described in subparagraph 7,a74 7,c7 ,carryover ,if the project operator does not use the full allocation of the project operator under this paragraph for a fiscal year1 an amount equal to the difference between that full allocation and the amount used by the project operator shall be set aside and accumulated for expenditure in subsequent fiscal years for the purposes described in subsection 7h77#f74 4 7#c7 ,indian ,self-,determination and ,education ,assistance ,act ,section #djc7;b77#d7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #deh;cc7b77#d77 is amended-- 7,a7 in subparagraph 7,a71 by adding at the end the following3 and2 7,b7 in subparagraph 7,b71 by striking and at the end2 and 7,c7 by striking subparagraph 7,c74 7b7 ,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 7c7 ,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 tribe other than the ,tribes4 7d7 ,limitation on claims for reimbursement ,with respect to ,indian land located within the ,reservation-- 7#a7 the ,united ,states shall not submit against the ,indian 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 the ,indian land shall be made regarding that cost4 7e7 ,limitation on liability of the ,united ,states 7#a7 ,in general ,the ,united ,states shall have no obligation-- 7,a7 to monitor1 administer1 or account for1 in any manner1 any funds provided to the ,tribes by the ,state2 or 7,b7 to review or approve any expenditure of those funds4 7#b7 ,indemnity ,the ,tribes shall indemnify the ,united ,states1 and hold the ,united ,states harmless1 with respect to all claims 7including claims for takings or breach of trust7 arising from the receipt or expenditure of amounts to carry out this ,act4 7f7 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity under this ,act 7including any obligation or activity under the ,compact7 if insufficient amounts are made available to carry out this ,act-- 7#a7 by ,congress expressly to carry out this ,act2 or 7#b7 in the ,reclamation ,water ,settlements ,fund established by section #ajeja7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7;a774 7g7 ,offsets ,if insufficient amounts are made available to carry out this ,act for a fiscal year1 the ,secretary may use to carry out this ,act such amounts as are necessary from other amounts available to the ,secretary for that fiscal year that are not otherwise obligated4 7h7 ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to any activity or function carried out by the ,secretary under this ,act4 #ae4 ,effect of failure to meet deadline for enforceability date ,if the ,secretary fails to publish in the ,federal ,register a statement of findings under section #ab7;b7 by ,january #ba1 #bjca-- 7#a7 this ,act is repealed effective ,january #bb1 #bjca2 7#b7 any action taken by the ,secretary under this ,act and any contract or agreement entered into pursuant to this ,act shall be void2 7#c7 any amounts made available under section #i7m7 that remain unexpended shall revert immediately to the general fund of the ,treasury2 7#d7 any amounts made available under section #aj7;f71 together with any interest on those amounts1 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 ,tribes against the ,united ,states relating to water rights-- 7,a7 any amounts expended or withdrawn from the amounts made available to carry out this ,act2 and 7,b7 any amounts made available to carry out this ,act from other authorized sources4 #af4 ,effect 7a7 ,environmental enforcement actions ,nothing in this ,act 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 7b7 ,reclamation laws ,the activities carried out by the ,commissioner under this ,act shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws1 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 7c7 ,allocations and apportionments ,nothing in this ,act or the ,compact-- 7#a7 makes an allocation or apportionment of water between or among ,states2 or 7#b7 addresses or implies whether1 how1 or to what extent the tribal water right1 or any portion of the tribal water right1 should be accounted for as part of1 or otherwise charged against1 an allocation or apportionment of water made to a ,state in an interstate allocation or apportionment4 7d7 ,actions by allottees ,except as otherwise expressly provided in this ,act1 nothing in this ,act-- 7#a7 authorizes any action by an allottee against any individual or entity1 or against the ,tribes1 under ,federal1 ,state1 tribal1 or local law2 or 7#b7 alters or affects the status of any action brought pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4