,,ii #aafth ,,congress #ast ,session ,s4 #cjai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aa1 #bjai,mr4 ,daines 7for himself and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to protect access to water for all ,montanans1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,montana ,water ,rights ,protection ,act4 #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 ,montana1 and in recognition of article ,i1 and section #c of article ,,ix1 of the ,montana ,state ,constitution 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 and confirm the water rights compact entered into by the ,tribes and the ,state1 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-- 7,a7 the ,compact2 and 7,b7 this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,allottee ,the term allottee means an 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 ,bison ,the term bison means ,north ,american plains bison4 7#c7 ,compact ,the term ,compact means-- 7,a7 the water rights compact entered into and ratified1 as applicable1 by the ,confederated ,salish and ,kootenai ,tribes1 the ,state1 and the ,united ,states1 as contained in section #he-bj-aija of the ,montana ,code ,annotated 7#bjag71 including any appendix or exhibit to that compact2 and 7,b7 any amendment to the compact referred to in subparagraph 7,a7 7including an amendment to an appendix or exhibit7 that is executed to ensure that the ,compact is consistent with this ,act4 7#d7 ,damages ,report ,the term ,damages ,report means the report entitled ,damages of the ,confederated ,salish and ,kootenai ,tribes ,due to ,actions ,by the ,united ,states1 volume ,i 7,march #bjaa71 volume ,,ii 7,march #bjaa71 volume ,,iii 7,october #bjaa71 and the final supplement and economic valuation 7,february #bjaf71 which is on file at the ,department of ,justice4 7#e7 ,enforceability date ,the term enforceability date means the date described in section #aj7;b74 7#f7 ,flathead ,indian irrigation project 7,a7 ,in general ,the term ,flathead ,indian irrigation project means the ,federal 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 or any other facility of the project referred to in subparagraph 7,a7 7regardless of location on or off the ,reservation72 and 7ii7 any headgate1 pipeline1 pump1 building1 heavy equipment1 vehicle1 supplies1 record1 copy of a record1 or any other physical1 tangible object of real or personal property used in the management and operation of the project referred to in subparagraph 7,a74 7#g7 ,hungry ,horse ,dam ,the term ,hungry ,horse ,dam means the dam that is a part of the ,hungry ,horse ,project4 7#h7 ,hungry ,horse ,project ,the term ,hungry ,horse ,project means the project authorized to be carried out by the ,secretary under the ,act of ,june #e1 #aidd 7#dc ,u4,s4,c4 #eic;a et seq474 7#i7 ,hungry ,horse ,reservoir ,the term ,hungry ,horse ,reservoir means the reservoir that is a part of the ,hungry ,horse ,project4 7#aj7 ,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 #ecjd74 7#aa7 ,law of ,administration ,the term ,law of ,administration means the ,unitary ,administration and ,management ,ordinance1 as set forth in ,appendix #d of the ,compact4 7#ab7 ,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#ac7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ad7 ,state 7,a7 ,in general ,the term ,state means the ,state of ,montana4 7,b7 ,inclusions ,the term ,state includes all officers1 agencies1 departments1 and political subdivisions of the ,state4 7#ae7 ,tribal ,water ,right ,the term ,tribal ,water ,right means the water right of the ,tribes1 as established in-- 7,a7 the ,compact2 and 7,b7 section #e4 7#af7 ,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#ag7 ,trust ,fund ,the term ,trust ,fund means the ,sli-,qlisp ,ksanka ,settlement ,trust ,fund established under section #h7;a74 #d4 ,ratification of ,compact 7a7 ,ratification 7#a7 ,in general ,as modified by this ,act1 the ,compact is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,any amendment to the ,compact is authorized1 ratified1 and confirmed1 to the extent that the amendment is executed to ensure that the ,compact is consistent with this ,act4 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 appendices to1 and parts of the ,compact requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this ,act precludes the ,secretary from approving a 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-- 7,a7 section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg72 or 7,b7 any other applicable ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,compact and this ,act1 the ,secretary and the ,tribes shall comply with-- 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 all other applicable environmental laws 7including regulations74 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 and the ,tribes shall carry out all ,federal compliance activities necessary to implement the ,compact and this ,act4 7d7 ,public availability ,as provided in articles ,,iv4,i4b 7relating to hearings71 ,,iv4,i4c 7relating to the employment of a water engineer71 and ,,iv4,i4#g4;e 7relating to ,board records7 of the ,compact1 and in recognition of section #i of article ,,ii of the ,montana ,state ,constitution1 all records of the ,flathead ,reservation ,water ,management ,board and the ,water ,engineer employed by the ,board shall be open to public inspection4 #e4 ,tribal ,water ,right 7a7 ,intent of ,congress ,it is the intent of ,congress to provide to each allottee benefits that are equivalent to1 or that exceed1 the benefits possessed by the 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 ,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 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-- 7,a7 the ,compact2 and 7,b7 this ,act4 7#c7 ,conflict ,in the event of a conflict between the ,compact and this ,act1 the provisions of 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 the allottees in accordance with this ,act2 and 7#b7 shall not be subject to forfeiture or abandonment4 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 ,entitlements to water 7,a7 ,in general ,any entitlement to water of an allottee under ,federal law shall be satisfied from the ,tribal ,water ,right4 7,b7 ,water for irrigation ,each allottee shall be entitled to a just and equitable allocation of water for irrigation purposes1 to be enforceable under paragraph 7#c77;,b74 7#c7 ,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-- 7i7 the ,law of ,administration2 or 7ii7 other applicable law4 7,b7 ,water for irrigation ,after the exhaustion of all remedies available under the ,law of ,administration or other applicable law1 an allottee may seek relief under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or other applicable law1 to seek a just and equitable allocation of water for irrigation purposes under paragraph 7#b77;,b74 7#d7 ,authority of ,secretary ,the ,secretary shall have the authority to protect the rights of allottees in accordance with 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-- 7,a7 the ,compact2 7,b7 the ,law of ,administration2 7,c7 this ,act2 and 7,d7 applicable ,federal law4 7#b7 ,off-,reservation use ,the ,tribes may allocate1 distribute1 and lease the ,tribal ,water ,right for off-,reservation use in the ,state in accordance with the ,compact1 subject to the approval of the ,secretary4 7#c7 ,land leases by allottees ,notwithstanding paragraph 7#a71 an allottee may lease any interest in land held by the allottee1 together with any water right determined to be appurtenant to the interest in land1 in accordance with the ,law of ,administration4 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 allottees1 the ,tribal ,water ,right in accordance with this ,act4 7#b7 ,approval 7,a7 ,in general ,the ,law of ,administration is approved4 7,b7 ,registrations ,as provided in sections #c and #d of article ,,ix of the ,montana ,state ,constitution and section #a-a-ajh of the ,law of ,administration1 all registrations shall be provided to the department of natural resources and conservation of the ,state1 to be entered into the water rights database of the department4 7,c7 ,amendments ,an amendment to the ,law of ,administration that affects a right of an allottee shall not be valid unless the amendment is approved by the ,secretary in accordance with this subsection4 7#c7 ,approval period 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall approve or disapprove an amendment to the ,law of ,administration by not later than #ahj days after the date of ratification of the ,law of ,administration by the ,tribes and the ,state4 7,b7 ,extension ,the deadline described in subparagraph 7,a7 may be extended by the ,secretary after consultation with the ,tribes4 7#d7 ,conflict ,in the event of a conflict between the ,law of ,administration and this ,act1 the provisions of this ,act shall control4 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 ,an authorization provided by this ,act for an allocation1 distribution1 lease1 or any other arrangement 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 all1 or any portion of1 the ,tribal ,water ,right by a lessee or contractor shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of all1 or any portion of1 the ,tribal ,water ,right4 7h7 ,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 ,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 #f4 ,storage allocation from ,hungry ,horse ,reservoir 7a7 ,storage allocation to ,tribes ,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 ,reservation under a water right held by the ,united ,states and managed by the ,bureau of ,reclamation4 7b7 ,treatment 7#a7 ,in general ,the allocation under subsection 7a7 shall be considered to be part of the ,tribal ,water ,right4 7#b7 ,administration ,the ,tribes shall administer the water allocated under subsection 7a7 in accordance with1 and subject to the limitations of1 the ,compact and this ,act4 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 the agreement or any water allocated under subsection 7a71 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 7,g7 the ,tribes shall not be required to make payments to the ,united ,states for the agreement or any water allocated under subsection 7a71 except for each acre-foot of stored water leased or transferred for industrial purposes2 7,h7 for each acre-foot of stored water leased by the ,tribes for industrial purposes-- 7i7 the ,tribes shall pay annually to the ,united ,states an amount sufficient to cover the proportionate share of the annual operation1 maintenance1 and replacement costs for the ,hungry ,horse ,project allocable to that quantity of water2 and 7ii7 the annual payments of the ,tribes shall be reviewed and adjusted1 as appropriate1 to reflect the actual operation1 maintenance1 and replacement costs for the ,hungry ,horse ,project2 and 7,i7 the costs described in subparagraphs 7,g7 and 7,h7 shall not apply to any lease or transfer for industrial purposes to-- 7i7 any entity of the ,tribes2 or 7ii7 any entity wholly owned by the ,tribes4 7d7 ,agreements by ,tribes ,the ,tribes may use1 lease1 contract1 exchange1 or enter into 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 the ,clark ,fork ,basin within the ,state2 and 7#b7 the agreement does not permanently alienate any portion of water allocated under subsection 7a74 7e7 ,mitigation water ,the ,tribes shall make available not more than #aa1jjj acre-feet per year of the water allocated under subsection 7a7 to the ,state1 in accordance with the ,compact4 7f7 ,no carry-,over 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 ,effective date ,the allocation under subsection 7a7 takes effect on the enforceability date4 #g4 ,irrigation activities 7a7 ,activities ,the ,tribes may carry out the following activities relating to the ,flathead ,indian irrigation project1 in coordination with the ,bureau of ,indian ,affairs3 7#a7 ,rehabilitation and modernization ,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 irrigation facility upgrades to reduce losses in conveyance of water from irrigation sources of supply to irrigation points of use1 planning1 design1 and construction of additional pumping facilities1 operational improvements to infrastructure within the distribution network of the ,flathead ,indian irrigation project1 and reconstruction1 replacement1 and automation at irrigation diversion works1 lining of open canals1 and placement of open canals in pipe4 7#b7 ,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#c7 ,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 7b7 ,environmental compliance ,prior to the commencement of any construction activity under subsection 7a71 the ,tribes shall perform appropriate ,federal environmental compliance activities relating to the activity4 7c7 ,treatment ,any activities carried out pursuant to subsection 7a7 that result in improvements1 additions1 or modifications to the ,flathead ,indian irrigation project1 including the acquisition of any real property interest1 shall-- 7#a7 become a part of the ,flathead ,indian irrigation project2 and 7#b7 be recorded in the inventory of the ,secretary relating to the ,flathead ,indian irrigation project4 7d7 ,easements and rights-of-,way 7#a7 ,tribal easements and rights-of-way 7,a7 ,in general ,on request of the ,secretary1 the ,tribes shall grant1 at no cost to the ,united ,states1 such easements and rights-of-way over ,tribal land as are necessary for construction relating to an activity under this section4 7,b7 ,jurisdiction ,an easement or right-of-way granted by the ,tribes pursuant to 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 the construction activities authorized by this section1 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 may be necessary for-- 7,a7 a construction activity authorized by this section2 or 7,b7 the operation and maintenance of-- 7i7 the ,flathead ,indian irrigation project2 or 7ii7 the ,mission ,valley ,power ,project4 7e7 ,land acquired by ,united ,states or ,tribes ,any land acquired within the boundaries of the ,reservation by the ,united ,states on behalf of the ,tribes1 or by the ,tribes on behalf of the ,tribes1 in connection with the purposes of this ,act shall be held in trust by the ,united ,states for the benefit of the ,tribes4 7f7 ,cooperative operation and maintenance of ,flathead ,indian irrigation project 7#a7 ,agreement with ,secretary ,on receipt of a joint request from the ,tribes and one or more irrigation districts within the ,flathead ,indian irrigation project1 the ,secretary shall enter into an agreement with the ,tribes and the irrigation districts for the cooperative operation and maintenance of the ,flathead ,indian irrigation project1 or any portion of the ,flathead ,indian irrigation project4 7#b7 ,establishment of organization 7,a7 ,in general ,in lieu of entering into an agreement under paragraph 7#a71 the ,tribes and one or more irrigation districts within the ,flathead ,indian irrigation project may jointly establish an organization for the purpose of entering into an agreement for the operation and maintenance of the ,flathead ,indian irrigation project under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 7,b7 ,treatment ,an organization established pursuant to subparagraph 7,a7 shall be considered to be a tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 for purposes of that ,act4 7g7 ,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 impacts the availability of amounts under section #i4 7h7 ,water source ,the source of the water for the ,flathead ,indian irrigation project shall be determined in accordance with article ,,ii7#cb7 of the ,compact as-- 7#a7 consisting of the water right set forth in article ,,iii4,c4#a4;a of the ,compact2 7#b7 including any use of water for irrigation and incidental purposes pursuant to an applicable water service contract2 and 7#c7 considered to be the source for the entitlement to delivery of available irrigation water for the assessed parcels1 in accordance with article ,,iv4,d4#b of the ,compact4 #h4 ,sli-,qlisp ,ksanka ,settlement ,trust ,fund 7a7 ,establishment ,the ,secretary shall establish a trust fund1 to be known as the ,sli-,qlisp ,ksanka ,settlement ,trust ,fund1 to be managed1 invested1 and distributed by the ,secretary1 and to remain available until expended1 consisting of the amounts deposited in the ,trust ,fund under subsection 7b71 together with any interest earned on those amounts1 for the purpose of carrying out this ,act4 7b7 ,deposits ,the ,secretary shall deposit in the ,trust ,fund the amounts made available pursuant to section #i4 7c7 ,management and interest 7#a7 ,management ,on receipt and deposit of the funds into the ,trust ,fund1 the ,secretary shall manage1 invest1 and distribute the amounts in accordance 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 7#b7 ,investment earnings ,in addition to the deposits under subsection 7b71 any investment earnings1 including interest1 credited to the amounts in the ,trust ,fund are authorized to be appropriated for use in accordance with subsection 7g74 7d7 ,availability of amounts 7#a7 ,in general ,amounts appropriated to1 and deposited in1 the ,trust ,fund 7including any investment earnings7 shall be made available to the ,tribes by the ,secretary beginning on the enforceability date1 subject to the requirements of this section4 7#b7 ,use ,notwithstanding paragraph 7#a71 any amounts deposited in the ,trust ,fund shall be available to the ,tribes1 on appropriation1 for-- 7,a7 the uses described in subsection 7g77#a71 in accordance with ,appendix #c4f to the ,compact2 and 7,b7 the uses described in subsection 7g77#b74 7e7 ,withdrawals 7#a7 ,in general ,the ,tribes may withdraw any portion of the amounts 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 shall spend all amounts withdrawn from the ,trust ,fund and any investment earnings accrued through the investments under the ,tribal management plan 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 pursuant to this subsection are used in accordance with this ,act4 7f7 ,effect ,nothing in this ,act provides to the ,tribes the right to judicial review of a determination by the ,secretary regarding whether to approve a ,tribal management plan1 except under subchapter ,,ii of chapter #e1 and chapter #g of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7g7 ,uses ,amounts in the ,trust ,fund shall be used by the ,tribes to implement the ,compact1 the ,law of ,administration1 and this ,act for the following purposes3 7#a7 ,with respect to the ,flathead ,indian irrigation project1 rehabilitation1 modernization1 and restoration of damages to natural resources4 7#b7 ,the 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 ,administration1 and such infrastructure as is necessary to meet programmatic needs4 7#c7 ,the acquisition of interests in real property for purposes of paragraph 7#a74 7#d7 ,to implement the ,tribal ,water ,right through rehabilitation and improvement of agricultural ,indian land within the ,reservation4 7#e7 ,to construct and rehabilitate livestock fencing on ,indian land within the ,reservation4 7#f7 ,to mitigate and control noxious weeds on land within the ,reservation4 7#g7 ,to plan1 design1 and construct improvements to irrigation systems on land served by the ,flathead ,indian irrigation project4 7#h7 ,to install screens1 barriers1 passages1 or ladders to prevent fish entrainment in irrigation ditches and canals within the ,reservation4 7#i7 ,to plan1 design1 and construct irrigation facilities on ,indian land within the ,reservation that is not served by the ,flathead ,indian irrigation project4 7#aj7 ,to plan1 design1 construct1 operate1 maintain1 and replace community water distribution and wastewater treatment facilities on the ,reservation4 7#aa7 ,to develop geothermal water resources on ,indian land within the ,reservation4 7#ab7 ,to develop a cultural resources program relating to permitting 7including cultural1 historical1 and archeological reviews1 including training and certifications7 and related infrastructure necessary to meet programmatic needs4 7#ac7 ,to comply with ,federal environmental laws for any use authorized by this section4 7#ad7 ,to repair1 rehabilitate1 or replace culverts1 bridges1 and roads of the ,flathead ,indian irrigation project and any public or ,tribal culverts1 bridges1 and roads that intersect with1 or are otherwise located within1 the supply and distribution network of the ,flathead ,indian irrigation project4 7h7 ,liability ,the ,secretary shall not be liable for the expenditure or investment of any amounts withdrawn from the ,trust ,fund by the ,tribes under this section4 7i7 ,expenditure reports ,not less frequently than annually1 the ,tribes shall submit to the ,secretary an expenditure report describing-- 7#a7 the amount withdrawn from the ,trust ,fund under this section2 and 7#b7 any accomplishments resulting from the use of a withdrawal under a ,tribal management plan1 in accordance with this ,act4 7j7 ,,om,r costs ,except as otherwise provided in this ,act1 nothing in this ,act affects any obligation of the ,united ,states with respect to the operations1 maintenance1 and repair of the ,flathead ,indian irrigation project4 #i4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to the ,secretary for deposit in the ,trust ,fund #a1ijj1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7b7 ,fluctuation in costs 7#a7 ,in general ,of the amount authorized to be appropriated under subsection 7a7-- 7,a7 #cdg1bjj1jjj shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this ,act1 as indicated by the ,consumer ,price ,index for ,all ,urban ,consumers ,west ,urban #ej1jjj to #a1ejj1jjj index2 7,b7 #aaa1djj1jjj shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reasons of ordinary fluctuations in costs occurring after the date of enactment of this ,act1 as indicated by the ,producer ,price ,index for the ,bureau of ,labor ,statistics2 and 7,c7 #a1dda1djj1jjj shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this ,act1 as indicated by the ,bureau of ,reclamation ,construction ,costs ,index-,composite ,trend4 7#b7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated for deposit in the ,trust ,fund until the amount authorized to be appropriated1 as so adjusted1 has been appropriated4 7#c7 ,period of indexing ,the period of indexing adjustment under this subsection for any increment of funding shall end on the date on which funds are deposited in the ,trust ,fund4 #aj4 ,waivers and releases of claims 7a7 ,waivers and releases 7#a7 ,claims by ,tribes and ,united ,states as trustee for ,tribes ,subject to the reservation of rights and retention of claims under subsection 7c71 as consideration for recognition of the ,tribal ,water ,right and other benefits described in the ,compact and this ,act1 the ,tribes1 acting on behalf of the ,tribes and members of the ,tribes 7but not any member of the ,tribes as an allottee71 and the ,united ,states1 acting as trustee for the ,tribes and the members of the ,tribes 7but not any member of the ,tribes as an allottee71 shall execute a waiver and release of all claims with prejudice 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 such a right is recognized in the ,compact and this ,act4 7#b7 ,claims by ,united ,states as trustee for allottees ,subject to the reservation of rights and the retention of claims under subsection 7c71 as consideration for recognition of the ,tribal ,water ,right and other benefits described in the ,compact and this ,act1 the ,united ,states1 acting as trustee for allottees1 shall execute a waiver and release of all claims with prejudice 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 a right is recognized in the ,compact and this ,act4 7#c7 ,claims by ,tribes against ,united ,states ,subject to the reservation of rights and retention of claims under subsection 7c71 the ,tribes1 acting on behalf of the ,tribes and members of the ,tribes 7but not any member of the ,tribes as an allottee71 shall execute a waiver and release of all claims with prejudice against the ,united ,states 7including any agency or employee of the ,united ,states7-- 7,a7 relating to-- 7i7 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 general stream adjudication in the ,state1 except to the extent that such a right is 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 a 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 7iii7 a failure to establish or provide a municipal1 rural1 or industrial water delivery system on the ,reservation2 7iv7 a failure to provide-- 7,i7 for operation1 maintenance1 or deferred maintenance for the ,flathead ,indian irrigation project or any other irrigation system or irrigation project2 or 7,,ii7 a dam safety improvement to a dam within the ,reservation2 7v7 the litigation of claims relating to any water right of the ,tribes in the ,state2 and 7vi7 the negotiation1 execution1 or adoption of the ,compact or this ,act2 7,b7 reserved under subsections 7b7 through 7d7 of section #f of the settlement agreement for the case entitled ,nez ,perce ,tribe v4 ,salazar1 ,no4 #jf;cv#bbci,,tfh 7,d4,d4,c4 #bjab72 7,c7 that first accrued at any time on or before the enforceability date arising from the taking or acquisition of land or resources of the ,tribes for the construction or operation of the ,flathead ,indian irrigation project2 and 7,d7 encompassed within the ,damages ,report4 7#d7 ,certain off-,reservation water rights 7,a7 ,in general ,notwithstanding the confirmation of the water rights of the ,tribes described in ,appendices #bh and #bi to the ,compact1 as consideration for recognition of the ,tribal ,water ,right and other benefits described in the ,compact and this ,act1 the ,tribes shall relinquish any right1 title1 or claim to the water rights located within the ,flathead basin and described in those appendices4 7,b7 ,requirement ,the water rights described in subparagraph 7,a7 shall be held solely by the ,state4 7b7 ,enforceability date ,the waivers and releases of claims 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 approved the ,compact in a manner from which no further appeal may be taken2 or 7,b7 if the ,montana ,water ,court is found to lack jurisdiction1 the applicable ,united ,states district court has approved the ,compact as a consent decree from which no further appeal may be taken2 7#b7 all amounts authorized to be appropriated under section #i have been appropriated2 7#c7 the ,state has appropriated and paid into an interest-bearing escrow account any payments due to the ,tribes as of the date of enactment of this ,act under the ,compact and this ,act2 7#d7 the ,tribes have ratified the ,compact2 7#e7 the ,secretary has fulfilled the requirements of section #f2 and 7#f7 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 the waivers and releases under subsection 7a71 the ,tribes1 acting on behalf of the ,tribes and members of the ,tribes1 and the ,united ,states1 acting as trustee for the ,tribes and the allottees1 shall retain-- 7#a7 all claims relating to-- 7,a7 the enforcement of1 or claims accruing after the enforceability date relating to water rights recognized under-- 7i7 the ,compact2 7ii7 any final decree2 or 7iii7 this ,act2 and 7,b7 activities affecting the quality of water1 including any claims 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 rights to use and protect water rights acquired after the date of enactment of this ,act2 7#c7 damages1 losses1 or injuries to land or natural resources that are-- 7,a7 not due to loss of water or water rights 7including hunting1 fishing1 gathering1 or cultural rights72 and 7,b7 not encompassed within the ,damages ,report2 and 7#d7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this ,act or the ,compact4 7d7 ,effect of ,compact and ,act ,nothing in the ,compact or this ,act-- 7#a7 except as otherwise expressly provided in the ,compact or this ,act1 reduces or extends the sovereignty 7including civil and criminal jurisdiction7 of any government entity2 7#b7 affects the ability of the ,united ,states to carry out any activity authorized by applicable law1 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#c7 affects the ability of the ,united ,states to act as trustee for any other ,indian tribe or allottee of any other ,indian tribe2 7#d7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law regarding health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or any other party under ,federal law regarding health1 safety1 or the environment2 or 7,c7 to conduct judicial review of any ,federal agency action2 7#e7 waives any claim of a member of the ,tribes in an individual capacity that does not derive from a right of the ,tribes2 7#f7 revives any claim waived by the ,tribes in the case entitled ,nez ,perce ,tribe v4 ,salazar1 ,no4 #jf;cv#bbci,,tfh 7,d4,d4,c4 #bjab72 or 7#g7 revives any claim released by an allottee or member of the ,tribes in the settlement for the case entitled ,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 during 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 7#a7 ,in general ,this ,act shall expire in any case in which-- 7,a7 the amounts authorized to be appropriated by this ,act have not been made available to the ,secretary by not later than-- 7i7 ,january #ba1 #bjca2 or 7ii7 such alternative later date as is agreed to by the ,tribes and the ,secretary2 or 7,b7 the ,secretary fails to publish a statement of findings under subsection 7b7 by not later than-- 7i7 ,january #ba1 #bjcb2 or 7ii7 such alternative later date as is agreed to by the ,tribes and the ,secretary1 after providing reasonable notice to the ,state4 7#b7 ,consequences ,if this ,act expires under paragraph 7#a7-- 7,a7 the waivers and releases under subsection 7a7 shall-- 7i7 expire2 and 7ii7 have no further force or effect2 7,b7 the authorization1 ratification1 confirmation1 and execution of the ,compact under section #d shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and any contract or agreement entered into1 pursuant to this ,act shall be void2 7,d7 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 and any water rights or contracts to use water and title to other property acquired or constructed with ,federal funds appropriated or made available to carry out the activities authorized by this ,act shall be returned to the ,federal ,government1 unless otherwise agreed to by the ,tribes and the ,united ,states and approved by ,congress2 and 7,e7 except for ,federal funds used to acquire or construct property that is returned to the ,federal ,government under subparagraph 7,d71 the ,united ,states shall be entitled to offset any ,federal funds made available to carry out this ,act that were expended or withdrawn1 or any funds made available to carry out this ,act from other ,federal authorized sources1 together with any interest accrued on those funds1 against any claims against the ,united ,states-- 7i7 relating to-- 7,i7 water rights in the ,state asserted by-- 7aa7 the ,tribes2 or 7bb7 any user of the ,tribal ,water ,right2 or 7,,ii7 any other matter encompassed in the ,damages ,report2 or 7ii7 in any future settlement of water rights of the ,tribes or an allottee4 #aa4 ,satisfaction of claims 7a7 ,tribal claims ,the benefits realized by the ,tribes under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of all claims of the ,tribes against the ,united ,states waived and released pursuant to section #aj4 7b7 ,allottee claims ,the benefits realized by the allottees under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of-- 7#a7 all claims waived and released pursuant to section #aj7;a77#b72 and 7#b7 any claims of an allottee against the ,united ,states similar in nature to a claim described in section #aj7;a77#b7 that the allottee asserted or could have asserted4 #ab4 ,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 by striking the seventh undesignated paragraph4 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 in subsection 7h71 by striking paragraph 7#f7 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 ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,reservation of ,montana 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-- 7i7 #ajj1jjj to the ,tribes2 and 7ii7 #ajj1jjj to the project operator4 7,b7 ,negotiation ,effective beginning on ,october #a of the tenth calendar year beginning after the date of enactment of the ,montana ,water ,rights ,protection ,act1 the ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,reservation of ,montana1 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 the full allocation and the amount used by the project operator shall be set aside and accumulated for expenditure during 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 #ecfc7;b77#d77 is amended-- 7,a7 in subparagraph 7,a71 by adding and at the end2 7,b7 in subparagraph 7,b71 by striking and at the end2 and 7,c7 by striking subparagraph 7,c74 7b7 ,liens ,any lien established by the ,act of ,april #bc1 #aijd 7#cc ,stat4 #cjb1 chapter #adie2 #ce ,stat4 #ddi1 chapter #baf71 is extinguished and released4 7c7 ,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 7d7 ,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 any ,indian tribe other than the ,tribes4 7e7 ,limitation on claims for reimbursement ,with respect to ,indian land located within the ,reservation-- 7#a7 the ,united ,states shall not submit any claim for reimbursement of the cost to the ,united ,states of carrying out this ,act or the ,compact2 and 7#b7 no assessment shall be made regarding that cost4 7f7 ,limitation on liability of ,united ,states 7#a7 ,in general ,the ,united ,states has 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 the funds described in subparagraph 7,a74 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 7g7 ,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-- 7#a7 adequate appropriations are not provided expressly by ,congress to carry out this ,act2 or 7#b7 insufficient funds are available to carry out this ,act 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 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 7i7 ,exchanges of land 7#a7 ,state trust land 7,a7 ,in general ,the ,secretary shall offer to negotiate with the ,state for the purpose of exchanging public land within the ,state for ,state trust land located within the ,reservation with a total value substantially equal to the value of the surface estate of the approximately #cf1hjh acres of ,state trust land obtained by the ,state pursuant to-- 7i7 the ,act of ,february #bb1 #ahhi 7commonly known as the ,montana ,enabling ,act7 7#be ,stat4 #fgf1 chapter #ahj71 and the ,act of ,april #bc1 #aijd 7#cc ,stat4 #cjb1 chapter #adie2 #ce ,stat4 #ddi1 chapter #baf72 or 7ii7 the ,act of ,february #be1 #aibj 7#da ,stat4 #deb74 7,b7 ,procedures ,an exchange described in subparagraph 7,a7 shall be conducted in accordance with section #bjf of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf74 7,c7 ,valuation ,in determining the fair market value of land for purposes of subparagraph 7,a71 the parties to the exchange shall give due consideration to the value of any improvements on the land4 7,d7 ,financial impact ,the ,secretary shall ensure that land exchanged pursuant to this paragraph is selected in a manner that minimizes the financial impact on local governments1 if any4 7,e7 ,assistance ,the ,secretary shall provide such financial or other assistance to the ,state and the ,tribes as may be necessary to obtain the appraisals1 and to satisfy administrative requirements1 necessary to accomplish the exchanges under subparagraph 7,a74 7,f7 ,title ,on approving an exchange under this paragraph1 the ,secretary shall-- 7i7 receive title in and to the ,state trust land involved in the exchange1 on behalf of the ,united ,states2 and 7ii7 transfer title in and to the public land disposed of in the exchanges with the ,state by such means of conveyance as the ,secretary considers to be appropriate4 7,g7 ,trust ,title to the ,state trust land acquired pursuant to an exchange under this paragraph shall be-- 7i7 vested in the ,united ,states in trust for the sole use and benefit of the ,tribes2 and 7ii7 recognized as part of the ,reservation4 7#b7 ,requirements 7,a7 ,in general ,in carrying out paragraph 7#a71 the ,secretary shall1 during the #e-year period beginning on the date of enactment of this ,act1 give priority to an exchange of public land within the ,state for ,state trust land owned by the ,state4 7,b7 ,total value ,the total value of the land exchanged and acquired for the ,tribes pursuant to this subsection shall not exceed the value of the surface estate of the #cf1hjh acres described in paragraph 7#a77;,a74 7,c7 ,private exchanges 7i7 ,in general ,subject to subparagraph 7,b71 if1 for any reason1 after the expiration of the period described in subparagraph 7,a71 the exchanges under paragraph 7#a7 have not provided to the ,tribes a total of #cf1hjh acres of surface land within the boundaries of the ,reservation1 the ,secretary shall1 at the request of1 and in cooperation with1 the ,tribes1 develop and implement a program to provide to the ,tribes additional land within the ,reservation through land exchanges with private landowners4 7ii7 ,requirement ,in carrying out this subparagraph1 the ,secretary may exchange public land within the ,state for private land of substantially equal value within the boundaries of the ,reservation1 in accordance with section #bjf of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf74 7,d7 ,valuation ,in determining the fair market value of land under subparagraph 7,c71 the parties to an exchange made pursuant to that subparagraph shall give due consideration to the value of improvements on the land4 7,e7 ,title ,if the ,secretary obtains private land pursuant to subparagraph 7,c71 the ,secretary shall transfer title to the land to the ,tribes4 7,f7 ,trust ,title to any private or public land transferred to the ,tribes pursuant to this paragraph shall-- 7i7 be vested in the ,united ,states in trust for the sole use and benefit of the ,tribes2 and 7ii7 be recognized as part of the ,reservation1 if the land is located within the boundaries of the ,reservation4 7,g7 ,tribal assistance ,the ,tribes shall assist in obtaining prospective willing parties to exchange private land within the ,reservation for public land within the ,state under this paragraph4 7j7 ,review of decisions ,a court of competent jurisdiction shall review the decisions of the ,flathead ,reservation ,water ,management ,board and the ,montana ,department of ,fish1 ,wildlife1 and ,parks in accordance with-- 7#a7 the ,compact2 7#b7 the ,law of ,administration2 and 7#c7 this ,act4 7k7 ,payments to certain counties 7#a7 ,payments 7,a7 ,by ,secretary ,subject to paragraph 7#b71 to reduce the financial impact on the counties in which the land restored by section #ac is located1 the ,secretary shall make payments to ,lake ,county and ,sanders ,county in the ,state1 out of amounts in the fund established under section #dja7;a7 of the ,act of ,june #ae1 #aice 7#af ,u4,s4,c4 #gaes7a774 7,b7 ,by ,tribes ,to ensure that culverts1 bridges1 and roads that intersect with1 or are otherwise located within1 the supply and distribution network of the ,flathead ,indian irrigation project comply with ,federal environmental requirements1 to ensure public safety1 and to enhance ,tribal fisheries on the ,reservation1 the ,tribes shall allocate from the ,trust ,fund amounts withdrawn for the purposes described in section #h7;g77#ad71 under an agreement approved by the ,secretary-- 7i7 #e1jjj1jjj to ,lake ,county in the ,state2 and 7ii7 #e1jjj1jjj to ,sanders ,county in the ,state4 7#b7 ,amount of payments ,the amount of the payments under paragraph 7#a77;,a7 shall be equal to the amount each county would have received if this section had not been enacted4 7#c7 ,treatment of land for purposes of calculating payments ,for the limited purposes of calculating payments to ,lake ,county and ,sanders ,county under this subsection and section #dja of the ,act of ,june #ae1 #aice 7#af ,u4,s4,c4 #gaes71 the land restored by section #ac shall be treated as a fee area 7as defined in section #dja7;g7 of the ,act of ,june #ae1 #aice 7#af ,u4,s4,c4 #gaes7g7774 #ac4 ,national ,bison ,range restoration 7a7 ,findings2 purposes 7#a7 ,findings ,congress finds that-- 7,a7 the ,reservation was set aside for the ,tribes in #ahee under the treaty between the ,united ,states and the ,tribes concluded at ,hell ,gate on ,july #af1 #ahee 7#ab ,stat4 #ige72 7,b7 the ,national ,bison ,range was established as a conservation measure in #aijh1 a time when the bison were at grave risk of extinction2 7,c7 the ,national ,bison ,range is located in the middle of the ,reservation on land that was acquired by the ,united ,states in what was later held1 in the civil action entitled ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,indian ,reservation1 ,montana v4 ,united ,states 7#dcg ,f4#b;d #deh 7,ct4,cl4 #aiga771 to be a taking under the ,fifth ,amendment to the ,constitution of the ,united ,states2 7,d7 the ,tribes never consented to the removal of the land described in subparagraph 7,c7 from ,tribal ownership2 7,e7 since time immemorial until the establishment of the ,national ,bison ,range1 the ,tribes had used the land described in subparagraph 7,c7 for-- 7i7 hunting1 fishing1 and gathering2 and 7ii7 cultural and many other purposes2 7,f7 7i7 in the #ahgjs1 when slaughter resulted in the risk of bison extinction1 a ,pend d',oreille man named ,little ,falcon ,robe received approval from leaders of the ,tribes to bring orphaned bison calves across the ,continental ,divide to the ,reservation for purposes of starting a herd for subsistence and conservation purposes2 7ii7 starting with just a few bison calves1 the animals grew into a large herd under the stewardship of members of the ,tribes1 who later included ,michel ,pablo and ,charles ,allard2 and 7iii7 the ,reservation was the home of that free-ranging herd of bison for decades before the establishment of the ,national ,bison ,range2 7,g7 when the ,reservation was opened for homesteading1 a free-ranging bison herd was no longer feasible1 resulting in ,michel ,pablo selling the herd to off-,reservation interests2 7,h7 many of the bison1 or their descendants1 from the ,tribal member-managed herd were repurchased and brought back to the ,reservation to form the original herd for the ,national ,bison ,range2 7,i7 the bison herd at the ,national ,bison ,range descends largely from a herd started and managed as described in subparagraph 7,f72 7,j7 the ,tribes-- 7i7 have played a substantive role as conservation leaders1 often in partnership with the ,national ,bison ,range2 7ii7 have demonstrated a long-term commitment to responsible management of the land and resources surrounding the ,national ,bison ,range2 and 7iii7 desire to carry out the purposes for which the ,national ,bison ,range was established2 7,k7 the ,tribes have extensive experience in wildlife and natural resources management1 including-- 7i7 the establishment and management of the #ia1jjj-;acre ,mission ,mountains ,tribal ,wilderness1 the first tribally designated wilderness area in the ,united ,states2 7ii7 special management districts for large animals1 such as the ,little ,money ,bighorn ,sheep ,management ,area and the ,ferry ,basin ,elk ,management ,area2 and 7iii7 the restoration and management of bighorn sheep populations1 peregrine falcons1 and trumpeter swans on the ,reservation2 7,l7 the ,tribes have an extensive history of successful partnerships with ,federal agencies with respect to issues such as-- 7i7 threatened and endangered species management2 7ii7 migratory waterfowl management2 and 7iii7 wetland habitat management2 7,m7 7i7 the ,tribes have entered into prior management-related agreements relating to the ,national ,bison ,range under title ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfa et seq472 and 7ii7 the ,tribes and the ,united ,states desire to build on past and current partnerships1 as well as honor and advance the ,federal and ,tribal objectives of increasing ,tribal autonomy and ,tribal governmental capacity2 7,n7 since the establishment of the ,national ,bison ,range1 additional herds of bison have been established on other national wildlife refuges and national parks2 7,o7 the facts and history regarding the ,federal ,government1 the ,tribes1 the bison1 and land on the ,reservation acquired for the ,national ,bison ,range are exceptional circumstances that warrant action by ,congress2 and 7,p7 the ,united ,states should hold title in and to the land comprising the ,national ,bison ,range1 with beneficial title of the land being restored to the ,tribes for-- 7i7 continued bison conservation2 7ii7 other wildlife and natural resource management purposes2 and 7iii7 other nonconflicting purposes of the ,tribes4 7#b7 ,purposes ,the purposes of this section are-- 7,a7 to acknowledge the history1 culture1 and ecological stewardship of the ,tribes with respect to the land on the ,reservation acquired for the ,national ,bison ,range1 bison1 and other natural resources2 7,b7 to ensure that the land1 bison1 and other resources referred to in subparagraph 7,a7 continue to be protected and enhanced2 7,c7 to continue public access and educational opportunities2 and 7,d7 to ensure a smooth transition for land1 bison1 and other natural resources as the land is restored to ,federal trust ownership for the benefit of the ,tribes4 7b7 ,definition of ,national ,bison ,range ,in this section1 the term ,national ,bison ,range means all land within the ,reservation that was reserved for the national bison range under the matter under the heading ,national ,bison ,range under the heading ,miscellaneous under the heading ,department of ,agriculture in the ,act of ,may #bc1 #aijh 7#af ,u4,s4,c4 #fga7 7as in effect on the day before the date of enactment of this ,act74 7c7 ,restoration of land 7#a7 ,in general ,notwithstanding any other provision of law1 for the purposes of conserving bison1 wildlife1 and natural resources1 and of safeguarding the interests of the ,tribes in those resources and the traditional1 cultural1 and other interests of the ,tribes1 all land comprising the ,national ,bison ,range 7including all natural resources1 interests1 and appurtenances of that land7 shall be held in trust by the ,united ,states for the benefit of the ,tribes4 7#b7 ,administration ,the land restored by paragraph 7#a7 shall be-- 7,a7 a part of the ,reservation2 7,b7 administered under the laws 7including regulations7 applicable to ,indian trust land2 and 7,c7 managed by the ,tribes1 in accordance with paragraph 7#c71 solely for the care and maintenance of bison1 wildlife1 and other natural resources1 including designation or naming of the restored land4 7#c7 ,tribal management ,in managing the land restored by paragraph 7#a71 the ,tribes shall-- 7,a7 provide public access and educational opportunities2 and 7,b7 at all times1 have a publicly available management plan for the land1 bison1 and natural resources1 which shall include actions to address management and control of invasive weeds4 7d7 ,conveyance of buildings and other structures 7#a7 ,in general ,the ,united ,states shall convey to the ,tribes1 to own in fee1 all ownership interests of the ,united ,states in all buildings1 structures1 improvements1 and appurtenances located on the land restored by subsection 7c77#a74 7#b7 ,personal property ,the ,united ,states may convey to the ,tribes any personal property owned by the ,united ,states and found on1 or otherwise associated with1 the land restored by subsection 7c77#a74 7e7 ,relinquishment of rights to bison ,the ,united ,states relinquishes to the ,tribes all interests of ,united ,states in the bison on the land restored by subsection 7c77#a74 7f7 ,transition 7#a7 ,in general ,notwithstanding any other provision of law1 during the #b-year period beginning on the date of enactment of this ,act1 the ,secretary shall cooperate with the ,tribes in transition activities regarding the management of land1 bison1 and other resources conveyed by this ,act1 including by providing to the ,tribes funds1 personal property1 equipment1 or other resources determined to be appropriate by the ,secretary for the performance of1 or assistance with1 the types of activities carried out by the ,secretary at the ,national ,bison ,range as of the date of enactment of this ,act4 7#b7 ,effect ,consistent with subsections 7c71 7d71 and 7e71 nothing in this section authorizes the ,director of the ,united ,states ,fish and ,wildlife ,service to retain ownership or control of any real or personal property conveyed by this section1 except as the ,tribes may agree to in writing4 7g7 ,repeal ,the matter under the heading ,national ,bison ,range under the heading ,miscellaneous under the heading ,department of ,agriculture in the ,act of ,may #bc1 #aijh 7#af ,u4,s4,c4 #fga71 is repealed4 7h7 ,liability 7#a7 ,funding for liability insurance ,for the continued protection of the public1 and as long as public visitation is required by ,federal law for the land restored by this section1 the ,secretary shall provide to the ,tribes funding sufficient to procure liability insurance covering tort actions filed by members of the public4 7#b7 ,liability of ,tribes ,the ,tribes shall not be liable for any land1 soil1 surface water1 groundwater1 or other contamination1 injury1 or damage resulting from the storage1 disposal1 release1 or presence of any hazardous substance 7as defined in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja77 on any portion of the land restored by this section on or before the date of the conveyance1 unless the ,tribes would otherwise have been responsible for the storage1 disposal1 release1 or presence4 7i7 ,claims against ,united ,states ,no claim may be brought pursuant to chapter #g of title #e1 ,united ,states ,code1 or section #adia or #aeje of title #bh1 ,united ,states ,code1 against the ,united ,states1 or any agency1 officer1 or employee of the ,united ,states1 concerning the preconveyance or postconveyance management of the land and other property conveyed by this section4 7j7 ,effect ,nothing in this section relieves the ,united ,states of any obligation under section #abj7;h77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77#c774 7k7 ,no precedent ,the provisions of this section-- 7#a7 are uniquely suited to address the distinct circumstances1 facts1 history1 and relationships involved with the bison1 land1 and ,tribes2 and 7#b7 are not intended1 and shall not be interpreted1 to establish a precedent for any other situation regarding ,federal land1 property1 or facilities4 7l7 ,indian ,gaming ,regulatory ,act ,the land restored by this section shall not be eligible or used for any gaming activity carried out under the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgja et seq474 #ad4 ,effect ,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