S 1987 — Fort Belknap Indian Community Water Rights Settlement Act of 2024
Last action — Held at the desk.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 118th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
190 added · 131 removedPlain-language change summary
The updated version of the bill changes its title from the "Rights Settlement Act of 2023" to the "Rights Settlement Act of 2024." It also clarifies sections regarding environmental document preparation and compliance activities by specifying they relate to funds in the Trust Fund. Additionally, the definitions of "eligible land" have replaced previous terms related to "public land," modifying how land exchanges are described and potentially affecting land administration processes and governance.
1987 IntroducedEngrossed in Senate (IS)](ES)] <DOC> 118th CONGRESS 1st2d Session S.
1987 _______________________________________________________________________ AN ACT To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 14, 2023 Mr.
Tester (for himself and Mr.
Daines) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs _______________________________________________________________________ A BILL To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
This Act may be cited as the ``Fort Belknap Indian Community Water Rights Settlement Act of 2023''.2024''.
(B) Inclusions.--The term ``Fort Belknap Indian Irrigation Project'' includes any addition to the Fort Belknap Indian Irrigation Project constructed pursuant to this Act, including expansion of the Fort Belknap Indian Irrigation Project, the Pumping Plant, delivery Pipe and Canal, the Fort Belknap Reservoir and Dam, and the Peoples Creek Flood Protection Project.
(2) Compliance.-- (A) In general.--In implementing the Compact and this Act, the Fort Belknap Indian Community shall prepare any necessary environmental documents, except for any environmental documents required under section 8, consistent with all applicable provisions of-- (i) the Endangered Species Act of 1973 (16 U.S.C.
(4) Costs.--Any costs associated with the performance of the compliance activities underdescribed thisin subsectionparagraph (2) shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.
of the Compact, not later than 4 years after the date on which the Fort Belknap Indian Community approves the Compact in accordance with section 11(f)(1), the Fort Belknap Indian Community shall enact a Tribal water code that provides for-- (A) the administration, management, regulation, and governance of all uses of the Tribal water rights in accordance with the Compact and this Act;
EXCHANGE AND TRANSFER OF PUBLICLAND. LAND INTO TRUST.
(a) Exchange of FederalEligible Land and State Land.-- (1) Definitions.--In this subsection:
(A) PublicEligible land.--The term ``public``eligible land'' means,means-- as applicable-- (i) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702));1702)) that are administered by the Secretary, acting through the Director of the Bureau of Land Management;
and (ii) land managedin by the SecretaryNational ofForest AgricultureSystem under(as thedefined jurisdictionin section 11(a) of the Forest Service.and Rangeland Resources Planning Act of 1974 (16 U.S.C.
(B)1609(a)) Secretarythat concerned.--Theis termadministered ``Secretaryby concerned'' means, as applicable-- (i) the Secretary,Secretary withof respectAgriculture, toacting thethrough public land managed by the DepartmentChief of the Interior;Forest Service.
and(B) (ii)Secretary theconcerned.--The Secretaryterm of``Secretary Agriculture,concerned'' means, as applicable-- (i) the Secretary, with respect to the eligible land managedadministered by the ForestBureau Service.of Land Management;
(2)and Negotiations(ii) authorized.--the (A) In general.--The Secretary concernedof shallAgriculture, offer to enter into negotiations with therespect Stateto foreligible the purpose of exchanging Federal land describedmanaged inby paragraph (4) for the StateForest landService. described in paragraph (3).
(B)(2) Requirement.--AnyNegotiations exchangeauthorized.-- of(A) landIn madegeneral.--The pursuantSecretary concerned shall offer to thisenter subsectioninto shallnegotiations bewith subjectthe toState for the requirementspurpose of thisexchanging subsection.eligible land described in paragraph (4) for the State land described in paragraph (3).
(C)(B) Priority.--InRequirements.--Any carryingexchange outof thisland paragraph,made thepursuant Secretaryto concernedthis shall,subsection duringshall thebe 5-yearsubject periodto beginning on the dateterms ofand enactmentconditions of this Act,subsection. give priority to an exchange of public land located within the State for trust land owned by the State.
(3)(C) StatePriority.-- land.--The(i) SecretaryIn concernedgeneral.--In iscarrying authorizedout tothis acceptparagraph, the followingSecretary parcelsand the Secretary of landAgriculture ownedshall, byduring the State5-year locatedperiod beginning on andthe offdate of enactment of this Act, give priority to an exchange of eligible land located within the Reservation:State for State land.
(ii) Secretary of agriculture.--The responsibility of the Secretary of Agriculture under clause (i), during the 5-year period described in that clause, shall be limited to negotiating with the State an acceptable package of land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 (16 U.S.C.
1609(a))).
(3) State land.--The Secretary is authorized to accept the following parcels of State land located on and off the Reservation:
(4)(KK) Federal640 land.--Subjectacres toin validT. existing rights, and the requirements of this subsection, the Secretary concerned is authorized to convey to the State any public land within the State, except for land that is included within the National Landscape Conservation System established by section 2002(a) of the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7202(a)),25 withoutN., regardR. to whether that land has been identified as available for disposal in a land use plan.
22 E., sec.
16.
(4) Eligible land.-- (A) In general.--Subject to valid existing rights, the reservation of easements or rights-of-way deemed necessary to be retained by the Secretary concerned, and the requirements of this subsection, the Secretary is authorized and directed to convey to the State any eligible land within the State identified in the negotiations authorized by paragraph (2) and agreed to by the Secretary concerned.
(B) Exceptions.--The Secretary concerned shall exclude from any conveyance any parcel of eligible land that is-- (i) included within the National Landscape Conservation System established by section 2002(a) of the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7202(a)), without regard to whether that land has been identified as available for disposal in a land use plan;
(ii) designated as wilderness by Congress;
(iii) within a component of the National Wild and Scenic Rivers System;
or (iv) designated in the Forest Land and Resource Management Plan as a Research Natural Area.
(C) Administrative responsibility.--The Secretary shall be responsible for meeting all substantive and any procedural requirements necessary to complete the exchange and the conveyance of the eligible land.
(6) Terms and conditions.-- (A) Equal value.--The values of the Federaleligible land and State land exchanged under this subsection shall be equal, except that the Secretary concerned may-- (i) exchange land that is of approximately equal value if such an exchange complies with the requirements of section 206(h) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
(B) Impacts on local governments.--In selectingidentifying publiceligible land to offerbe toexchanged with the State, the Secretary concerned and the State may-- (i) consider the financial impacts of exchanging specific Federaleligible land on local governments;
(C) Existing authorizations.-- (i) FederalEligible land transferredconveyed to the state.-- (I) In general.--Any Federaleligible land transferredconveyed to the State under this subsection shall be conveyed subject to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of- way requests an earlier termination in accordance with existing law.
(ii) State land transferredconveyed to the united states.-- (I) In general.--Any State land transferredconveyed to the United States under this subsection shall be conveyed and taken into trust for the benefit of the Fort Belknap Indian Community subject shall be to any valid existing rights, contracts, leases, permits, and rights-rights-of-way, of-way, unless the holder of the right, contract, lease, permit, or right-of- way requests an earlier termination in accordance with existing law.
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(II) Assumption by bia.--Thebureau of indian affairs.--The Bureau of Indian Affairs shall-- (aa) assume all benefits and obligations of the State under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I);
(BB) 10 acres in the E\1/2\,E\1/2\ , E\1/2\, W\1/2\, W\1/2\, NE\1/ 4\;
(C) Foreclosed department of agriculture land.--Any Department of Agriculture trust land within the Reservation that has been or is converted to fee land, judicially foreclosed on, and acquired by the United States.
(ii) Assumption by bia.--Thebureau of indian affairs.--The Bureau of Indian Affairs shall-- (I) assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, and rights-of-way described in clause (i);
(D) Limitation on the transfer of water rights.-- Water rights that transfer with the land described in paragraph (2) shall not become part of the Tribal water rights.rights, unless those rights are recognized and ratified in the Compact.
(C) No new reservation of federal water rights.-- Nothing in this paragraph establishes a new reservation in favor of the United States or the Fort Belknap Indian Community with respect to any water or water right on the land withdrawn by paragraphthis (2).paragraph.
(c) Allocation Agreement.-- (1) In general.--As a condition of receiving anthe allocation under this section, the Fort Belknap Indian Community shall enter into an agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the Compact and this Act.
andor (2) the Secretary-- (A) has expended all of the available funding provided pursuant to section 14(a)(1)(D) to rehabilitate the StSt. Mary Canal and enlarge the Dodson South Canal;
Mary Canal and enlarge the Dodson South Canal;
(a) In General.--Subject to the availability of appropriations, the Secretary, acting through the Assistant Secretary for Indian Affairs, shall rehabilitate, modernize, and expand the Fort Belknap Indian Irrigation Project, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled ``Fort Belknap Indian Community Comprehensive Water Development Plan'' and dated February 2019, which shall include-- (1) planning, studies, and designing of the existing and expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project;
and (3) construction of the expanded Milk River Project,unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project.
(b) Lead Agency.--The Bureau of Indian AffairsAffairs, in coordination with the Bureau of Reclamation, shall serve as the lead agency with respect to any activities carried out under this section.
(f) Administration.--The Assistant Secretary of Indian Affairs and the Fort Belknap Indian Community shall negotiate the cost of any oversight activity carried out by the Bureau of Indian Affairs or the Bureau of Reclamation under any agreement entered into under subsection (i),(j), subject to the condition that the total cost for the oversight shall not exceed 3 percent of the total project costs for each project.
(g) Project Efficiencies.--IfManagement theCommittee.--Not totallater costthan of1 planning,year studies,after design,the rehabilitation,date modernization,of andenactment constructionof activitiesthis relatingAct, to the projectsSecretary describedshall infacilitate subsectionthe (a)formation resultsof ina costproject savingsmanagement andcommittee iscomposed lessof thanrepresentatives of the amountsBureau authorizedof toIndian beAffairs, obligated, the Secretary,Bureau atof theReclamation, requestand of the Fort Belknap Indian Community,Community-- shall(1) depositto thosereview savingsand inmake therecommendations therelating Fortto Belknapcost Indianfactors, Communitybudgets, Waterand Resourcesimplementing andthe Wateractivities Rightsfor Administration,rehabilitating, Operation,modernizing, and Maintenanceexpanding Accountthe establishedFort underBelknap sectionIndian 12(b)(2).Irrigation Project;
(h)and Treatment.--Any(2) activities carried out pursuant to thisimprove sectionmanagement that result in improvements, additions, or modifications to the Fort Belknap Indian Irrigation Project shall-- (1) become a part of theinherently Fortgovernmental Belknapactivities Indianthrough Irrigationenhanced Project;communication.
(h) Project Efficiencies.--If the total cost of planning, studies, design, rehabilitation, modernization, and construction activities relating to the projects described in subsection (a) results in cost savings and is less than the amounts authorized to be obligated, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under section 12(b)(2).
(i) Treatment.--Any activities carried out pursuant to this section that result in improvements, additions, or modifications to the Fort Belknap Indian Irrigation Project shall-- (1) become a part of the Fort Belknap Indian Irrigation Project;
(i)(j) Applicability of ISDEAA.--At the request of the Fort Belknap Indian Community, and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C.
(j)(k) Effect.--Nothing in this section-- (1) alters any applicable law under which the Bureau of Indian Affairs collects assessments or carries out the operations and maintenance of the Fort Belknap Indian Irrigation Project;
(k)(l) Satisfaction of Fort Belknap Indian Irrigation Project System Requirement.--The obligations of the Secretary under subsection (a) shall be deemed satisfied if--if (1) the SecretarySecretary-- (1) has rehabilitated, modernized, and expanded the Fort Belknap Indian Irrigation Project in accordance with subsection (a);
or (2)(2)(A) the Secretary-- (A) has expended all of the available funding provided pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 14(a);
(iii) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructureinfrastructure) within the State;
(5) all claims relating to the enforcement of thethis Act, including the required transfer of land under section 6;
(4) the Secretary and the Fort Belknap Indian Community have executed anthe allocation agreement described in section 7(c)(1);
(1) Fort belknap indian community tribal irrigation and other water resources development account.--Amounts in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1) shall be used to pay the cost of activities relating to-- (A) planning, studies, and design of the Southern Tributary Irrigation Project and the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir, as generally described in the Fortdocument of Natural Resources Consulting Engineers, Inc., entitled ``Fort Belknap Indian Community Comprehensive Water Development PlanPlan'' and dated February 2019;
and (F) on farm development support and reacquisition of fee lands within the Fort Belknap Indian Irrigation Project.Project and Fort Belknap Indian Community irrigation projects within the Reservation.
(C) Only investment earnings, including interest, on $28,331,693 shall be used and be available to pay the costs of activities relating to a portion of the annual assessment costs for the Fort Belknap Indian Community and Tribal members, including allottees, under the Fort Belknap Indian Irrigation Project.Project and Fort Belknap Indian Community irrigation projects within the Reservation.
(3) Fort belknap indian community clean and safe domestic water and sewer systems, and lake elwell project account.-- Amounts in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities relating to-- (A) planning, studies, design, and designenvironmental compliance of domestic water supply, and sewer collection and treatment systems, and Lake Elwell Project, as generally described in the Fortdocument of Natural Resources Consulting Engineers, Inc., entitled ``Fort Belknap Indian Community Comprehensive Water Development PlanPlan'' and dated February 2019, including the Lake Elwell Project water delivery to the southern part of the Reservation;
and (D) planning, studies, design, environmental compliance, and construction of a Tribal wellness center for a work force health and wellbeing project.
(l) Effect.--Nothing in this Act entitles the Fort Belknap Indian Community to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan under paragraphsubsection (1)(f)(1) or an expenditure plan under paragraphsubsection (2),(f)(2), except as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act'').
(d) Uses.-- (1) Fort belknap indian irrigation project system account.--The Fort Belknap Indian Irrigation Project Rehabilitation Account established under subsection (b)(1) shall be used to carry out section 9, except as provided in subsection (g)(h) of that section.
(B) for deposit in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 12(b)(3), $157,371,593,$331,885,220, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury;
and (iv) in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 13(b)(1), $228,717,684.$228,707,684.
(B) Availability.--Amounts deposited in the Trustaccounts Fund under subparagraph (A) shall be available without further appropriation.
<all>Passed the Senate June 20, 2024.
Attest:
Secretary.
118th CONGRESS 2d Session S.
1987 _______________________________________________________________________ AN ACT To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
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View plain text versions (2)
- Engrossed Engrossed in Senate Current html June 20, 2024
- Introduced Introduced in Senate html June 14, 2023
Action History
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Introduced in Senate
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Read twice and referred to the Committee on Indian Affairs.
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Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 118-120.
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Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
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Senate Committee on Indian Affairs discharged by Unanimous Consent.
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Senate Committee on Indian Affairs discharged by Unanimous Consent.
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Measure laid before Senate by unanimous consent. (consideration: CR S4172)
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Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S4188-4198)
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Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S4188-4198)
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Message on Senate action sent to the House.
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Received in the House.
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Held at the desk.
Sponsors
- Jon Tester · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Tester, Jon Democratic
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors S 1987?
- S 1987 is sponsored by Tester, Jon (Democratic).
- What is the current status of S 1987?
- This bill died with 118th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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