Sec. 14. Miscellaneous provisions
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Section 9 of the Act of April 23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter 216), 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 following: The irrigation and power diversions of the Flathead Indian irrigation project (as defined in section 3 of the . Salish and Kootenai Water Rights Settlement Act of 2016 ) shall be held in trust for the benefit of the Confederated Salish and Kootenai Tribes Section 2 of the Act of May 25, 1948 (62 Stat. 269, chapter 340), is amended— by striking paragraph
(6)of subsection
(h)and inserting the following: To enhance fisheries habitat or to improve water conservation management of the project. ; and by adding at the end the following: The Secretary of the Interior (referred to in this section as the Secretary ), or the Tribes (as defined in section 3 of the Salish and Kootenai Water Rights Settlement Act of 2016 ) acting on behalf of the Secretary, as the entity with the legal authority and responsibility to operate the Mission Valley division of the project (referred to in this subsection as the project operator ), may allocate revenues derived from the Mission Valley division in accordance with paragraph
(2)for the purposes described in subsection (h)(6). Subject to subparagraphs
(B)and (C), the revenues described in paragraph
(1)shall be allocated by providing $100,000 to the Tribes and $100,000 to the project operator. After the period of 10 fiscal years following the date of enactment of the Salish and Kootenai Water Rights Settlement Act of 2016 , the Tribes, the State of Montana, and the Secretary may negotiate for an appropriate allocation that differs from the allocation described in subparagraph (A). If the project operator does not use the full allocation of the project operator under this paragraph for a fiscal year, 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 (h)(6). . Section 403(b)(4) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 458cc(b)(4) ) is amended— in subparagraph (A), by adding at the end the following: and ; in subparagraph (B), by striking and at the end; and by striking subparagraph (C). Except as provided in subsections
(a)through
(c)of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 ), nothing in this Act waives the sovereign immunity of the United States. Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian tribe other than the Tribes. With respect to Indian land located within the Reservation— 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 Compact; and no assessment of the Indian land shall be made regarding that cost. The United States shall have no obligation— to monitor, administer, or account for, in any manner, any funds provided to the Tribes by the State; or to review or approve any expenditure of those funds. The Tribes shall indemnify the United States, and hold the United States harmless, with respect to all claims (including claims for takings or breach of trust) arising from the receipt or expenditure of amounts to carry out this Act. The United States shall not be liable for any failure to carry out any obligation or activity under this Act (including any obligation or activity under the Compact) if insufficient amounts are made available to carry out this Act— by Congress expressly to carry out this Act; or in the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ). If insufficient amounts are made available to carry out this Act for a fiscal year, 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 obligated. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any activity or function carried out by the Secretary under this Act.
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- 33 Stat. 304
- 35 Stat. 450
- 62 Stat. 269
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cites case law
Sec. 14
Miscellaneous provisions
Stat.33 Stat. 304
Stat.35 Stat. 450
Stat.62 Stat. 269
Cites 6Cited by 0 across 0 sources