Sec. 7. Irrigation activities
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The Tribes may carry out the following activities relating to the Flathead Indian irrigation project, in coordination with the Bureau of Indian Affairs: Rehabilitation of structures, canals, and pumping facilities, including dam safety improvements, irrigation facility upgrades that improve water management and operational control at irrigation diversion works, irrigation facility upgrades to reduce losses in conveyance of water from irrigation sources of supply to irrigation points of use, planning, design, and construction of additional pumping facilities, operational improvements to infrastructure within the distribution network of the Flathead Indian irrigation project, and reconstruction, replacement, and automation at irrigation diversion works, lining of open canals, and placement of open canals in pipe.
Mitigation, reclamation, and restoration of streams, wetlands, banks, slopes, and wasteways within, appurtenant to, or affected by the Flathead Indian irrigation project. Acquisition, in accordance with subsection (e), of easements or other interests in real property necessary to carry out any activity under this section. Prior to the commencement of any construction activity under subsection (a), the Tribes shall perform appropriate Federal environmental compliance activities relating to the activity.
Any activities carried out pursuant to subsection
(a)that result in improvements, additions, or modifications to the Flathead Indian irrigation project, including the acquisition of any real property interest, shall— become a part of the Flathead Indian irrigation project; and be recorded in the inventory of the Secretary relating to the Flathead Indian irrigation project. On request of the Secretary, the Tribes shall grant, at no cost to the United States, such easements and rights-of-way over Tribal land as are necessary for construction relating to an activity under this section. An easement or right-of-way granted by the Tribes pursuant to subparagraph
(A)shall not affect in any respect the civil or criminal jurisdiction of the Tribes over the easement or right-of-way. In partial consideration for the construction activities authorized by this section, and as a condition of receiving service from the Flathead Indian irrigation project or the Mission Valley Power Project, a landowner shall grant, at no cost to the United States or the Tribes, such easements and rights-of-way over the land of the landowner as may be necessary for— a construction activity authorized by this section; or the operation and maintenance of— the Flathead Indian irrigation project; or the Mission Valley Power Project. Any land acquired within the boundaries of the Reservation by the United States on behalf of the Tribes, or by the Tribes on behalf of the Tribes, in connection with the purposes of this Act shall be held in trust by the United States for the benefit of the Tribes. On receipt of a joint request from the Tribes and one or more irrigation districts within the Flathead Indian irrigation project, 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 project, or any portion of the Flathead Indian irrigation project. In lieu of entering into an agreement under paragraph (1), 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 ( 25 U.S.C. 5301 et seq.). An organization established pursuant to subparagraph
(A)shall be considered to be a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) for purposes of that Act. Nothing in this section— 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 project; or impacts the availability of amounts under section 9. The source of the water for the Flathead Indian irrigation project shall be determined in accordance with article II(32) of the Compact as— consisting of the water right set forth in article III.C.1.a of the Compact; including any use of water for irrigation and incidental purposes pursuant to an applicable water service contract; and considered to be the source for the entitlement to delivery of available irrigation water for the assessed parcels, in accordance with article IV.D.2 of the Compact.
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