Sec. 13. Miscellaneous provisions
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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, band, or community other than the Fort Belknap Indian Community. The Secretary shall cancel and eliminate all debts or liens against the allotments of land held by the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community due to construction assessments, annual operation and maintenance charges, and any other charge that may have been levied relating to an irrigation project of the Secretary for the Fort Belknap Indian Community. Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. The activities carried out by the Commissioner under this Act shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws, including— the Reclamation Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq.); and the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991). Nothing in this Act prohibits the Fort Belknap Indian Community from seeking— additional funds for Tribal programs or purposes; or funding from the United States or the State based on the status of the Fort Belknap Indian Community as an Indian Tribe. Except as provided in section 1 of article III of the Compact (relating to the closing of certain water basins in the State to new appropriations in accordance with the laws of the State), nothing in this Act or the Compact precludes the acquisition or exercise of a right arising under State law (as defined in section 6 of article II of the Compact) to the use of water by the Fort Belknap Indian Community, or a member or allottee of the Fort Belknap Indian Community, outside the Reservation by— purchase of the right; or submitting to the State an application in accordance with State law. Nothing in this Act or the Compact prevents the Fort Belknap Indian Community from participating in any project to import water to, or improve storage in, the Milk River. In this subsection, the term Little Rockies Mountains means the mountains that— form the southern boundary of the Reservation; and are sacred and culturally significant to the Fort Belknap Indian Community. Nothing in the Compact or this Act limits— the authority of the United States, the State, or the Fort Belknap Indian Community to enforce any Federal, State, or Tribal law (including common law) relating to the protection of the environment; or any claim of the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, or an allottee, or of the United States, acting on behalf of the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, or an allottee, for— damage to water quality caused by mining activities in the Little Rockies Mountains; or depletion in surface flows or groundwater on the southern end of the Reservation. The Secretary, acting through the Director of the Bureau of Indian Affairs and the Commissioner, shall provide assistance with— the planning, design, and construction of— the Fort Belknap water supply infrastructure; the Fort Belknap Indian Irrigation Rehabilitation Project; and the restoration of historic irrigation projects within the boundaries of the Reservation; and any environmental compliance activities necessary in the development and construction of a project under this Act. The Secretary, acting through the Director of the Bureau of Indian Affairs and the Commissioner, in consultation with the Fort Belknap Indian Community and the State, shall carry out 1 or more studies— to determine the feasibility (and, if feasible, the design) of a water supply and wastewater treatment system for the Fort Belknap Indian Community; and if a project to be developed and constructed under this Act is associated with, affected by, or located within the same river basin as a Federal reclamation project in existence on the date of enactment of this Act— to determine the environmental impact of the project; and to ensure environmental compliance in the development and construction of the project. The Secretary may enter into 1 or more cooperative agreements with the State and the Fort Belknap Indian Community to carry out a study described in subparagraph
(A)if the Secretary determines that a cooperative agreement would be cost-effective and efficient. The Federal Government shall continue to hold title to any designated works constructed for the Fort Belknap Indian Community pursuant to this Act until such time as all of the following conditions have been met: Construction is completed. The designated constructed works are in operation and functioning according to standards of the relevant Federal agency responsible for the works. The Secretary has implemented a process for the management and transfer of the designated constructed works that includes— organizational development; completion of irrigation system infrastructure, rehabilitation, and improvement; and agricultural development (such as extension services), including— completion of a training program for employees designated by the Fort Belknap Indian Community; and a determination by the Fort Belknap Indian Community and the relevant Federal agency that the employees that completed the training program under clause
(i)are competent to assume partial or all operational and maintenance responsibilities for the constructed works to be transferred. The Fort Belknap Indian Community Council has agreed to the transfer of the title for the designated constructed works to the Fort Belknap Indian Community with the assumption of all responsibilities for that designated constructed works. After the transfer of title to the Fort Belknap Indian Community, the United States shall have no further responsibilities for the operation and maintenance of the designated constructed works. If any provision of this Act conflicts with a provision of the Compact, this Act shall prevail.
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- Pub. L. 111-11
- 123 Stat. 991
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