Sec. 5. Tribal water rights

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The Tribal water rights are ratified, confirmed, and declared to be valid. Any use of the Tribal water rights shall be subject to the terms and conditions of the Compact and this Act. In the event of a conflict between the Compact and this Act, this Act shall control. It is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits the allottees possess on the day before the date of enactment of this Act, taking into consideration— the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this Act; the availability of funding under this Act and from other sources; the availability of water from the Tribal water rights; and the applicability of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ) and this Act to protect the interests of allottees.

The Tribal water rights— shall be held in trust by the United States for the use and benefit of the Fort Belknap Indian Community in accordance with this Act; and shall not be subject to forfeiture or abandonment. The provisions of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), relating to the use of water for irrigation purposes, shall apply to the Tribal water rights. Any entitlement to the use of water of an allottee under Federal law shall be satisfied from the Tribal water rights.

An allottee shall be entitled to a just and equitable allocation of water for irrigation purposes. Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), or any other applicable law, an allottee shall exhaust remedies available under the Tribal water code or other applicable Tribal law. After the exhaustion of all remedies available under the Tribal water code or other applicable Tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), or other applicable law.

The Secretary shall have the authority to protect the rights of allottees in accordance with this section. The Fort Belknap Indian Community shall— govern the use of the Tribal water rights pursuant to Tribal law and applicable Federal law; and have— administrative, regulatory, and adjudicatory authority over all Tribal water rights, including the authority to allocate, distribute, use, and temporarily transfer by service contract, lease, exchange, or other agreement the Tribal water rights for any use on the Reservation; and subject to the approval of the Secretary, the authority to voluntarily allocate, distribute, use, and temporarily transfer by service contract, lease, exchange, or other agreement the Tribal water rights off the Reservation within the Missouri River Basin.

If applicable State and Federal laws are amended or expanded after the date of enactment of this Act to authorize water users to transfer water rights interbasin, interstate, or internationally, the Compact shall be amended to recognize, and this Act shall recognize, the right and authority of the Fort Belknap Indian Community to temporarily transfer Tribal water rights of the Fort Belknap Indian Community to the same extent permissible for State-based and other water rights users.

A service contract, lease, exchange, or other agreement referred to in subclauses

(I)and

(II)of paragraph (1)(A)(ii)— shall be for a term of not more than 100 years; may include provisions for renewal of the agreement for an additional term of not more than 100 years; and shall not permanently alienate any portion of the Tribal water rights. Notwithstanding paragraph (1), an allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to the interest in land, in accordance with the Tribal water code. In accordance with the right of the Fort Belknap Indian Community to choose to limit the development and use of the Tribal water rights by the Fort Belknap Indian Community and to allow the water of the Tribal water rights to pass through the priority system to be diverted by a third party for compensation, as negotiated by the Fort Belknap Indian Community, the deferral or forbearance of the use of Tribal water rights shall be permissible. The deferral or forbearance of the use of the Tribal water rights under subparagraph

(A)shall not be considered to be— a transfer of the Tribal water rights off the Reservation under paragraph (1)(A)(ii)(II); or a transfer of title of the Tribal water rights. Notwithstanding article IV.A.2. 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 10(f)(1), the Fort Belknap Indian Community shall enact a Tribal water code that— is consistent with the Compact and this Act; and provides for— the administration, management, regulation, enforcement, and governance, including adjudicatory jurisdiction, of the Tribal water rights and all uses of the Tribal water rights; and the establishment by the Fort Belknap Indian Community of the conditions, permit requirements, and other requirements for the allocation, distribution, and use of the Tribal water rights, including irrigation, livestock, domestic, commercial, municipal, industrial, cultural, and recreational uses. Subject to paragraph (3)(B)(i), the Tribal water code shall— provide that use of water by allottees shall be satisfied with water from the Tribal water rights; provide for a process by which an allottee may request that the Fort Belknap Indian Community provide water for irrigation use in accordance with this Act, including the provision of water under any allottee lease under section 4 of the Act of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403 ); provide for a due process system that includes a process by which the Fort Belknap Indian Community can resolve disputes, including a process for the resolution of— any contested administrative decision, including any denial of a request for an allocation of water from the Tribal water rights by— an allottee for irrigation purposes on allotted land; a successor-in-interest to an allottee; any other member of the Fort Belknap Indian Community; or an owner of fee land within the boundaries of the Reservation; and the appeal and adjudication of administrative decisions under clause

(i)and any denied or disputed distribution of water; and include a requirement that— any allottee asserting a claim relating to the enforcement of rights of the allottee under the Tribal water code, including to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under Tribal law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4); and any other Tribal water user asserting a claim relating to the enforcement of rights under the Tribal water code shall exhaust all remedies available under Tribal law. During the period beginning on the date of enactment of this Act and ending on the date on which a Tribal water code described in paragraphs

(1)and

(2)is enacted, the Secretary shall administer the Tribal water rights, including with respect to the rights of allottees, in accordance with this Act. The Tribal water code described in paragraphs

(1)and

(2)shall not be valid unless— the provisions of the Tribal water code required by paragraph

(2)are approved by the Secretary; and each amendment to the Tribal water code that affects a right of an allottee is approved by the Secretary. The Secretary shall— approve or disapprove the Tribal water code or an amendment to the Tribal water code by not later than 180 days after the date on which the Tribal water code or amendment to the Tribal water code is submitted to the Secretary; and notify the Fort Belknap Indian Community of the decision of the Secretary by not later than 15 days after the date on which the Secretary makes the decision. If the Secretary does not approve or disapprove the Tribal water code or amendment to the Tribal water code and notify the Fort Belknap Indian Community by the applicable deadlines described in clause (i), the Tribal water code or amendment to the Tribal water code shall be deemed to be approved. If the Secretary disapproves the Tribal water code or amendment to the Tribal water code, the Secretary, in consultation with the Fort Belknap Indian Community, shall have 90 days to resolve the basis for the disapproval, and if the basis for the disapproval has not been resolved by that date, the Tribal water code shall be deemed approved. The deadlines described in clauses (i)(I) and

(iii)may be extended by the Secretary with the agreement of the Fort Belknap Indian Community. The Fort Belknap Indian Community shall not permanently alienate any portion of the Tribal water rights. An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes ( 25 U.S.C. 177 ). The non-use of all or any portion of the Tribal water rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss by the Fort Belknap Indian Community of all or any portion of the Tribal water rights. Except as otherwise expressly provided in this section, nothing in this Act— authorizes any action by an allottee against any individual or entity, or against the Fort Belknap Indian Community, under Federal, State, Tribal, or local law; or alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code. The Secretary, in cooperation with the Secretary of Energy, shall make available, at project use power pumping preferred rates established as of the date of enactment of this Act, Pick-Sloan Missouri River Basin Program pumping power to not more than 37,425 net acres under irrigation pursuant to projects of the Fort Belknap Indian Community.

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