Sec. 6. Exchange and transfer of public land into trust
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In partial satisfaction of claims relating to Indian water rights covered by this Act, the Fort Belknap Indian Community agrees to the exchange and transfer of land in accordance with this subsection. The Secretary shall offer to enter into negotiations with the State for the purpose of exchanging Federal land described in paragraph
(3)for the following parcels of land owned by the State, located on and off of the Reservation: 717.56 acres in T. 26 N., R. 22 E., sec. 16. 707.04 acres in T. 27 N., R. 22 E., sec. 16. 640 acres in T. 27 N., R. 21 E., sec. 36. 640 acres in T. 25 N., R. 22 E., sec. 16. 600 acres in T. 27 N., R. 20 E., sec. 36, comprised of— 160 acres in the SE 1/4 ; 160 acres in the SW 1/4 ; 160 acres in the NW 1/4 ; 80 acres in the S 1/2 of the NE 1/4 ; and 40 acres in the NW 1/4 of the NE 1/4 . 640 acres in T. 27 N., R. 21 E., sec. 16. 640 acres in T. 28 N., R. 21 E., sec. 27. 639.04 acres in T. 28 N., R. 22 E., sec. 16. 73.36 acres in T. 29 N., R. 22 E., sec. 16, comprised of— 18.09 acres in lot 1; 18.25 acres in lot 2; 18.43 acres in lot 3; and 18.59 acres in lot 4. 58.72 acres in T. 30 N., R. 22 E., sec. 16, comprised of— 14.49 acres in lot 9; 14.61 acres in lot 10; 14.75 acres in lot 11; and 14.87 acres in lot 12. 640 acres in T. 29 N., R. 22 E., sec. 8. 400 acres in T. 29 N., R. 22 E., sec. 17, comprised of— 320 acres in the N 1/2 ; and 80 acres in the N 1/2 of the SW 1/4 . 120 acres in T. 29 N., R. 22 E., sec. 18, comprised of— 80 acres in the E 1/2 of the NE 1/4 ; and 40 acres in the NE 1/4 of the SE 1/4 . 640 acres in T. 26 N., R. 23 E., sec. 16. 640 acres in T. 26 N., R. 23 E., sec. 36. 640 acres in T. 26 N., R. 26 E., sec. 16. 640 acres in T. 26 N., R. 22 E., sec. 36. 640 acres in T. 26 N., R. 24 E., sec. 16. 640 acres in T. 27 N., R. 23 E., sec. 16. 640 acres in T. 27 N., R. 25 E., sec. 36. 640 acres in T. 28 N., R. 22 E., sec. 36. 640 acres in T. 28 N., R. 23 E., sec. 16. 640 acres in T. 28 N., R. 24 E., sec. 36. 640 acres in T. 28 N., R. 25 E., sec. 16. 640 acres in T. 28 N., R. 25 E., sec. 36. 640 acres in T. 28 N., R. 26 E., sec. 16. 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act, comprised of— 30.68 acres in lot 5; 26.06 acres in lot 6; 21.42 acres in lot 7; and 16.8 acres in lot 8. 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding the 73.36 acres under lease by Ben Hofeldt, et al., on the date of enactment of this Act. 640 acres in T. 29 N., R. 22 E., sec. 36. 640 acres in T. 29 N., R. 23 E., sec. 16. 640 acres in T. 29 N., R. 24 E., sec. 16. 640 acres in T. 29 N., R. 24 E., sec. 36. 640 acres in T. 29 N., R. 25 E., sec. 16. 640 acres in T. 29 N., R. 25 E., sec. 36. 640 acres in T. 29 N., R. 26 E., sec. 16. 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding the 58.72 acres under lease by Walter and Amelia Funk on the date of enactment of this Act. 640 acres in T. 30 N., R. 22 E., sec. 36. 640 acres in T. 30 N., R. 23 E., sec. 16. 640 acres in T. 30 N., R. 23 E., sec. 36. 640 acres in T. 30 N., R. 24 E., sec. 16. 640 acres in T. 30 N., R. 24 E., sec. 36. 640 acres in T. 30 N., R. 25 E., sec. 16. 275.88 acres in T. 30 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act. 640 acres in T. 31 N., R. 22 E., sec. 36. 640 acres in T. 31 N., R. 23 E., sec. 16. 640 acres in T. 31 N., R. 23 E., sec. 36. 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4. 543.84 acres in T. 28 N., R. 26 E., sec. 36, comprised of— 9.15 acres in lot 1; 13.69 acres in lot 2; 18.23 acres in lot 3; 22.77 acres in lot 4; 40 acres in the NE 1/4 of the NE 1/4 ; 40 acres in the NE 1/4 of the NW 1/4 ; 40 acres in the NE 1/4 of the SE 1/4 ; 40 acres in the NE 1/4 of the SW 1/4 ; 40 acres in the NW 1/4 of the NE 1/4 ; 40 acres in the NW 1/4 of the SE 1/4 ; 40 acres in the SE 1/4 of the NE 1/4 ; 40 acres in the SE 1/4 of the NW 1/4 ; 40 acres in the SE 1/4 of the SE 1/4 ; 40 acres in the SE 1/4 of the SW 1/4 ; 40 acres in the SW 1/4 of the NE 1/4 ; and 40 acres in the SW 1/4 of the SE 1/4 . 369.36 acres in T. 30 N., R. 26 E., sec. 36, comprised of— 45.82 acres in lot 1; 10.16 acres in lot 2; 14.52 acres in lot 3; 18.86 acres in lot 4; 40 acres in the NE 1/4 of the NE 1/4 ; 40 acres in the SW 1/4 of the NE 1/4 ; 40 acres in the SE 1/4 of the NE 1/4 ; 40 acres in the NE 1/4 of the SE 1/4 ; 40 acres in the NW 1/4 of the SE 1/4 ; 40 acres in the SE 1/4 of the SE 1/4 ; and 40 acres in the SW 1/4 of the SE 1/4 . Notwithstanding any other provision of law, subject to subparagraph (B), for purposes of a land exchange under this subsection, the Secretary may exchange any Federal land within 100 miles of the Reservation. A land exchange under subparagraph
(A)shall be completed by not later than 15 years after the date of enactment of this Act. The Secretary shall negotiate with the State using the roughly equivalent theory of valuation of any Federal land exchanged for State land. Unless the Secretary and the State specifically agree otherwise, each land exchange under this subsection shall be on a whole-estate for whole-estate basis. Subject to clause (ii), any use (including grazing) authorized under a valid lease, permit, or right-of-way on land exchanged under this subsection, as in effect on the date of the transfer, shall remain in effect until the date on which the lease, permit, or right-of-way expires. Clause
(i)shall not apply if the holder of the lease, permit, or right-of-way requests an earlier termination of the lease, permit, or right-of-way in accordance with applicable law. Any improvements constituting personal property (as defined by State law) on land exchanged under this subsection by the holder of the lease, permit, or right-of-way shall remain the property of the holder and shall be removed not later than 90 days after the date on which the lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. Notwithstanding paragraph (3)(B), if, at any time after the date of enactment of this Act, the Fort Belknap Indian Community Council enters into a lease for any other State parcel or secures the written consent of each lessee of any other State parcel to the exchange of that parcel, the other State parcel shall be eligible for exchange and transfer under this subsection. The total quantity of State land located within the boundaries of the Reservation that shall be exchanged and transferred under this subsection is 20,296.1 acres. The total quantity of State land located outside of the boundaries of the Reservation that shall be exchanged and transferred under this subsection is 7,413 acres. In partial satisfaction of claims relating to Indian water rights covered by this Act, the Fort Belknap Indian Community agrees to the transfer of land in accordance with this subsection. Subject to subparagraphs
(B)and (C), on selection and request by the Fort Belknap Indian Community, the Secretary shall restore all Federal land within the parcels described in paragraph
(3)to the Fort Belknap Indian Community by transfer to the United States, to be held in trust for the benefit of the Fort Belknap Indian Community. Any land subject to valid existing private rights, including land subject to sections 2318 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 21 et seq.), shall not be transferred under subparagraph (A). Any road within a parcel described in paragraph
(3)that is necessary for customary access to a fee parcel by the fee owner or another private right shall be continued with guaranteed access to the fee parcel or private right through an easement at the expense of the fee owner or owner of the private right. The parcels referred to in paragraph
(2)are the following: 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised of— 19.55 acres in lot 10; 19.82 acres in lot 11; and 20.09 acres in lot 16. 324.24 acres in the N 1/2 of T. 25 N., R. 22 E., sec. 5. 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised of— 41.11 acres in the E 1/4 of the NE 1/4 ; and 362.45 acres in the S 1/2 . 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised of— 18.06 acres in lot 5; 18.25 acres in lot 6; 18.44 acres in lot 7; and 15.88 acres in lot 8. 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised of— 17.65 acres in lot 5; 17.73 acres in lot 6; 17.83 acres in lot 7; and 17.91 acres in lot 8. 81.73 acres in T. 25 N., R. 22 E., sec. 15, comprised of— 29.50 acres in lot 7; 17.28 acres in lot 8; 17.41 acres in lot 9; and 17.54 acres in lot 10. 160 acres in T. 26 N., R. 21 E., sec. 1, comprised of— 80 acres in the S 1/2 of the NW 1/4 ; and 80 acres in the W 1/2 of the SW 1/4 . 567.50 acres in T. 26 N., R. 21 E., sec. 2, comprised of— 82.54 acres in the E 1/2 of the NW 1/4 ; 164.96 acres in the NE 1/4 ; and 320 acres in the S 1/2 . 240 acres in T. 26 N., R. 21 E., sec. 3, comprised of— 40 acres in the SE 1/4 of the NW 1/4 ; 160 acres in the SW 1/4 ; and 40 acres in the SW 1/4 of the SE 1/4 . 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of— 80 acres in the E 1/2 of the SE 1/4 ; and 40 acres in the NW 1/4 of the SE 1/4 . 200 acres in T. 26 N., R. 21 E., sec. 5, comprised of— 160 acres in the SW 1/4 ; and 40 acres in the SW 1/4 of the NW 1/4 . 40 acres in the SE 1/4 of the SE 1/4 of T. 26 N., R. 21 E., sec. 6. 240 acres in T. 26 N., R. 21 E., sec. 8, comprised of— 40 acres in the NE 1/4 of the SW 1/4 ; 160 acres in the NW 1/4 ; and 40 acres in the NW 1/4 of the SE 1/4 . 320 acres in the E 1/2 of T. 26 N., R. 21 E., sec. 9. 640 acres in T. 26 N., R. 21 E., sec. 10. 600 acres in T. 26 N., R. 21 E., sec. 11, comprised of— 320 acres in the N 1/2 ; 80 acres in the N 1/2 of the SE 1/4 ; 160 acres in the SW 1/4 ; and 40 acres in the SW 1/4 of the SE 1/4 . 513.49 acres in T. 26 N., R. 22 E., sec. 21, comprised of— 160 acres in the NW 1/4 ; and 353.49 acres in the S 1/2 . 719.58 acres in T. 26 N., R. 22 E., sec. 28. 560 acres in T. 26 N., R. 22 E., sec. 29, comprised of— 320 acres in the N 1/2 ; 160 acres in the N 1/2 of the S 1/2 ; and 80 acres in the S 1/2 of the SE 1/4 . 400 acres in T. 26 N., R. 22 E., sec. 32, comprised of— 320 acres in the S 1/2 ; and 80 acres in the S 1/2 of the NW 1/4 . 455.51 acres in T. 26 N., R. 22 E., sec. 33, comprised of— 58.25 acres in lot 3; 58.5 acres in lot 4; 58.76 acres in lot 5; 40 acres in the NW 1/4 of the NE 1/4 ; 160 acres in the SW 1/4 ; and 80 acres in the W 1/2 of the SE 1/4 . 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised of— 24.36 acres in lot 1; 24.35 acres in lot 2; and 40 acres in the SW 1/4 of the SW 1/4 . 97.40 acres in T. 27 N., R. 21 E., sec. 2, comprised of— 24.34 acres in lot 1; 24.35 acres in lot 2; 24.35 acres in lot 3; and 24.36 acres in lot 4. 168.72 acres in T. 27 N., R. 21 E., sec. 3, comprised of— 24.36 acres in lot 1; 24.36 acres in lot 2; 40 acres in lot 8; 40 acres in lot 11; and 40 acres in lot 12. 80 acres in T. 27 N., R. 21 E., sec. 11, comprised of— 40 acres in the NW 1/4 of the SW 1/4 ; and 40 acres in the SW 1/4 of the NW 1/4 . 200 acres in T. 27 N., R. 21 E., sec. 12, comprised of— 80 acres in the E 1/2 of the SW 1/4 ; 40 acres in the NW 1/4 of the NW 1/4 ; and 80 acres in the S 1/2 of the NW 1/4 . 38.87 acres in the NW 1/4 of the SW 1/4 of T. 27 N., R. 21 E., sec. 19. 40 acres in the SE 1/4 of the NE 1/4 of T. 27 N., R. 21 E., sec. 23. 320 acres in T. 27 N., R. 21 E., sec. 24, comprised of— 80 acres in the E 1/2 of the NW 1/4 ; 160 acres in the NE 1/4 ; 40 acres in the NE 1/4 of the SE 1/4 ; and 40 acres in the SW 1/4 of the SW 1/4 . 120 acres in T. 27 N., R. 21 E., sec. 25, comprised of— 80 acres in the S 1/2 of the NE 1/4 ; and 40 acres in the SE 1/4 of the NW 1/4 . 40 acres in the NE 1/4 of the SE 1/4 of T. 27 N., R. 21 E., sec. 26. 160 acres in the NW 1/4 of T. 27 N., R. 21 E., sec. 27. 40 acres in the SW 1/4 of the SW 1/4 of T. 27 N., R. 21 E., sec. 29. 40 acres in the SW 1/4 of the NE 1/4 of T. 27 N., R. 21 E., sec 30. 120 acres in T. 27 N., R. 21 E., sec. 33, comprised of— 40 acres in the SE 1/4 of the NE 1/4 ; and 80 acres in the N 1/2 of the SE 1/4 . 440 acres in T. 27 N., R. 21 E., sec. 34, comprised of— 160 acres in the N 1/2 of the S 1/2 ; 160 acres in the NE 1/4 ; 80 acres in the S 1/2 of the NW 1/4 ; and 40 acres in the SE 1/4 of the SE 1/4 . 133.44 acres in T. 27 N., R. 22 E., sec. 4, comprised of— 28.09 acres in lot 5; 25.35 acres in lot 6; 40 acres in lot 10; and 40 acres in lot 15. 160 acres in T. 27 N., R. 22 E., sec. 7, comprised of— 40 acres in the NE 1/4 of the NE 1/4 ; 40 acres in the NW 1/4 of the SW 1/4 ; and 80 acres in the W 1/2 of the NW 1/4 . 120 acres in T. 27 N., R. 22 E., sec. 8, comprised of— 80 acres in the E 1/2 of the NW 1/4 ; and 40 acres in the NE 1/4 of the SW 1/4 . 40 acres in the SW 1/4 of the NW 1/4 of T. 27 N., R. 22 E., sec. 9. 40 acres in the NE 1/4 of the SW 1/4 of T. 27 N., R. 22 E., sec. 17. 40 acres in the NW 1/4 of the NW 1/4 of T. 27 N., R. 22 E., sec. 19. 40 acres in the SE 1/4 of the NW 1/4 of T. 27 N., R22 E., sec. 20. 80 acres in the W 1/2 of the SE 1/4 of T. 27 N., R. 22 E., sec. 31. 52.36 acres in the SE 1/4 of the SE 1/4 of T. 27 N., R. 22 E., sec. 33. 40 acres in the NE 1/4 of the SW 1/4 of T. 28 N., R. 22 E., sec. 29. 40 acres in the NE 1/4 of the NE 1/4 of T. 26 N., R. 21 E., sec. 7. 40 acres in the SW 1/4 of the NW 1/4 of T. 26 N., R. 21 E., sec. 12. 42.38 acres in the NW 1/4 of the NE 1/4 of T. 26 N., R. 22 E., sec. 6. 320 acres in the E 1/2 of T. 26 N., R. 22 E., sec. 17. 80 acres in the E 1/2 of the NE 1/4 of T. 26 N., R. 22 E., sec. 20. 240 acres in T. 26 N., R. 22 E., sec. 30, comprised of— 80 acres in the E 1/2 of the NE 1/4 ; 80 acres in the N 1/2 of the SE 1/4 ; 40 acres in the SE 1/4 of the NW 1/4 ; and 40 acres in the SW 1/4 of the NE 1/4 . The parcels of approximately 3,519.3 acres of trust land that has been converted to fee land, judicially foreclosed on, and acquired by the Department of Agriculture described in clauses
(i)through (iii). The land described in this clause is 640 acres in T. 29 N., R. 26 E., comprised of— the SW 1/4 of sec. 27; the NE 1/4 of sec. 33; and the W 1/2 of sec. 34. The land described in this clause is 320 acres in the N 1/2 of T. 30 N., R. 23 E., sec. 28. The land described in this clause is 2,559.3 acres, comprised of— T. 28 N., R. 24 E., including— of sec. 16— the E 1/2 , W 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; the E 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; the E 1/2 , W 1/2 , NE 1/4 ; the W 1/2 , E 1/2 , NE 1/4 ; the W 1/2 , E 1/2 , E 1/2 , NE 1/4 ; the W 1/2 , W 1/2 , E 1/2 , E 1/2 , E 1/2 , NE 1/4 ; and the SE 1/4 ; all of sec. 21; the S 1/2 of sec. 22; and the W 1/2 of sec. 27; T. 29 N., R. 25 E., PMM, including— the S 1/2 of sec. 1; and the N 1/2 of sec. 12; 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2; T. 30 N., R. 26 E., PMM, including— 39.4 acres in sec. 3, lot 2; the SW 1/4 of the SW 1/4 of sec. 4; the E 1/2 of the SE 1/4 of sec. 5; the S 1/2 of the SE 1/4 of sec. 7; and the N 1/2 , N 1/2 , NE 1/4 of sec. 18; and T. 31 N., R. 26 E., PMM, the NW 1/4 of the SE 1/4 of sec. 31. The following parcels, known as the Grinnell Lands : 547.20 acres in T. 25 N., R. 24 E., sec. 1, exterior to the CERCLA boundary, comprised of— lots 1 through 12; and 160 acres of the SW 1⁄4 . 275.55 acres in T. 25 N., R. 24 E., sec. 11, exterior to the CERCLA boundary. 682.45 acres in T. 25 N., R. 24 E., sec. 2, comprised of— lots 1 through 12; 40 acres in each of— the SESW; the SWSW; the NESW; and the NWSW; and 135.73 acres of the SE 1⁄4 . 463.99 acres in T. 25 N., R. 24 E., sec. 3, comprised of— lots 5 through 15; and 160 acres of the SE 1⁄4 . 109.48 acres in T. 25 N., R. 24 E., sec. 10, comprised of— lot 5; and 80 acres of the N 1⁄2 of the NE 1⁄4 . 139.17 acres in T. 25 N., R. 24 E., sec. 12, exterior to the CERCLA boundary, comprised of— lots 14 and 15; and 80 acres of the N 1⁄2 of the NW 1⁄4 . 322.77 acres in T. 25 N., R. 24 E., sec. 16, comprised of— lots 9 through 12; and 160 acres of the S 1⁄2 of the S 1⁄2 . 391.45 acres in T. 25 N., R. 24 E., sec. 17, comprised of— lots 8, 9, 10, and 13; 40 acres of the NW 1⁄4 of the SE 1⁄4 ; 80 acres of the N 1⁄2 of the SW 1⁄4 ; and 160 acres of the S 1⁄2 of the S 1⁄2 . 320 acres in the W 1⁄2 of T. 25 N., R. 24 E., sec. 21, exterior to the CERCLA boundary. 79.47 acres in T. 25 N., R. 25 E., sec. 2, comprised of lots 3 through 7. 647.09 acres in T. 25 N., R. 25 E., sec. 3, comprised of— lots 4 through 17; 40 acres of the NW 1⁄4 of the SE 1⁄4 ; and 160 acres of the SW 1⁄4 . 695.09 acres in T. 25 N., R. 25 E., sec. 4, comprised of— lots 1 through 12; and 320 acres of the S 1⁄2 . 671.39 acres in T. 25 N., R. 25. E., sec. 5, comprised of— lots 1 through 12; and 320 acres of the S 1⁄2 . 543.56 acres in T. 25 N., R. 25 E., sec. 6, exterior to the CERCLA boundary, comprised of— lots 1 through 12; and 160 acres of the SE 1/4 . 480 acres in T. 25 N., R. 25 E., sec. 8, exterior to the CERCLA boundary, comprised of— 320 acres of the N 1⁄2 ; and 160 acres of the SE 1⁄4 . 640 acres in T. 25 N., R. 25 E., sec. 9. 202.76 acres in T. 25 N., R. 25 E., sec. 10, comprised of— lots 6 through 11; and 80 acres of the W 1⁄2 of the NW 1⁄4 . 17.66 acres in T. 26 N., R. 24 E., sec. 22, lot 3. 109.33 acres in T. 26 N., R. 24 E., sec. 23, comprised of lots 5 through 7. 443.59 acres in T. 26 N., R. 24 E., sec. 25, comprised of— lots 5 through 10; 160 acres of the SW 1⁄4 ; 40 acres of the SW 1⁄4 of the NW 1⁄4 ; and 80 acres of the W 1⁄2 of the SE 1⁄2 . 630.36 acres in T. 26 N., R. 24 E., sec. 26, comprised of— lots 2 through 5; 320 acres of the S 1⁄2 ; and 160 acres of the S 1⁄2 of the N 1⁄2 . 91.97 acres in T. 26 N., R. 24 E., sec. 27, comprised of lots 5 through 8. 291.60 acres in T. 26 N., R. 24 E., sec. 34, comprised of— lots 5 through 8; 160 acres of the E 1⁄2 of the E 1⁄2 ; and 40 acres of the SW 1⁄4 of the SE 1⁄4 . 640 acres in T. 26 N., R. 24 E., sec. 35. 640 acres in T. 26 N., R. 24 E., sec. 36. 13 acres in T. 26 N., R. 25 E., sec. 25. 246.54 acres in T. 26 N., R. 25 E., sec. 26, comprised of lots 6 through 15. 245.20 acres in T. 26 N., R. 25 E., sec. 27, comprised of lots 5 through 12. 275.44 acres in T. 26 N., R. 25 E., sec. 28, comprised of lots 5 through 12. 308.80 acres in T. 26 N., R. 25 E., sec. 29, comprised of lots 5 through 12. 287.86 acres in T. 26 N., R. 25 E., sec. 30, comprised of lots 6 through 13. 634.30 acres in T. 26 N., R. 25 E., sec. 31, comprised of— lots 1 through 4; 320 acres of the E 1⁄2 ; and 160 acres of the E 1⁄2 of the W 1⁄2 . 640 acres in T. 26 N., R. 25 E., sec. 32. 640 acres in T. 26 N., R. 25 E., sec. 33. 640 acres in T. 26 N., R. 25 E., sec. 34. 488.08 acres in T. 26 N., R. 25 E., sec. 35, comprised of— lots 5 through 10; 80 acres of the N 1⁄2 of the SW 1⁄4 ; 160 acres of the NW 1⁄4 ; and 40 acres of the SW 1⁄4 of the SW 1⁄4 . Subject to clause (ii), the Bureau of Reclamation land described in clause
(iii)shall be transferred by the United States to the Fort Belknap Indian Community without charge, to be held in trust by the United States for the benefit of the Fort Belknap Indian Community. A transfer under this subparagraph shall not occur unless and until a cooperative agreement has been negotiated among the Bureau of Reclamation, the Bureau of Indian Affairs, and the Fort Belknap Indian Community— to ensure that the Bureau of Reclamation and any successor in interest, including the Malta Irrigation District, shall retain adequate rights-of-way to carry out OM&R, consistent with all applicable laws and any delivery contracts within the Reservation in effect on the date of enactment of this Act, at the Milk River Project and Dodson; to manage and implement the planning, design, and construction activities described in this section; and to agree on the uses to which the Fort Belknap Indian Community may put the land described in clause (iii). The transfer of the Bureau of Reclamation land described in clause
(iii)shall be subject to— the right of ingress and egress by personnel of the Bureau of Reclamation, the Malta Irrigation District (or a successor in interest to the Malta Irrigation District), and other authorized personnel for Milk River Project purposes; all existing rights-of-way of record or in use for Dodson and access to Dodson for Milk River Project purposes, as determined by the Bureau of Reclamation, the Malta Irrigation District (or a successor in interest to the Malta Irrigation District), and authorized personnel; and the right of the Bureau of Reclamation and the Malta Irrigation District (or a successor in interest to the Malta Irrigation District)— to seep, flood, and overflow the transferred land for Milk River Project purposes; and to prohibit the construction of permanent structures on the transferred land, except as provided in the cooperative agreement under subclause
(I)and except to meet the requirements of the irrigation project. The Bureau of Reclamation land to be transferred under this subparagraph is the approximately 2,575 acres of land owned by the United States on the northeast corner of the Reservation, comprised of— 310.97 acres in T. 30 N., R. 26 E., sec. 1, comprised of— 10.15 acres in lot 10; 37.96 acres in lot 11; 37.90 acres in the NE 1/4 of the SW 1/4 ; 10.06 acres in the NW 1/4 of the NW 1/4 ; 40 acres in the NW 1/4 of the SE 1/4 ; 2.18 acres in the SE 1/4 of the NW 1/4 ; 30.20 acres in the SE 1/4 of the SE 1/4 ; 34.53 acres in the SE 1/4 of the SW 1/4 ; 23.30 acres in the SW 1/4 of the NE 1/4 ; 15.76 acres in the SW 1/4 of the NW 1/4 ; 32.17 acres in the SW 1/4 of the SE 1/4 ; and 36.76 acres in the NW 1/4 of the SW 1/4 ; 15.81 acres in T. 30 N., R. 26 E., sec. 2, comprised of— 15.79 acres in the NE 1/4 of the NE 1/4 (all except lot 5); and 0.02 acres in the SE 1/4 of the NE 1/4 (all except lot 6); 8.42 acres in T. 31 N., R. 25 E., sec. 13, lot 5; 134.01 acres in T. 31 N., R. 26 E., sec. 17, comprised of— 7.72 acres in lot 7; 6.98 acres in lot 8; 11.40 acres in lot 9; 2.34 acres in lot 10; 27.49 acres in lot 11; 30.60 acres in lot 12; 13.26 acres in lot 13; and 34.22 acres in lot 14; 150.07 acres in T. 31 N., R. 26 E., sec. 18, comprised of— 26.64 acres in lot 9; 21.16 acres in lot 10; 12.12 acres in lot 11; 21 acres in lot 13; 28.76 acres in lot 14; 12.92 acres in the NW 1/4 of the SW 1/4 ; 23.80 acres in the SE 1/4 of the SW 1/4 ; and 3.67 acres in the SW 1/4 of the SW 1/4 ; 60.30 acres in T. 31 N., R. 26 E., sec. 19, comprised of— 27.66 acres in the NE 1/4 of the NE 1/4 (all except lots 1 and 2); 4.67 acres in the NW 1/4 of the NE 1/4 (all except lot 3); and 27.97 acres in the SE 1/4 of the NE 1/4 (all except lot 4); 420.37 acres in T. 31 N., R. 26 E., sec. 20, comprised of— 39.29 acres in lot 2; 39.03 acres in lot 3; 37.21 acres in lot 4; 17.17 acres in the NE 1/4 of the NW 1/4 ; 40 acres in the NE 1/4 of the SE 1/4 ; 24.34 acres in the NE 1/4 of the SW 1/4 (all except lot 11); 8.54 acres in the NW 1/4 of the NW 1/4 (all except lot 7); 37.20 acres in the NW 1/4 of the SE 1/4 (all except lot 10); 18.94 acres in the SE 1/4 of the NW 1/4 (all except lot 8); 40 acres in the SE 1/4 of the SE 1/4 ; 38.65 acres in the SW 1/4 of the NE 1/4 (all except lot 9); 40 acres in the SW 1/4 of the NW 1/4 ; and 40 acres in the SW 1/4 of the SE 1/4 ; 325.25 acres in T. 31 N., R. 26 E., sec. 21, comprised of— 19.29 acres in lot 4; 11.12 acres in lot 7; 20.08 acres in lot 8; 19.11 acres in lot 10; 29.72 acres in lot 11; 39 acres in lot 12; 26.93 acres in lot 13; 40 acres in the NW 1/4 of the SW 1/4 ; 40 acres in the SE 1/4 of the SW 1/4 ; 40 acres in the SW 1/4 of the SW 1/4 ; and 40 acres in the SW 1/4 of the SE 1/4 ; 98.05 acres in T. 31 N., R. 26 E., sec. 22, comprised of— 25.87 acres in lot 5; 32.01 acres in lot 6; 27.49 acres in lot 7; and 12.68 acres in lot 8; 156.21 acres in T. 31 N., R. 26 E., sec. 26, comprised of— 35.32 acres in lot 3; 24.34 acres in lot 6; 40 acres in the NW 1/4 of the SW 1/4 ; 16.60 acres in the SE 1/4 of the SW 1/4 ; 24.20 acres in the SW 1/4 of the SE 1/4 ; 0.12 acres in the SE 1/4 of the SE 1/4 ; and 15.63 acres in the SW 1/4 of the SW 1/4 ; 440.99 acres in T. 31 N., R. 26 E., sec. 27, comprised of— 32.05 acres in lot 4; 39.32 acres in lot 5; 19.89 acres in lot 6; 39.97 acres in lot 7; 21.75 acres in lot 8; 40 acres in the NE 1/4 of the SE 1/4 ; 40 acres in the NE 1/4 of the SW 1/4 ; 40 acres in the NW 1/4 of the SE 1/4 ; 40 acres in the NW 1/4 of the SW 1/4 ; 40 acres in the SE 1/4 of the NW 1/4 ; 11.52 acres in the SE 1/4 of the SE 1/4 ; 3.38 acres in the SE 1/4 of the SW 1/4 ; 35.55 acres in the SW 1/4 of the NW 1/4 ; 7.48 acres in the SW 1/4 of the SE 1/4 ; and 30.08 acres in the SW 1/4 of the SW 1/4 ; 169.58 acres in T. 31 N., R. 26 E., sec. 28, comprised of— 39.97 acres in lot 1; 11.63 acres in the NE 1/4 of the NW 1/4 (all except lot 3); 30.76 acres in the NE 1/4 of the SE 1/4 (all except lot 6); 34.26 acres in the NW 1/4 of the NE 1/4 (all except lot 2); 13.04 acres in the NW 1/4 of the SE 1/4 (all except lot 7); 19.65 acres in the SE 1/4 of the NE 1/4 (all except lot 5); 2.98 acres in the SE 1/4 of the SE 1/4 (all except lot 8); and 17.29 acres in the SW 1/4 of the NE 1/4 ; 59.34 acres in T. 31 N., R. 26 E., sec. 29, comprised of— 32.97 acres in the NE 1/4 of the NE 1/4 (all except lot 1); and 26.37 acres in the NW 1/4 of the NE 1/4 (all except lot 2); 134.54 acres in T. 31 N., R. 26 E., sec. 35, comprised of— 24.59 acres in the NE 1/4 of the NE 1/4 (all except lot 1); 35.52 acres in the NE 1/4 of the SE 1/4 (all except lot 4); 5.57 acres in the NW 1/4 of the NE 1/4 (all except lot 2); 40 acres in the SE 1/4 of the NE 1/4 ; 24.20 acres in the SE 1/4 of the SE 1/4 (all except lot 5); and 4.66 acres in the SW 1/4 of the NE 1/4 (all except lot 3); and 56.87 acres in T. 31 N., R. 26 E., sec. 36, comprised of— 15.43 acres in lot 10; 30.15 acres in lot 11; and 11.29 acres in the SW 1/4 of the NW 1/4 (all except lot 12). Subject to clause (ii), any use (including grazing) authorized under a valid lease, permit, or right-of-way on land transferred under this subsection, as in effect on the date of the transfer, shall remain in effect until the date on which the lease, permit, or right-of-way expires. Clause
(i)shall not apply if the holder of the lease, permit, or right-of-way requests an earlier termination of the lease, permit, or right-of-way, in accordance with existing law. Any improvements constituting personal property (as defined by State law) on land transferred under this subsection by the holder of the lease, permit, or right-of-way— shall remain the property of the holder; and shall be removed not later than 90 days after the date on which the lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. The Secretary shall disburse to the Fort Belknap Indian Community any amounts that accrue to the United States under a lease, permit, or right-of-way on land described in paragraph
(3)from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Fort Belknap Indian Community. With respect to the transfer of land under this subsection— unless the United States or the Fort Belknap Indian Community request an additional survey for the transferred land, the description of land under this section shall be controlling; if a survey is requested, the Secretary and the Fort Belknap Indian Community shall jointly provide for the survey of the land, including any mining claims; and the descriptions under this section or any survey under subparagraph
(B)shall control the total acreage to be transferred. Subject to clause (ii), the transfer of land to the United States to be held in trust for the Fort Belknap Indian Community under this subsection shall take effect on the issuance of a trust deed, which shall be issued as expeditiously as practicable after notice of the enforceability date is published in the Federal Register. Notwithstanding clause (i), all transfers shall be completed by not later than 15 years after the date of enactment of this Act. A waiver and release of claims under subsections
(a)and
(b)of section 10 relating to land described in subparagraph
(A)shall take effect on the date on which all of the land transfers for land described in subparagraph
(A)are complete. The total amount of Federal land to be transferred under this subsection is approximately 30,844 acres. Any trust land within the Reservation that has been or is foreclosed on by the United States shall be transferred to the United States to be held in trust for the Fort Belknap Indian Community by— not later than 15 years after the date of enactment of this Act, if the foreclosure occurs before the date of enactment of this Act; or not later than 15 years after the date of the foreclosure, if the foreclosure occurs after the date of enactment of this Act. The Secretary may, at the discretion of the Secretary, try to ensure that land to be exchanged under this section is selected in a manner that minimizes the financial impact of the exchange on local governments. Beginning on the date of the applicable transfer of land to the United States to be held in trust for the Fort Belknap Indian Community under this section, if any Federal, State, or fee land transferred under this section is subject to a water right in existence on the date of the transfer, the United States, as trustee for the benefit of the Fort Belknap Indian Community, shall be the successor in interest with respect to the water right, in accordance with the terms and conditions that applied to the predecessor in interest. No land transferred under this section shall be the basis for any claim by the Fort Belknap Indian Community to any new, additional, or supplemental Federal reserved water right. Title to all land acquired by the United States under this section shall be transferred, subject to applicable laws, without charge, to the United States, to be held in trust for the benefit of the Fort Belknap Indian Community as part of the exterior boundary of the Reservation, pursuant to such method of conveyance as the Secretary determines to be necessary. Notwithstanding any other provision of Federal law, beginning on the date on which the conditions described in paragraph
(2)are met, the Fort Belknap Indian Community Council shall have administrative, regulatory, and judicial jurisdiction over the Grinnell Lands described in subsection (b)(3)(C), including jurisdiction over public recreational access, hunting, and fishing, and natural resource management. The conditions referred to in paragraph
(1)are the conditions that the Fort Belknap Indian Community Council shall adopt— hunting and fishing regulations that grant nontribal members equivalent rights and privileges to those that nontribal members enjoy under the hunting and fishing laws (including regulations) of the State, as in effect on the date of enactment of this Act, including rights relating to permit fees and bag limits; and public recreational access regulations that grant nontribal members equivalent rights of access for recreational purposes that nontribal members enjoy under Federal law (including regulations), as in effect on the date of enactment of this Act. Any regulations promulgated by the Fort Belknap Indian Community pursuant to the jurisdiction of the Fort Belknap Indian Community under paragraph
(1)shall be subject to— a 30-day notice and comment period provided by the Secretary to the State; and after that period, the approval of the Secretary, subject to subparagraph (B). Not later than 180 days after the date on which the notice and comment period under subparagraph (A)(i) ends, the Secretary shall approve or disapprove the regulations. If an applicable Federal or State hunting and fishing or recreational access law or regulation is amended after the date on which jurisdiction over that law or regulation on the Grinnell Lands described in subsection (b)(3)(C) is transferred to the Fort Belknap Indian Community Council under this subsection, the head of the appropriate Federal or State agency, as applicable, shall promptly notify the Fort Belknap Indian Community Council of the amendment. Subject to clause (ii), not later than 120 days after the date on which notification is provided to the Fort Belknap Indian Community Council under subparagraph (A), the Fort Belknap Indian Community Council shall— amend the regulations of the Fort Belknap Indian Community Council to comply with the amended law or regulation; and notify the Secretary of the amendment. An amendment by the Fort Belknap Indian Community Council under clause
(i)shall be subject to the approval of the Secretary, who shall approve the amendment by not later than 90 days after the date on which the Secretary receives notice of the amendment under clause (i)(II). If the Fort Belknap Indian Community Council fails to comply with clause (i), regulatory jurisdiction shall revert to the United States under paragraph
(1)until the earlier of— such time as the regulations of the Fort Belknap Indian Community comply with the amended Federal or State law or regulation; and the date described in paragraph (5). Notwithstanding any other provision of law, beginning on the date that is 25 years after the date of enactment of this Act— the Fort Belknap Indian Community Council may regulate the Grinnell Lands described in subsection (b)(3)(C) under, and according to, Tribal law, subject to such approval by the Secretary as may be required for any other Tribal law; and the other provisions of this subsection shall not apply. Notwithstanding section 4(c), in preparing an environmental assessment or environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for the acquisition of State land parcels and the conveyance of Federal land under this section, the Secretary shall only be required to study, develop, and describe— the proposed agency action; and the alternative of no action.
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