Sec. 13. Miscellaneous provisions
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/bill/117/s/1911/is/section-13A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 to add storage in, the Milk River Basin. 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.
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2 references not yet in our index
- Pub. L. 111-11
- 123 Stat. 991
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