Sec. 6. Exchange and transfer of land
4,998 words·~23 min read·
/bill/118/s/1987/es/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subsection: The term eligible land means— public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )) that are administered by the Secretary, acting through the Director of the Bureau of Land Management; and land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ) that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service.
The term Secretary concerned means, as applicable— the Secretary, with respect to the eligible land administered by the Bureau of Land Management; and the Secretary of Agriculture, with respect to eligible land managed by the Forest Service. The Secretary concerned shall offer to enter into negotiations with the State for the purpose of exchanging eligible land described in paragraph
(4)for the State land described in paragraph (3). Any exchange of land made pursuant to this subsection shall be subject to the terms and conditions of this subsection. In carrying out this paragraph, the Secretary and the Secretary of Agriculture shall, during the 5-year period beginning on the date of enactment of this Act, give priority to an exchange of eligible land located within the State for State land. The responsibility of the Secretary of Agriculture under clause (i), during the 5-year period described in that clause, shall be limited to negotiating with the State an acceptable package of land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )). The Secretary is authorized to accept the following parcels of State land located on and off 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. 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. 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 individuals who are not members of the Fort Belknap Indian Community, 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 individuals who are not members of the Fort Belknap Indian Community 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. 640 acres in T. 25 N., R. 22 E., sec. 16. Subject to valid existing rights, the reservation of easements or rights-of-way deemed necessary to be retained by the Secretary concerned, and the requirements of this subsection, the Secretary is authorized and directed to convey to the State any eligible land within the State identified in the negotiations authorized by paragraph
(2)and agreed to by the Secretary concerned. The Secretary concerned shall exclude from any conveyance any parcel of eligible land that is— included within the National Landscape Conservation System established by section 2002(a) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7202(a) ), without regard to whether that land has been identified as available for disposal in a land use plan; designated as wilderness by Congress; within a component of the National Wild and Scenic Rivers System; or designated in the Forest Land and Resource Management Plan as a Research Natural Area. The Secretary shall be responsible for meeting all substantive and any procedural requirements necessary to complete the exchange and the conveyance of the eligible land. On completion of the land exchange authorized by this subsection, the Secretary shall, as soon as practicable after the enforceability date, take the land received by the United States pursuant to this subsection into trust for the benefit of the Fort Belknap Indian Community. The values of the eligible land and State land exchanged under this subsection shall be equal, except that the Secretary concerned may— exchange land that is of approximately equal value if such an exchange complies with the requirements of section 206(h) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(h) ) (and any regulations implementing that section) without regard to the monetary limitation described in paragraph (1)(A) of that section; and make or accept an equalization payment, or waive an equalization payment, if such a payment or waiver of a payment complies with the requirements of section 206(b) of that Act ( 43 U.S.C. 1716(b) ) (and any regulations implementing that section). In identifying eligible land to be exchanged with the State, the Secretary concerned and the State may— consider the financial impacts of exchanging specific eligible land on local governments; and attempt to minimize the financial impact of the exchange on local governments. Any eligible land conveyed to the State under this subsection shall be subject to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The State shall assume all benefits and obligations of the Forest Service or the Bureau of Land Management, as applicable, under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I). Any State land conveyed to the United States under this subsection and taken into trust for the benefit of the Fort Belknap Indian Community subject shall be to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall— assume all benefits and obligations of the State under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I); and disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-way, after the date of transfer 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 benefit of the Fort Belknap Indian Community. Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred to the United States under this subsection shall— remain the property of the holder; and be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. Any personal property described in clause
(i)remaining with the holder described in that clause beyond the 90-day period described in subclause
(II)of that clause shall— become the property of the Fort Belknap Indian Community; and be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. The holder of personal property described in clause
(i)shall be liable for costs incurred by the Fort Belknap Indian Community in removing and disposing of the personal property under clause (ii)(II). Notwithstanding the descriptions of the parcels of land owned by the State under paragraph (3), the State may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the State parcels to be exchanged. The Secretary shall provide $10,000,000 of financial or other assistance to the State and the Fort Belknap Indian Community as may be necessary to obtain the appraisals, and to satisfy administrative requirements, necessary to accomplish the exchanges under paragraph (2). Subject to valid existing rights and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph
(2)shall be held by the United States in trust for the benefit of the Fort Belknap Indian Community as part of the Reservation on the enforceability date. 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— 20.39 acres in lot 2; 20.72 acres in lot 7; 21.06 acres in lot 8; 40.00 acres in lot 9; 40.00 acres in lot 10; 40.00 acres in lot 11; 40.00 acres in lot 12; 21.39 acres in lot 13; and 160 acres in SW 1/4 . 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. 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised of— 21.56 acres in lot 6; 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 . 525.81 acres in T. 26 N., R. 22 E., sec. 21, comprised of— 6.62 acres in lot 1; 5.70 acres in lot 2; 56.61 acres in lot 5; 56.88 acres in lot 6; 320 acres in the W 1/2 ; and 80 acres in the W 1/2 of the SE 1/4 . 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 . 80 acres in T. 27 N., R. 21 E., sec. 3, comprised of— 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 . 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 have been converted to fee land, judicially foreclosed on, acquired by the Department of Agriculture, and transferred to the Bureau of Indian Affairs, described in clauses
(i)through (iii). The land described in this clause is 640 acres in T. 29 N., R. 26 E., comprised of— 160 acres in the SW¼ of sec. 27; 160 acres in the NE¼ of sec. 33; and 320 acres in the W½ of sec. 34. The land described in this clause is 320 acres in the N½ 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— 5 acres in the E 1/2 , W 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; 10 acres in the E 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; 40 acres in the E 1/2 , W 1/2 , NE 1/4 ; 40 acres in the W 1/2 , E 1/2 , NE 1/4 ; 20 acres in the W 1/2 , E 1/2 , E 1/2 , NE 1/4 ; 5 acres in the W 1/2 , W 1/2 , E 1/2 , E 1/2 , E 1/2 , NE 1/4 ; and 160 acres in the SE 1/4 ; 640 acres in sec. 21; 320 acres in the S 1/2 of sec. 22; and 320 acres in the W 1/2 of sec. 27; T. 29 N., R. 25 E., PMM, including— 320 acres in the S 1/2 of sec. 1; and 320 acres in 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; 40 acres in the SW 1/4 of the SW 1/4 of sec. 4; 80 acres in the E 1/2 of the SE 1/4 of sec. 5; 80 acres in the S 1/2 of the SE 1/4 of sec. 7; and 40 acres in the N 1/2 , N 1/2 , NE 1/4 of sec. 18; and 40 acres in T. 31 N., R. 26 E., PMM, the NW 1/4 of the SE 1/4 of sec. 31. Federal land transferred under this subsection shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, and rights-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall— assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, and rights-of-way described in clause (i); and disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-ways after the date of transfer 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. Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred under this subsection shall— remain the property of the holder; and be removed from the land not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. Any personal property described in clause
(i)remaining with the holder described in that clause beyond the 90-day period described in subclause
(II)of that clause shall— become the property of the Fort Belknap Indian Community; and be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. The holder of personal property described in clause
(i)shall be liable to the Fort Belknap Indian Community for costs incurred by the Fort Belknap Indian Community in removing and disposing of the property under clause (ii)(II). If any road within the Federal land transferred under this subsection is necessary for customary access to private land, the Bureau of Indian Affairs shall offer the owner of the private land to apply for a right-of-way along the existing road, at the expense of the landowner. Water rights that transfer with the land described in paragraph
(2)shall not become part of the Tribal water rights, unless those rights are recognized and ratified in the Compact. Subject to valid existing rights, effective on the date of enactment of this Act, all Federal land within the parcels described in paragraph
(2)is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. The withdrawals pursuant to subparagraph
(A)shall terminate on the date that the Secretary takes the land into trust for the benefit of the Fort Belknap Indian Community pursuant to paragraph (1). Nothing in this paragraph establishes a new reservation in favor of the United States or the Fort Belknap Indian Community with respect to any water or water right on the land withdrawn by this paragraph. Notwithstanding the descriptions of the parcels of Federal land in paragraph (2), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels. Unless the United States or the Fort Belknap Indian Community request an additional survey for the transferred land or a technical correction is made under paragraph (5), the description of land under this subsection shall be controlling. If the United States or the Fort Belknap Indian Community requests an additional survey, that survey shall control the total acreage to be transferred into trust under this subsection. The Secretary shall provide such financial or other assistance as may be necessary— to conduct additional surveys under this subsection; and to satisfy administrative requirements necessary to accomplish the land transfers under this subsection. The Secretary shall complete all land transfers under this subsection and shall take the land into trust for the benefit of the Fort Belknap Indian Community as expeditiously as practicable after the enforceability date, but not later than 10 years after the enforceability date. Not later than 10 years after the enforceability date, the Secretary shall take into trust for the benefit of the Fort Belknap Indian Community all fee land owned by the Fort Belknap Indian Community on or adjacent to the Reservation to become part of the Reservation, provided that— the land is free from any liens, encumbrances, or other infirmities; and no evidence exists of any hazardous substances on, or other environmental liability with respect to, the land. Subject to paragraph (2), as soon as practicable after the enforceability date, but not later than 10 years after the enforceability date, the Dodson Land described in paragraph
(3)shall be taken into trust by the United States for the benefit of the Fort Belknap Indian Community as part of the Reservation. The land taken into trust under paragraph
(1)shall be subject to a perpetual easement, reserved by the United States for use by the Bureau of Reclamation, its contractors, and its assigns for— the right of ingress and egress for Milk River Project purposes; and the right to— seep, flood, and overflow the transferred land for Milk River Project purposes; conduct routine and non-routine operation, maintenance, and replacement activities on the Milk River Project facilities, including modification to the headworks at the upstream end of the Dodson South Canal in support of Dodson South Canal enlargement, to include all associated access, construction, and material storage necessary to complete those activities; and prohibit the construction of permanent structures on the transferred land, except— as provided in the cooperative agreement under paragraph (4); and to meet the requirements of the Milk River Project. The Dodson Land referred to in paragraphs
(1)and
(2)is the approximately 2,500 acres of land owned by the United States that is, as of the date of enactment of this Act, under the jurisdiction of the Bureau of Reclamation and located at the northeastern corner of the Reservation (which extends to the point in the middle of the main channel of the Milk River), where the Milk River Project facilities, including the Dodson Diversion Dam, headworks to the Dodson South Canal, and Dodson South Canal, are located, and more particularly described as follows: Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 and 2. Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13. Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 18, 19, 20, and 29. Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 26, 27, 35, and 36. The supplemental plats described in clauses
(i)through
(iv)of subparagraph
(A)are official plats, as documented by retracement boundary surveys of the General Land Office, approved on March 11, 1938, and on record at the Bureau of Land Management. Notwithstanding the descriptions of the parcels of Federal land in subparagraph (A), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels to be transferred. Not later than 3 years after the enforceability date, the Bureau of Reclamation, the Malta Irrigation District, the Bureau of Indian Affairs, and the Fort Belknap Indian Community shall negotiate and enter into a cooperative agreement that identifies the uses to which the Fort Belknap Indian Community may put the land described in paragraph (3), provided that the cooperative agreement may be amended by mutual agreement of the Fort Belknap Indian Community, Bureau of Reclamation, the Malta Irrigation District, and the Bureau of Indian Affairs, including to modify the perpetual easement to narrow the boundaries of the easement or to terminate the perpetual easement and cooperative agreement. All land held in trust by the United States for the benefit of the Fort Belknap Indian Community under this section shall be— beneficially owned by the Fort Belknap Indian Community; and part of the Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe.
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