Sec. 103. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this title: The term allottee means an individual who holds a beneficial real property interest in an allotment of Indian land that is— located within the Reservation; and held in trust by the United States. The term Blackfeet Tribe means the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. The term CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). The term Commissioner means the Commissioner of Reclamation.

The term Compact means— the Fort Belknap-Montana water rights compact dated April 16, 2001, as contained in section 85–20–1001 of the Montana Code Annotated (2021); and any appendix (including appendix amendments), part, or amendment to the Compact that is executed to make the Compact consistent with this title. The term enforceability date means the date described in section 111(f). The term Fort Belknap Indian Community means the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation of Montana, a federally recognized Indian Tribal entity included on the list published by the Secretary pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ).

The term Fort Belknap Indian Community Council means the governing body of the Fort Belknap Indian Community. The term Fort Belknap Indian Irrigation Project means the Federal Indian irrigation project constructed and operated by the Bureau of Indian Affairs, consisting of the Milk River unit, including— the Three Mile unit; and the White Bear unit. The term Fort Belknap Indian Irrigation Project includes any addition to the Fort Belknap Indian Irrigation Project constructed pursuant to this title, including expansion of the Fort Belknap Indian Irrigation Project, the Pumping Plant, delivery Pipe and Canal, the Fort Belknap Reservoir and Dam, and the Peoples Creek Flood Protection Project.

The term Implementation Fund means the Fort Belknap Indian Community Water Settlement Implementation Fund established by section 113(a). The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term Lake Elwell means the water impounded on the Marias River in the State by Tiber Dam, a feature of the Lower Marias Unit of the Pick-Sloan Missouri River Basin Program authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665).

The term Malta Irrigation District means the public corporation— created on December 28, 1923, pursuant to the laws of the State relating to irrigation districts; and headquartered in Malta, Montana. The term Milk River means the mainstem of the Milk River and each tributary of the Milk River between the headwaters of the Milk River and the confluence of the Milk River with the Missouri River, consisting of— Montana Water Court Basins 40F, 40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and 40O; and the portion of the Milk River and each tributary of the Milk River that flows through the Canadian Provinces of Alberta and Saskatchewan.

The term Milk River Project means the Bureau of Reclamation project conditionally approved by the Secretary on March 14, 1903, pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), commencing at Lake Sherburne Reservoir and providing water to a point approximately 6 miles east of Nashua, Montana. The term Milk River Project includes— the St. Mary Unit; the Fresno Dam and Reservoir; and the Dodson pumping unit. The term Missouri River Basin means the hydrologic basin of the Missouri River, including tributaries.

The term operations and maintenance means the Bureau of Indian Affairs operations and maintenance activities related to costs described in section 171.500 of title 25, Code of Federal Regulations (or a successor regulation). The term operations, maintenance, and replacement means— any recurring or ongoing activity associated with the day-to-day operation of a project; any activity relating to scheduled or unscheduled maintenance of a project; and any activity relating to repairing, replacing, or rehabilitating a feature of a project.

The term Pick-Sloan Missouri River Basin Program means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665)). The term PMM means the Principal Meridian, Montana. The term Reservation means the area of the Fort Belknap Reservation in the State, as modified by this title. The term Reservation includes— all land and interests in land established by— the Agreement with the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, ratified by the Act of May 1, 1888 (25 Stat. 113, chapter 212), as modified by the Agreement with the Indians of the Fort Belknap Reservation of October 9, 1895 (ratified by the Act of June 10, 1896) (29 Stat. 350, chapter 398); the Act of March 3, 1921 (41 Stat. 1355, chapter 135); and Public Law 94–114 ( 25 U.S.C. 5501 et seq. ); the land known as the Hancock lands purchased by the Fort Belknap Indian Community pursuant to the Fort Belknap Indian Community Council Resolution No. 234–89 (October 2, 1989); and all land transferred to the United States to be held in trust for the benefit of the Fort Belknap Indian Community under section 106.

The term Secretary means the Secretary of the Interior. The term St. Mary Unit means the St. Mary Storage Unit of the Milk River Project authorized by Congress on March 25, 1905. The term St. Mary Unit includes— Sherburne Dam and Reservoir; Swift Current Creek Dike; Lower St. Mary Lake; St. Mary Canal Diversion Dam; and St. Mary Canal and appurtenances. The term State means the State of Montana. The term Tribal water code means the Tribal water code enacted by the Fort Belknap Indian Community pursuant to section 105(g).

The term Tribal water rights means the water rights of the Fort Belknap Indian Community, as described in Article III of the Compact and this title, including the allocation of water to the Fort Belknap Indian Community from Lake Elwell under section 107. The term Trust Fund means the Aaniiih Nakoda Settlement Trust Fund established for the Fort Belknap Indian Community under section 112(a).

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