Sec. 3703. DEFINITIONS

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## SEC. 3703 DEFINITIONS In this subtitle: ####

(1)Allottee The term “**allottee**” means any individual who holds a beneficial real property interest in an allotment of Indian land that is— #####

(A)located within the Reservation; and #####

(B)held in trust by the United States. ####

(2)Birch creek agreement The term “**Birch Creek Agreement**” means— #####

(A)the agreement between the Tribe and the State regarding Birch Creek water use dated January 31, 2008 (as amended on February 13, 2009); and #####

(B)any amendment or exhibit (including exhibit amendments) to that agreement that is executed in accordance with this subtitle. ####

(3)Blackfeet irrigation project The term “**Blackfeet Irrigation Project**” means the irrigation project authorized by the matter under the heading “**Montana**” of title II of the Act of March 1, 1907 (34 Stat. 1035, chapter 2285), and administered by the Bureau of Indian Affairs. ####

(4)Compact The term “**Compact**” means— #####

(A)the Blackfeet-Montana water rights compact dated April 15, 2009, as contained in section 85-20-1501 of the Montana Code Annotated (2015); and #####

(B)any amendment or exhibit (including exhibit amendments) to the Compact that is executed to make the Compact consistent with this subtitle. ####

(5)Enforceability date The term “**enforceability date**” means the date described in section 3720(f). ####

(6)Lake elwell 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). ####

(7)Milk river basin The term “**Milk River Basin**” means the North Fork, Middle Fork, South Fork, and main stem of the Milk River and tributaries, from the headwaters to the confluence with the Missouri River. ####

(8)Milk river project #####

(A)In general 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. #####

(B)Inclusions The term “**Milk River Project**” includes— ######

(i)the St. Mary Unit; ######

(ii)the Fresno Dam and Reservoir; and ######

(iii)the Dodson pumping unit. ####

(9)Milk river project water rights The term “**Milk River Project water rights**” means the water rights held by the Bureau of Reclamation on behalf of the Milk River Project, as finally adjudicated by the Montana Water Court. ####

(10)Milk river water right The term “**Milk River water right**” means the portion of the Tribal water rights described in article III.F of the Compact and this subtitle. ####

(11)Missouri river basin The term “**Missouri River Basin**” means the hydrologic basin of the Missouri River (including tributaries). ####

(12)MR&I system The term “**MR&I System**” means the intake, treatment, pumping, storage, pipelines, appurtenant items, and any other feature of the system, as generally described in the document entitled “**Blackfeet Regional Water System**”, prepared by DOWL HKM, and dated June 2010, and modified by DOWL HKM, as set out in the addendum to the report dated March 2013. ####

(13)OM&R The term “**OM&R**” means— #####

(A)any recurring or ongoing activity associated with the day-to-day operation of a project; #####

(B)any activity relating to scheduled or unscheduled maintenance of a project; and #####

(C)any activity relating to replacing a feature of a project. ####

(14)Reservation The term “**Reservation**” means the Blackfeet Indian Reservation of Montana, as— #####

(A)established by the Treaty of October 17, 1855 (11 Stat. 657); and #####

(B)modified by— ######

(i)the Executive order of July 5, 1873 (relating to the Blackfeet Reserve); ######

(ii)the Act of April 15, 1874 (18 Stat. 28, chapter 96); ######

(iii)the Executive order of August 19, 1874 (relating to the Blackfeet Reserve); ######

(iv)the Executive order of April 13, 1875 (relating to the Blackfeet Reserve); ######

(v)the Executive order of July 13, 1880 (relating to the Blackfeet Reserve); ######

(vi)the Agreement with the Blackfeet, ratified by the Act of May 1, 1888 (25 Stat. 113, chapter 213); and ######

(vii)the Agreement with the Blackfeet, ratified by the Act of June 10, 1896 (29 Stat. 353, chapter 398). ####

(15)St. mary river water right The term “**St. Mary River water right**” means that portion of the Tribal water rights described in article III.G.1.a.i. of the Compact and this subtitle. ####

(16)St. mary unit #####

(A)In general The term “**St. Mary Unit**” means the St. Mary Storage Unit of the Milk River Project authorized by Congress on March 25, 1905. #####

(B)Inclusions The term “**St. Mary Unit**” includes— ######

(i)Sherburne Dam and Reservoir; ######

(ii)Swift Current Creek Dike; ######

(iii)Lower St. Mary Lake; ######

(iv)St. Mary Canal Diversion Dam; and ######

(v)St. Mary Canal and appurtenances. ####

(17)Secretary The term “**Secretary**” means the Secretary of the Interior. ####

(18)State The term “**State**” means the State of Montana. ####

(19)Swiftcurrent creek bank stabilization project The term “**Swiftcurrent Creek Bank Stabilization Project**” means the project to mitigate the physical and environmental problems associated with the St. Mary Unit from Sherburne Dam to the St. Mary River, as described in the report entitled “**Boulder/Swiftcurrent Creek Stabilization Project, Phase II Investigations Report**”, prepared by DOWL HKM, and dated March 2012. ####

(20)Tribal water rights The term “**Tribal water rights**” means the water rights of the Tribe described in article III of the Compact and this subtitle, including— #####

(A)the Lake Elwell allocation provided to the Tribe under section 3709; and #####

(B)the instream flow water rights described in section 3719. ####

(21)Tribe The term “**Tribe**” means the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana.

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