Sec. 3705. MILK RIVER WATER RIGHT

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## SEC. 3705 MILK RIVER WATER RIGHT ###

(a)In general With respect to the Milk River water right, the Tribe— ####

(1)may continue the historical uses and the uses in existence on the date of enactment of this Act; and ####

(2)except as provided in article III.F.1.d of the Compact, shall not develop new uses until the date on which— #####

(A)the Tribe has entered into the agreement described in subsection (c); or #####

(B)the Secretary has established the terms and conditions described in subsection (e). ###

(b)Water Rights Arising Under State Law With respect to any water rights arising under State law in the Milk River Basin owned or acquired by the Tribe, the Tribe— ####

(1)may continue any use in existence on the date of enactment of this Act; and ####

(2)shall not change any use until the date on which— #####

(A)the Tribe has entered into the agreement described in subsection (c); or #####

(B)the Secretary has established the terms and conditions described in subsection (e). ###

(c)Tribal Agreement ####

(1)In general In consultation with the Commissioner of Reclamation and the Director of the Bureau of Indian Affairs, the Tribe and the Fort Belknap Indian Community shall enter into an agreement to provide for the exercise of their respective water rights on the respective reservations of the Tribe and the Fort Belknap Indian Community in the Milk River. ####

(2)Considerations The agreement entered into under paragraph

(1)shall take into consideration— #####

(A)the equal priority dates of the 2 Indian tribes; #####

(B)the water supplies of the Milk River; and #####

(C)historical, current, and future uses identified by each Indian tribe. ###

(d)Secretarial Determination ####

(1)In general Not later than 120 days after the date on which the agreement described in subsection

(c)is submitted to the Secretary, the Secretary shall review and approve or disapprove the agreement. ####

(2)Approval The Secretary shall approve the agreement if the Secretary finds that the agreement— #####

(A)equitably accommodates the interests of each Indian tribe in the Milk River; #####

(B)adequately considers the factors described in subsection (c)(2); and #####

(C)is otherwise in accordance with applicable law. ####

(3)Deadline extension The deadline to review the agreement described in paragraph

(1)may be extended by the Secretary after consultation with the Tribe and the Fort Belknap Indian Community. ###

(e)Secretarial Decision ####

(1)In general If the Tribe and the Fort Belknap Indian Community do not, by 3 years after the Secretary certifies under section 3720(f)(5) that the Tribal membership has approved the Compact and this subtitle, enter into an agreement approved under subsection d(2), the Secretary, in the Secretary’s sole discretion, shall establish, after consultation with the Tribe and the Fort Belknap Indian Community, terms and conditions that reflect the considerations described in subsection (c)(2) by which the respective water rights of the Tribe and the Fort Belknap Indian Community in the Milk River may be exercised. ####

(2)Consideration as final agency action The establishment by the Secretary of terms and conditions under paragraph

(1)shall be considered to be a final agency action for purposes of review under chapter 7 of title 5, United States Code. ####

(3)Judicial review An action for judicial review pursuant to this section shall be brought by not later than the date that is 1 year after the date of notification of the establishment of the terms and conditions under this subsection. ####

(4)Incorporation into decrees The agreement under subsection (c), or the decision of the Secretary under this subsection, shall be filed with the Montana Water Court, or the district court with jurisdiction, for incorporation into the final decrees of the Tribe and the Fort Belknap Indian Community. ####

(5)Effective date The agreement under subsection

(c)and a decision of the Secretary under this subsection— #####

(A)shall be effective immediately; and #####

(B)may not be modified absent— ######

(i)the approval of the Secretary; and ######

(ii)the consent of the Tribe and the Fort Belknap Indian Community. ###

(f)Use of Funds The Secretary shall distribute equally the funds made available under section 3718(a)(2)(C)(ii) to the Tribe and the Fort Belknap Indian Community to use to reach an agreement under this section, including for technical analyses and legal and other related efforts.