Sec. 13. MISCELLANEOUS PROVISIONS

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## SEC. 13 MISCELLANEOUS PROVISIONS ###

(a)Amendments ####

(1)Act of april 23, 1904 Section 9 of the Act of April 23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter 216), is amended by striking the seventh undesignated paragraph. ####

(2)Act of may 25, 1948 Section 2 of the Act of May 25, 1948 (62 Stat. 269, chapter 340), is amended— #####

(A)in subsection (h), by striking paragraph

(6)and inserting the following: > > #### “(6) > > To enhance fisheries habitat or to improve water conservation management of the project.” > ; and #####

(B)by adding at the end the following: > > ### “(k) Mission Valley Division > > > #### “(1) In general > > The Secretary of the Interior (referred to in this section as the ‘Secretary’), or the Confederated Salish and Kootenai Tribes of the Flathead Reservation of Montana acting on behalf of the Secretary, as the entity with the legal authority and responsibility to operate the Mission Valley division of the project (referred to in this subsection as the ‘project operator’), may allocate revenues derived from the Mission Valley division in accordance with paragraph

(2)for the purposes described in subsection (h)(6). > > > #### “(2) Allocation > > > ##### “(A) In general > > Subject to subparagraphs

(B)and (C), the revenues described in paragraph

(1)shall be allocated by providing— > > > ###### “(i) > > $100,000 to the Tribes; and > > > ###### “(ii) > > $100,000 to the project operator. > > > ##### “(B) Negotiation > > Effective beginning on October 1 of the tenth calendar year beginning after the date of enactment of the Montana Water Rights Protection Act, the Confederated Salish and Kootenai Tribes of the Flathead Reservation of Montana, the State of Montana, and the Secretary may negotiate for an appropriate allocation that differs from the allocation described in subparagraph (A). > > > ##### “(C) Carryover > > If the project operator does not use the full allocation of the project operator under this paragraph for a fiscal year, an amount equal to the difference between the full allocation and the amount used by the project operator shall be set aside and accumulated for expenditure during subsequent fiscal years for the purposes described in subsection (h)(6).” > . ####

(3)Indian self-determination and education assistance act Section 403(b)(4) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5363(b)(4)) is amended— #####

(A)in subparagraph (A), by adding “and” at the end; #####

(B)in subparagraph (B), by striking “and” at the end; and #####

(C)by striking subparagraph (C). ###

(b)Liens Any lien established by the Act of April 23, 1904 (33 Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), is extinguished and released. ###

(c)Waiver of Sovereign Immunity 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. ###

(d)Other Tribes Not Adversely Affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of any Indian tribe other than the Tribes. ###

(e)Limitation on Claims for Reimbursement With respect to Indian land located within the Reservation— ####

(1)the United States shall not submit against any Indian-owned land within the Reservation any claim for reimbursement of the cost to the United States of carrying out this Act or the Compact; and ####

(2)no assessment of any Indian-owned land located within the Reservation shall be made regarding that cost. ###

(f)Limitation on Liability of United States ####

(1)In general The United States has no obligation— #####

(A)to monitor, administer, or account for, in any manner, any funds provided to the Tribes by the State; or #####

(B)to review or approve any expenditure of the funds described in subparagraph (A). ####

(2)Indemnity The Tribes shall indemnify the United States, and hold the United States harmless, with respect to all claims (including claims for takings or breach of trust) arising from the receipt or expenditure of amounts to carry out this Act (other than claims arising out of activities carried out by the Tribes with funds transferred in accordance with section 7(d)). ###

(g)Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act (including any obligation or activity under the Compact) if— ####

(1)adequate appropriations are not provided expressly by Congress to carry out this Act; or ####

(2)subject to section 9(c), insufficient funds are available to carry out this Act in the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)). ###

(h)Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any activity or function carried out by the Secretary under this Act. ###

(i)Cooperative Operation and Maintenance of Flathead Indian Irrigation Project ####

(1)Agreement with secretary On receipt of a joint request from the Tribes and 1 or more irrigation districts within the Flathead Indian irrigation project, the Secretary shall enter into an agreement with the Tribes and the irrigation districts for the cooperative operation and maintenance of the Flathead Indian irrigation project, or any portion of the Flathead Indian irrigation project, under such form of organization and under such conditions as may be acceptable to the Secretary. ####

(2)Establishment of organization #####

(A)In general In lieu of entering into an agreement under paragraph (1), the Tribes and 1 or more irrigation districts within the Flathead Indian irrigation project may jointly establish an organization for the purpose of entering into an agreement for the operation and maintenance of the Flathead Indian irrigation project under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). #####

(B)Contract support costs Any contract support costs pursuant to section 106(a) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325(a)) for an organization established pursuant to subparagraph

(A)shall be limited to funds available from annual assessment under part 171 of title 25, Code of Federal Regulations (or successor regulations). #####

(C)Treatment An organization established pursuant to subparagraph

(A)shall be considered to be a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) for purposes of that Act. #####

(D)Annual o&m assessments Nothing in this subsection limits the ability of an organization established pursuant to subparagraph

(A)to include the costs of administering the Flathead Indian irrigation project when establishing annual assessment rates in accordance with part 171 of title 25, Code of Federal Regulations (or successor regulations). ###

(j)Exchanges of Land ####

(1)Definitions In this subsection: #####

(A)Public land The term “public land” means— ######

(i)public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); and ######

(ii)land managed by the Secretary of Agriculture under the jurisdiction of the Forest Service. #####

(B)Secretary concerned The term “Secretary concerned” means, as applicable— ######

(i)the Secretary, with respect to the public land described in subparagraph (A)(i); or ######

(ii)the Secretary of Agriculture, with respect to the public land described in subparagraph (A)(ii). ####

(2)State trust land #####

(A)In general The Secretary concerned shall offer to negotiate with the State for the purpose of exchanging public land within the State for State trust land located within the Reservation with a total value substantially equal to the value of the surface estate of the approximately 36,808 acres of State trust land obtained by the State pursuant to— ######

(i)the Act of February 22, 1889 (commonly known as the “Montana Enabling Act”) (25 Stat. 676, chapter 180), and the Act of April 23, 1904 (33 Stat. 302, chapter 1495; 35 Stat. 449, chapter 216); or ######

(ii)the Act of February 25, 1920 (41 Stat. 452). #####

(B)Procedures An exchange described in subparagraph

(A)shall be conducted in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). #####

(C)Valuation In determining the fair market value of land for purposes of subparagraph (A), the parties to the exchange shall give due consideration to the value of any improvements on the land. #####

(D)Financial impact The Secretary concerned shall ensure that land exchanged pursuant to this paragraph is selected in a manner that minimizes the financial impact on local governments, if any. #####

(E)Assistance The Secretary concerned shall provide such financial or other assistance to the State and the Tribes as may be necessary to obtain the appraisals, and to satisfy administrative requirements, necessary to accomplish the exchanges under subparagraph (A). #####

(F)Title On approving an exchange under this paragraph, the Secretary concerned shall— ######

(i)receive title in and to the State trust land involved in the exchange, on behalf of the United States; and ######

(ii)transfer title in and to the public land disposed of in the exchanges with the State by such means of conveyance as the Secretary concerned considers to be appropriate. #####

(G)Trust Title to the State trust land acquired pursuant to an exchange under this paragraph shall be— ######

(i)vested in the United States in trust for the sole use and benefit of the Tribes; and ######

(ii)recognized as part of the Reservation. ####

(3)Requirements #####

(A)In general In carrying out paragraph (2), the Secretary concerned shall, during the 5-year period beginning on the date of enactment of this Act, give priority to an exchange of public land within the State for State trust land owned by the State. #####

(B)Total value The total value of the land exchanged and acquired for the Tribes pursuant to this subsection shall not exceed the value of the surface estate of the 36,808 acres described in paragraph (2)(A). #####

(C)Private exchanges ######

(i)In general Subject to subparagraph (B), if, for any reason, after the expiration of the period described in subparagraph (A), the exchanges under paragraph

(2)have not provided to the Tribes a total of 36,808 acres of surface land within the boundaries of the Reservation, the Secretary concerned shall, at the request of, and in cooperation with, the Tribes, develop and implement a program to provide to the Tribes additional land within the Reservation through land exchanges with private landowners. ######

(ii)Requirement In carrying out this subparagraph, the Secretary concerned may exchange public land within the State for private land of substantially equal value within the boundaries of the Reservation, in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). #####

(D)Valuation In determining the fair market value of land under subparagraph (C), the parties to an exchange made pursuant to that subparagraph shall give due consideration to the value of improvements on the land. #####

(E)Title If the Secretary concerned obtains private land pursuant to subparagraph (C), the Secretary concerned shall transfer title to the land to the Tribes. #####

(F)Trust Title to any private land or public land transferred to the Tribes pursuant to this paragraph shall— ######

(i)be vested in the United States in trust for the sole use and benefit of the Tribes; and ######

(ii)be recognized as part of the Reservation, if the land is located within the boundaries of the Reservation. #####

(G)Tribal assistance The Tribes shall assist in obtaining prospective willing parties to exchange private land within the Reservation for public land within the State under this paragraph. ####

(4)Protection of grazing rights State trust land that is not adjacent to Tribal land shall not be eligible to be exchanged under this subsection. ###

(k)Review of Decisions A court of competent jurisdiction shall review the decisions of the Flathead Reservation Water Management Board and the Montana Department of Fish, Wildlife, and Parks in accordance with— ####

(1)the Compact; ####

(2)the Law of Administration; and ####

(3)this Act. ###

(l)Payments to Certain Counties ####

(1)Payments #####

(A)By secretary Subject to paragraph (2), to reduce the financial impact on the counties in which the land restored by section 12 is located, the Secretary shall make payments to Lake County and Sanders County in the State, out of amounts in the fund established under section 401(a) of the Act of June 15, 1935 (16 U.S.C. 715s(a)). #####

(B)By tribes To ensure that culverts, bridges, and roads that intersect with, or are otherwise located within, the supply and distribution network of the Flathead Indian irrigation project comply with Federal environmental requirements, to ensure public safety, and to enhance Tribal fisheries on the Reservation, the Tribes shall allocate from the Trust Fund amounts withdrawn for the purposes described in section 8(h)(13), under an agreement approved by the Secretary— ######

(i)$5,000,000 to Lake County in the State; and ######

(ii)$5,000,000 to Sanders County in the State. ####

(2)Amount of payments The amount of the payments under paragraph (1)(A) shall be equal to the amount each county would have received if this Act had not been enacted. ####

(3)Treatment of land for purposes of calculating payments For the limited purposes of calculating payments to Lake County and Sanders County under this subsection and section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the land restored by section 13 shall be treated as a fee area (as defined in section 401(g) of the Act of June 15, 1935 (16 U.S.C. 715s(g))). ###

(m)Effect on Current Law Nothing in this Act authorizes preenforcement judicial review of any Federal environmental enforcement action. ###

(n)No Precedent The provisions of this Act— ####

(1)are uniquely suited to address the distinct circumstances, facts, history, and relationships involved; and ####

(2)are not intended, and shall not be interpreted, to establish precedent for any other situation. ### DIVISION EE TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020

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