IRRIGATION PROJECT-RELATED COMPACT IMPLEMENTATION.

SEC. 7. IRRIGATION PROJECT-RELATED COMPACT IMPLEMENTATION. (a) Purposes.—The purposes of this section are— (1) to implement key provisions of the Compact regarding the Tribal Water Right by authorizing and carrying out the activities described in subsection (b) relative to components of the Flathead Indian irrigation project, in order— (A) to conserve water resources, enhance fish and wildlife habitat, especially habitat of threatened and endangered species, and improve the movement of fish through and around Flathead Indian irrigation project facilities; (B) to ensure that the necessary water supplies are provided to protect Instream Flow, Existing Uses, and Historic Farm Deliveries; (C) to provide for the safe and efficient storage, delivery, and routing of water; and (D) to dedicate the water thereby saved through modernization and rehabilitation activities to the water rights of the Tribes for Instream Flow and Minimum Reservoir Pool Elevations; (2) to require that, in carrying out the activities under subsection (b), the Secretary and the Tribes— (A) are guided by existing studies commissioned by the Secretary and the Tribes that identify current facility conditions and describe future modernization recommendations; (B) recognize the need to maintain flexibility and modify the guidance provided by the studies described in subparagraph (A), as appropriate and consistent with the processes established and entities designated in the Compact; and (C) carry out all such activities that can be accomplished in a cost-effective manner and that are consistent with the Compact; and (3) to ensure the prudent and knowledgeable conservation, management, and protection of the water resources of the Reservation through the activities described in subsection (b), which will ensure the protection of the Reservation as the permanent homeland of the Tribes in accordance with the treaty between the United States and the Tribes concluded at Hell Gate on July 16, 1855 (12 Stat. 975). (b) Activities.—Subject to the availability of appropriations, the Secretary, or on the request of the Tribes, the Tribes on behalf of the Secretary under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361 et seq.), shall in accordance with subsection (c) carry out the following activities relating to the Flathead Indian irrigation project: (1) Rehabilitation and modernization.— (A) Rehabilitation and modernization of structures, canals, and pumping facilities, including dam safety improvements, irrigation facility upgrades that improve water management and operational control at irrigation diversion works, and irrigation facility upgrades to reduce losses in conveyance of water from irrigation sources of supply to irrigation points of use, in accordance with the Compact. (B) Planning, design, and construction of additional pumping facilities. (C) Operational improvements to infrastructure within the distribution network of the Flathead Indian irrigation project. (D) Reconstruction, replacement, and automation at irrigation diversion works. (E) Lining of open canals, and placement of open canals in pipe. (F) Fencing and physical project access enhancements. (2) Mitigation, reclamation, and restoration.— (A) Mitigation, reclamation, and restoration of streams, wetlands, banks, slopes, and wasteways within, appurtenant to, or affected by the Flathead Indian irrigation project. (B) The installation of screens, barriers, passages, or ladders to prevent fish entrainment in irrigation ditches and canals within, or appurtenant to, the Flathead Indian irrigation project. (3) Acquisition of interests.—Acquisition of easements or other interests in real property necessary to carry out any activity under this section. (c) Environmental Compliance.— (1) In general.—Prior to the commencement of any activity under subsection (b), the Secretary, or the Tribes if the Tribes elect to perform the activities on behalf of the Secretary under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361 et seq.), shall perform appropriate environmental, cultural, and historical compliance activities relating to the activity, including to ensure compliance with— (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) division A of subtitle III of title 54, United States Code (formerly known as the “National Historic Preservation Act” (16 U.S.C. 470 et seq.)). (2) Costs.—All costs associated with the performance of compliance activities under paragraph (1) shall be paid with funds deposited in the Trust Fund, on the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. (d) Funding.— (1) Indian self-determination and education assistance act compacting.— (A) Funding authority and agreements.—Notwithstanding any other provision of law, if the Tribes elect to perform all activities described in subsection (b) on behalf of the Secretary, the Secretary shall enter into a self-governance agreement with the Tribes under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361 et seq.) covering all such activities. (B) Funding agreements.—The Secretary shall use funds only from the Salish and Kootenai Compact Account established under section 8(b)(1) for any funding agreement, including any related contract support costs, under which the Tribes carry out activities described in subsection (b). (C) Timing for election.—Not later than 120 days after the date on which funds are first appropriated for deposit in the Trust Fund, or not later than such alternative later date as is agreed to by the Tribes and the Secretary, the Tribes may elect to perform all activities described in subsection (b) on behalf of the Secretary. (D) Applicability of isdeaa.—Any funds transferred for use in a funding agreement under this paragraph shall be subject to— (i) title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361 et seq.); and (ii) the self-governance agreement and funding agreement entered into between the Tribes and the Secretary. (E) Relation to compact.—The Tribes and the Federal Government— (i) shall carry out the activities described in subsection (b) in a manner that is consistent with, and fulfills, the respective obligations of the Tribes and the Federal Government under the Compact; and (ii) may not carry out any action pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) that is inconsistent with the rights and responsibilities under the Compact. (F) Applicability of certain isdeaa provisions.—For purposes of this Act— (i) the “annual trust evaluation” required under section 403(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5363(d)) shall monitor the performance, and progress toward completion, of activities under subsection (b) that the Tribes are carrying out; (ii) the activities described in subsection (b) shall be considered to be “construction programs or projects” under section 403(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5363(e)); and (iii) reporting requirements regarding planning, design, and the use and expenditure of funds shall be negotiated and included within a funding agreement. (2) Secretarial performance of activities.—If the Tribes do not elect to carry out the activities described in subsection (b) by the deadline established under paragraph (1)(C), the Secretary shall carry out the activities using amounts made available under section 8(c)(3). (3) Nonreimbursability of costs.—All costs incurred in carrying out this section shall be nonreimbursable. (4) Administration.— (A) In general.—Subject to subparagraph (B), the Secretary and the Tribes shall negotiate the cost of any oversight activity carried out by the Secretary under any agreement entered into under paragraph (1)(A). (B) Requirement.—All costs associated with an oversight activity— (i) shall be paid with funds deposited in the Salish and Kootenai Compact Account established under section 8(b)(1); and (ii) notwithstanding subsection (c), may include costs associated with review or approval of environmental compliance work and related Federal functions. (C) Limitation on cost.—The total cost described in subparagraph (A) shall not exceed 3 percent of the total project costs for each project. (e) Treatment.—Any activities carried out pursuant to subsection (b) that result in improvements, additions, or modifications to the Flathead Indian irrigation project, including the acquisition of any real property interest, shall— (1) become a part of the Flathead Indian irrigation project; and (2) be recorded in the inventory of the Secretary relating to the Flathead Indian irrigation project. (f) Easements and Rights-of-way.— (1) Tribal easements and rights-of-way.— (A) In general.—On request of the Secretary, the Tribes shall grant, at no cost to the United States, such easements and rights-of-way over Tribal land as are necessary for construction relating to an activity under this section. (B) Jurisdiction.—An easement or right-of-way granted by the Tribes pursuant to subparagraph (A) shall not affect in any respect the civil or criminal jurisdiction of the Tribes over the easement or right-of-way. (2) Landowner easements and rights-of-way.—In partial consideration for the construction activities associated with the rehabilitation and modernization of the Flathead Indian irrigation project authorized by this section, and as a condition of receiving service from the Flathead Indian irrigation project, a willing landowner shall confirm or grant, at no cost to the United States or the Tribes, such easements and rights-of-way over the land of the landowner as may be necessary for— (A) an activity authorized by this section; or (B) access to and operation and maintenance of— (i) the Flathead Indian irrigation project; or (ii) the Mission Valley Power Project. (3) Condemnation not authorized.—Nothing in this section authorizes the Secretary to condemn interests in land for the Flathead Indian irrigation project. (g) Land Acquired by United States or Tribes.—Any land acquired within the boundaries of the Reservation by the United States on behalf of the Tribes, or by the Tribes on behalf of the Tribes and conveyed to the United States, in connection with the purposes of this section shall be held in trust by the United States for the benefit of the Tribes. (h) Effect.—Nothing in this section— (1) alters any applicable law under which the Bureau of Indian Affairs collects assessments or carries out the operation and maintenance of the Flathead Indian irrigation project; or (2) impacts the availability of amounts under section 9. (i) Water Source for Flathead Indian Irrigation Project.— (1) In general.—The water source for the Flathead Indian irrigation project— (A) shall be determined in accordance with article II(32) of the Compact; and (B) shall consist of— (i) the water right set forth in article III.C.1.a of the Compact; and (ii) any use of water for irrigation and incidental purposes pursuant to an applicable water service contract. (2) Entitlement to delivery of water.—Entitlement to delivery of available irrigation water for assessed parcels shall be determined in accordance with article IV.D.2 of the Compact.