S 1065
112th CONGRESS
1st Session
S. 1065
To settle land claims within the Fort Hall Reservation.
IN THE SENATE OF THE UNITED STATES
May 25, 2011
Mr. CRAPO (for himself and Mr. RISCH) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
A BILL
To settle land claims within the Fort Hall Reservation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Blackfoot River Land Settlement Act of
2011'.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings- Congress finds that--
(1) it is the policy of the United States to promote tribal self-determination
and economic self-sufficiency and encourage the resolution of disputes
over historical claims through mutually agreed-upon settlements between
Indian tribes and the United States;
(2) the Shoshone-Bannock Tribes, a federally recognized Indian tribe
with tribal headquarters at Fort Hall, Idaho--
(A) adopted a tribal constitution and bylaws on March 31, 1936,
that were approved by the Secretary of the Interior on April 30,
1936, pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq.)
(commonly known as the `Indian Reorganization Act');
(B) has entered into various treaties with the United States, including
the Second Treaty of Fort Bridger, executed on July 3, 1868; and
(C) has maintained a continuous government-to-government relationship
with the United States since the earliest years of the Union;
(3)(A) in 1867, President Andrew Johnson designated by Executive order
the Fort Hall Reservation for various bands of Shoshone and Bannock
Indians;
(B) the Reservation is located near the cities of Blackfoot and Pocatello
in southeastern Idaho; and
(C) article 4 of the Second Treaty of Fort Bridger secured the Reservation
as a `permanent home' for the Shoshone-Bannock Tribes;
(4)(A) according to the Executive order referred to in paragraph (3)(A),
the Blackfoot River, as the river existed in its natural state--
(i) is the northern boundary of the Reservation; and
(ii) flows in a westerly direction along that northern boundary;
and
(B) within the Reservation, land use in the River watershed is dominated
by--
(ii) dry and irrigated farming; and
(iii) residential development;
(5)(A) in 1964, the Corps of Engineers completed a local flood protection
project on the River--
(i) authorized by section 204 of the Flood Control Act of 1950 (64
Stat. 170); and
(ii) sponsored by the Blackfoot River Flood Control District No.
7;
(B) the project consisted of building levees, replacing irrigation
diversion structures, replacing bridges, and channel realignment;
and
(C) the channel realignment portion of the project severed various
parcels of land located contiguous to the River along the boundary
of the Reservation, resulting in Indian land being located north of
the Realigned River and non-Indian land being located south of the
Realigned River;
(6) beginning in 1999, the Cadastral Survey Office of the Bureau of
Land Management conducted surveys of--
(A) 25 parcels of Indian land; and
(B) 19 parcels of non-Indian land;
(7) many non-Indian landowners and non-Indians acquiring Indian land
have filed claims in the Snake River Basin Adjudication seeking water
rights that included a place of use on Indian land; and
(8) the enactment of this Act and the distribution of funds in accordance
with section 12(b) would represent an agreement among--
(C) the non-Indians acquiring Indian land; and
(D) the non-Indian landowners.
(b) Purposes- The purposes of this Act are--
(1) to resolve the disputes resulting from realignment of the River
by the Corps of Engineers during calendar year 1964 pursuant to the
project described in subsection (a)(5)(A); and
(2) to achieve a fair, equitable, and final settlement of all claims
and potential claims arising from those disputes.
SEC. 3. DEFINITIONS.
(1) ALLOTTEE- The term `allottee' means an heir of an original allottee
of the Reservation who owns an interest in a parcel of land that is--
(A) held in trust by the United States for the benefit of the allottee;
and
(B) located north of the Realigned River within the exterior boundaries
of the Reservation.
(2) INDIAN LAND- The term `Indian land' means any parcel of land that
is--
(A) held in trust by the United States for the benefit of the Tribes
or the allottees;
(B) located north of the Realigned River; and
(C) identified in exhibit A of the survey of the Bureau of Land
Management entitled `Survey of the Blackfoot River of 2002 to 2005',
which is located at--
(i) the Fort Hall Indian Agency office of the Bureau of Indian
Affairs; and
(ii) the Blackfoot River Flood Control District No. 7, 75 East
Judicial, Blackfoot, Idaho.
(3) NON-INDIAN ACQUIRING INDIAN LAND- The term `non-Indian acquiring
Indian land' means any individual or entity that--
(A) has acquired or plans to acquire Indian land; and
(B) is included on the list contained in exhibit C, which is located
at the areas described in clauses (i) and (ii) of paragraph (2)(C).
(4) NON-INDIAN LAND- The term `non-Indian land' means any parcel of
fee land that is--
(A) located south of the Realigned River; and
(B) identified in exhibit B, which is located at the areas described
in clauses (i) and (ii) of paragraph (2)(C).
(5) NON-INDIAN LANDOWNER- The term `non-Indian landowner' means any
individual who holds fee title to non-Indian land.
(6) REALIGNED RIVER- The term `Realigned River' means that portion
of the River that was realigned by the Corps of Engineers during calendar
year 1964 pursuant to the project described in section 2(a)(5)(A).
(7) RESERVATION- The term `Reservation' means the Fort Hall Reservation
established by Executive order during calendar year 1867 and confirmed
by treaty during calendar year 1868.
(8) RIVER- The term `River' means the Blackfoot River located in the
State of Idaho.
(9) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(10) TRIBES- The term `Tribes' means the Shoshone-Bannock Tribes.
SEC. 4. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON-INDIAN OWNED LANDS.
(a) Release of Claims- On the deposit of all amounts into the tribal
trust fund account and the allottee trust fund account under section
7 and the disbursement to non-Indian landowners under section 12--
(1) all existing and future claims with respect to the Indian land
and the non-Indian land and all right, title, and interest that the
Tribes, allottees, non-Indians acquiring Indian land, and non-Indian
landowners may have had to that land shall be extinguished;
(2) any interest of the Tribes, the allottees, or the United States,
acting as trustee for the Tribes or allottees, in the Indian land
shall be extinguished under section 2116 of the Revised Statutes (commonly
known as the `Indian Trade and Intercourse Act') (25 U.S.C. 177);
(3) to the extent any interest in non-Indian land transferred into
trust pursuant to section 5 violates section 2116 of the Revised Statutes
(commonly known as the `Indian Trade and Intercourse Act') (25 U.S.C.
177), that transfer shall be valid, subject to the condition that
the transfer is consistent with all other applicable Federal laws;
and
(4) the Tribes, allottees, and non-Indian landowners waive and release
all claims that the Tribes, allottees, and non-Indian landowners may
have asserted against the United States arising out of any interest
in the Indian land or non-Indian owned land affected by the realignment
of the Blackfoot River by the Corp of Engineers.
(b) Documentation- The Secretary is authorized to execute and file any
appropriate documents (including a plat or map of the tranferred Indian
land) that are suitable for filing with the Bingham County clerk or
other appropriate county official, as the Secretary determines necessary
to carry out this Act.
SEC. 5. LAND TO BE PLACED INTO TRUST FOR TRIBES.
Effective beginning on the date on which the amounts appropriated pursuant
to section 12 are distributed in accordance with that section to the
Blackfoot River Flood Control District No. 7, the non-Indian land shall
be considered to be held in trust by the United States for the benefit
of the Tribes.
SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.
Effective beginning on the date on which the amounts appropriated pursuant
to section 12 are distributed in accordance with that section to the
tribal trust fund account and the allottee trust account, the Indian
land shall be transferred to the Blackfoot River Flood Control District
No. 7 for conveyance to the non-Indians acquiring Indian land.
SEC. 7. TRIBAL TRUST FUND ACCOUNT AND ALLOTTEE TRUST ACCOUNT.
(a) Tribal Trust Fund Account-
(1) ESTABLISHMENT- There is established in the Treasury of the United
States an account, to be known as the `tribal trust fund account',
consisting of such amounts as are deposited in the account under section
12(b)(1).
(2) INVESTMENT- The Secretary of the Treasury shall invest amounts
in the tribal trust fund account for the benefit of the Tribes, in
accordance with applicable laws and regulations.
(3) DISTRIBUTION- The Secretary of the Treasury shall distribute amounts
in the tribal trust fund account to the Tribes pursuant to a budget
adopted by the Tribes that describes--
(A) the amounts required by the Tribes; and
(B) the intended uses of the amounts, in accordance with paragraph
(4).
(4) USE OF FUNDS- The Tribes may use amounts in the tribal trust fund
account (including interest earned on those amounts), without fiscal
year limitation, for activities relating to--
(A) construction of a natural resources facility;
(B) water resources needs;
(C) economic development;
(D) land acquisition; and
(E) such other purposes as the Tribes determine to be appropriate.
(b) Allottee Trust Account-
(1) ESTABLISHMENT- There is established in the Treasury of the United
States an account, to be known as the `allottee trust account', consisting
of such amounts as are deposited in the account under section 12(b)(2).
(2) DEPOSIT INTO IIMS- Not later than 60 days after the date on which
amounts are deposited in the allottee trust account under section
12(b)(2), the Secretary of the Treasury shall deposit the amounts
into individual Indian money accounts for the allottees.
(3) INVESTMENT- The Secretary of the Treasury shall invest amounts
in the individual Indian money accounts under paragraph (2) in accordance
with applicable laws and regulations.
SEC. 8. ATTORNEYS FEES.
(a) In General- Subject to subsection (b), of the amounts appropriated
pursuant to section 12(a), the Secretary shall pay to the attorneys
of the Tribes and the non-Indian landowners such attorneys fees as are
approved by the Tribes and the non-Indian landowners.
(b) Limitation- The total amount of attorneys fees paid by the Secretary
under subsection (a) shall not exceed $35,000 of the amounts distributed
to the Tribes, allottees, and the non-Indian landowners under section
12(b).
SEC. 9. EFFECT ON ORIGINAL RESERVATION BOUNDARY.
Nothing in this Act affects the original boundary of the Reservation,
as established by Executive order during calendar year 1867 and confirmed
by treaty during calendar year 1868.
SEC. 10. EFFECT ON TRIBAL WATER RIGHTS.
Nothing in this Act extinguishes or conveys any water right of the Tribes,
as established in the agreement entitled `1990 Fort Hall Indian Water
Rights Agreement' and ratified by section 4 of the Fort Hall Indian
Water Rights Act of 1990 (Public Law 101-602; 104 Stat. 3060).
SEC. 11. DISCLAIMERS REGARDING CLAIMS.
(1) affects in any manner the sovereign claim of the State of Idaho
to title in and to the beds and banks of the River under the equal
footing doctrine of the Constitution of the United States;
(2) affects any action by the State of Idaho to establish that title
under section 2409a of title 28, United States Code (commonly known
as the `Quiet Title Act');
(3) affects the ability of the Tribes or the United States to claim
ownership of the beds and banks of the River; or
(4) extinguishes or conveys any water rights of non-Indian landowners
or the claims of such landowners to water rights in the Snake River
Basin Adjudication.
SEC. 12. FUNDING.
(a) Authorization of Appropriations- There is authorized to be appropriated
to carry out this Act $700,000.
(b) Distribution- After the date on which all attorneys fees are paid
under section 8, the amount appropriated pursuant to subsection (a)
shall be distributed among the Tribes, the allottees, and the Blackfoot
River Flood Control District No. 7 as follows:
(1) $263,406 shall be deposited in the tribal trust fund account established
by section 7(a)(1).
(2) $230,489 shall be deposited in the allottee trust account established
by section 7(b)(1).
(3) $165,550 shall be provided to the Blackfoot River Flood Control
District No. 7 for--
(A) distribution to the non-Indian landowners on a pro rata, per-acre
basis; and
(B) associated administrative expenses.
(c) Remaining Amounts- Any amounts remaining after the distributions
under subsection (b) and section 8 shall be--
(1) split equally between the Blackfoot River Flood Control District
No. 7 and the Tribes; and
(2) used by the Blackfoot River Flood Control District No. 7 and the
Tribes for administrative expenses.
(d) Per Capita Payments Prohibited- No amount received by the Tribes
under this Act shall be distributed to a member of the Tribes on a per
capita basis.
SEC. 13. EFFECTIVE DATE.
This Act takes effect on the date on which the amount described in section
12(a) is appropriated.
END
