49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–419 

TO ALLOW THE ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK INDIAN RESERVATION TO ENTER INTO A LEASE OR OTHER TEMPORARY 

CONVEYANCE OF WATER RIGHTS RECOGNIZED UNDER THE FORT PECKMONTANA COMPACT FOR THE PURPOSE OF MEETING THE WATER 

NEEDS OF THE DRY PRAIRIE RURAL WATER ASSOCIATION, INCORPORATED, AND FOR OTHER PURPOSES 

APRIL 25, 2006.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 2978] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 2978) to allow the Assiniboine and Sioux Tribes of the Fort 

Peck Indian Reservation to enter into a lease or other temporary 

conveyance of water rights recognized under the Fort Peck-Montana Compact for the purpose of meeting the water needs of the 

Dry Prairie Rural Water Association, Incorporated, and for other 

purposes, having considered the same, report favorably thereon 

without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 2978 is to allow the Assiniboine and Sioux 

Tribes of the Fort Peck Indian Reservation to enter into a lease or 

other temporary conveyance of water rights recognized under the 

Fort Peck-Montana Compact for the purpose of meeting the water 

needs of the Dry Prairie Rural Water Association, Incorporated, 

and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Fort Peck Reservation Rural Water System Act of 2000 

(Public Law 106–382) authorized the construction of a rural water 

project in the northeastern corner of Montana. The project will 

serve the Fort Peck Indian Reservation and the non-Indian Dry 

Prairie Rural Water System, which would deliver water to parts of 

Valley, Daniels, Sheridan and Roosevelt Counties outside the Fort 


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2 

Peck Reservation. The project will be able to serve a population of 

31,000 and is currently scheduled to be completed by 2011. 

The Dry Prairie Rural Water Authority was formed to manage 

the Dry Prairie rural water system. While the Assiniboine and 

Sioux Tribes of the Fort Peck Indian Reservation have sufficient 

water rights as determined under the Fort Peck-Montana Compact, 

the Authority does not. H.R. 2978 allows the Tribes and the Authority to enter into an agreement to allow for the conveyance of 

tribal water rights to the Authority for up to 100 years, thereby 

giving the Authority sufficient water to provide service through its 

new system. 

The Montana State Water Compact Commission has already approved the conveyance of the water rights from the Tribes to the 

Authority. The proposed agreement would allocate approximately 

2,800 acre-feet (one acre-foot is approximately 326,000 gallons) per 

year of water to the Authority. The Authority will not be required 

to compensate the Tribes for use of this water because the Tribes 

are not fully using their water rights and are not demanding payment. 

COMMITTEE ACTION

H.R. 2978 was introduced on June 17, 2005, by Congressman 

Dennis Rehberg (R–MT). The bill was referred to the Committee on 

Resources, and within the Committee to the Subcommittee on 

Water and Power. On December 7, 2005, the Subcommittee held a 

hearing on the bill. On March 29, 2006, the Full Resources Committee met to consider the bill. The Subcommittee on Water and 

Power was discharged from further consideration of the bill by 

unanimous consent. No amendments were offered, and the bill was 

ordered favorably reported to the House of Representatives by 

unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Montana Indian Tribes; agreement with Dry Prairie 

Rural Water Association, Incorporated 

This section allows the Assiniboine and Sioux Tribes of the Fort 

Peck Indian Reservation, with the approval of the Secretary of the 

Interior, to enter into a water rights lease with the Dry Prairie 

Rural Water Association, Incorporated, in northeastern Montana. 

The lease may be approved by the Secretary without requiring 

monetary compensation to the Tribes. However, if compensation is 

involved, the section stipulates that the Secretary shall not be held 

liable for any claim or any cause of action relating to compensation 

for the lease. The lease shall not exceed 100 years. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 


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COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 2978—A bill to allow the Assiniboine and Sioux Tribes of the 

Fort Peck Indian Reservation to enter into a lease or other temporary conveyance of water rights recognized under the Fort 

Peck-Montana Compact for the purpose of meeting the water 

needs of the Dry Prairie Rural Water Association, Incorporated, 

and for other purposes 

H.R. 2978 would allow the Assiniboine and Sioux Tribes of the 

Fort Peck Indian Reservation in Montana to enter into a lease or 

other temporary conveyance of water rights with the Dry Prairie 

Rural Water Association, Inc. Because the association’s water system is interconnected with that of the tribes, such an agreement 

would be necessary for the association to meet its water needs in 

accordance with the Fort Peck Reservation Rural Water System 

Act of 2000. Based on information from the Bureau of Reclamation, 

CBO estimates that enacting H.R. 2978 would have no significant 

effect on the federal budget. 

H.R. 2978 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. The bill 

would allow the Assiniboine and Sioux Tribes, with approval from 

the Bureau of Reclamation, to temporarily convey water rights to 

the Dry Prairie Rural Water Association. Any costs the tribes or association might incur to comply with the conditions of the conveyance would be incurred voluntarily. 

On January 31, 2006, CBO transmitted a cost estimate for S. 

1219, a bill to authorize certain tribes in the state of Montana to 

enter into a lease or other temporary conveyance of water rights 

to meet the water needs of the Dry Prairie Rural Water Association, Inc., as reported by the Senate Committee on Indian Affairs 

on January 18, 2006. The two pieces of legislation are similar, and 

the estimated costs are the same. 


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The CBO staff contact for this estimate is Mike Waters. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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