IIB

106TH CONGRESS

1ST SESSION H. R. 795

IN THE SENATE OF THE UNITED STATES

OCTOBER 19, 1999

Received; read twice and referred to the Committee on Indian Affairs

AN ACT

To provide for the settlement of the water rights claims

of the Chippewa Cree Tribe of the Rocky Boy’s Reservation, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Chippewa Cree Tribe

3 of The Rocky Boy’s Reservation Indian Reserved Water

4 Rights Settlement and Water Supply Enhancement Act of

5 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) in fulfillment of its trust responsibility to

9 Indian tribes and to promote tribal sovereignty and

10 economic self-sufficiency, it is the policy of the

11 United States to settle the water rights claims of the

12 tribes without lengthy and costly litigation;

13 (2) the Rocky Boy’s Reservation was estab14 lished as a homeland for the Chippewa Cree Tribe;

15 (3) adequate water for the Chippewa Cree

16 Tribe of the Rocky Boy’s Reservation is important

17 to a permanent, sustainable, and sovereign homeland

18 for the Tribe and its members;

19 (4) the sovereignty of the Chippewa Cree Tribe

20 and the economy of the Reservation depend on the

21 development of the water resources of the Reserva22 tion;

23 (5) the planning, design, and construction of

24 the facilities needed to utilize water supplies effec25 tively are necessary to the development of a viable
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1 Reservation economy and to implementation of the

2 Chippewa Cree-Montana Water Rights Compact;

3 (6) the Rocky Boy’s Reservation is located in a

4 water-short area of Montana and it is appropriate

5 that the Act provide funding for the development of

6 additional water supplies, including domestic water,

7 to meet the needs of the Chippewa Cree Tribe;

8 (7) proceedings to determine the full extent of

9 the water rights of the Chippewa Cree Tribe are cur10 rently pending before the Montana Water Court as

11 a part of the case ‘‘In the Matter of the Adjudica12 tion of All Rights to the Use of Water, Both Surface

13 and Underground, within the State of Montana’’;

14 (8) recognizing that final resolution of the gen15 eral stream adjudication will take many years and

16 entail great expense to all parties, prolong uncer17 tainty as to the availability of water supplies, and

18 seriously impair the long-term economic planning

19 and development of all parties, the Chippewa Cree

20 Tribe and the State of Montana entered into the

21 Compact on April 14, 1997; and

22 (9) the allocation of water resources from the

23 Tiber Reservoir to the Chippewa Cree Tribe under

24 this Act is uniquely suited to the geographic, social,
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1 and economic characteristics of the area and situa2 tion involved.

3 SEC. 3. PURPOSES.

4 The purposes of this Act are as follows:

5 (1) To achieve a fair, equitable, and final settle6 ment of all claims to water rights in the State of

7 Montana for—

8 (A) the Chippewa Cree Tribe; and

9 (B) the United States for the benefit of

10 the Chippewa Cree Tribe.

11 (2) To approve, ratify, and confirm, as modified

12 in this Act, the Chippewa Cree-Montana Water

13 Rights Compact entered into by the Chippewa Cree

14 Tribe of the Rocky Boy’s Reservation and the State

15 of Montana on April 14, 1997, and to provide fund16 ing and other authorization necessary for the imple17 mentation of the Compact.

18 (3) To authorize the Secretary of the Interior

19 to execute and implement the Compact referred to in

20 paragraph (2) and to take such other actions as are

21 necessary to implement the Compact in a manner

22 consistent with this Act.

23 (4) To authorize Federal feasibility studies de24 signed to identify and analyze potential mechanisms

25 to enhance, through conservation or otherwise, water
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1 supplies in north central Montana, including mecha2 nisms to import domestic water supplies for the fu3 ture growth of the Rocky Boy’s Indian Reservation.

4 (5) To authorize certain projects on the Rocky

5 Boy’s Indian Reservation, Montana, in order to im6 plement the Compact.

7 (6) To authorize certain modifications to the

8 purposes and operation of the Bureau of Reclama9 tion’s Tiber Dam and Lake Elwell on the Marias

10 River in Montana in order to provide the Tribe with

11 an allocation of water from Tiber Reservoir.

12 (7) To authorize the appropriation of funds

13 necessary for the implementation of the Compact.

14 SEC. 4. DEFINITIONS.

15 In this Act:

16 (1) ACT.—The term ‘‘Act’’ means the ‘‘Chip17 pewa Cree Tribe of The Rocky Boy’s Reservation In18 dian Reserved Water Rights Settlement and Water

19 Supply Enhancement Act of 1999’’.

20 (2) COMPACT.—The term ‘‘Compact’’ means

21 the water rights compact between the Chippewa

22 Cree Tribe of the Rocky Boy’s Reservation and the

23 State of Montana contained in section 85–20–601 of

24 the Montana Code Annotated (1997).
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1 (3) FINAL.—The term ‘‘final’’ with reference to

2 approval of the decree in section 101(b) means com3 pletion of any direct appeal to the Montana Supreme

4 Court of a final decree by the Water Court pursuant

5 to section 85–2–235 of the Montana Code Anno6 tated (1997), or to the Federal Court of Appeals, in7 cluding the expiration of the time in which a petition

8 for certiorari may be filed in the United States Su9 preme Court, denial of such a petition, or the

10 issuance of the Supreme Court’s mandate, whichever

11 occurs last.

12 (4) FUND.—The term ‘‘Fund’’ means the Chip13 pewa Cree Indian Reserved Water Rights Settlement

14 Fund established under section 104.

15 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’

16 has the meaning given that term in section 101(2)

17 of the Federally Recognized Indian Tribe List Act of

18 1994 (25 U.S.C. 479a(2)).

19 (6) MR&I FEASIBILITY STUDY.—The term

20 ‘‘MR&I feasibility study’’ means a municipal, rural,

21 and industrial, domestic, and incidental drought re22 lief feasibility study described in section 202.

23 (7) MISSOURI RIVER SYSTEM.—The term ‘‘Mis24 souri River System’’ means the mainstem of the
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1 Missouri River and its tributaries, including the

2 Marias River.

3 (8) RECLAMATION LAW.—The term ‘‘Reclama4 tion Law’’ has the meaning given the term ‘‘rec5 lamation law’’ in section 4 of the Act of December

6 5, 1924 (43 Stat. 701, chapter 4; 43 U.S.C. 371).

7 (9) ROCKY BOY’S RESERVATION; RESERVA8 TION.—The term ‘‘Rocky Boy’s Reservation’’ or

9 ‘‘Reservation’’ means the Rocky Boy’s Reservation

10 of the Chippewa Cree Tribe in Montana.

11 (10) SECRETARY.—The term ‘‘Secretary’’

12 means the Secretary of the Interior, or his or her

13 duly authorized representative.

14 (11) TOWE PONDS.—The term ‘‘Towe Ponds’’

15 means the reservoir or reservoirs referred to as

16 ‘‘Stoneman Reservoir’’ in the Compact.

17 (12) TRIBAL COMPACT ADMINISTRATION.—The

18 term ‘‘Tribal Compact Administration’’ means the

19 activities assumed by the Tribe for implementation

20 of the Compact as set forth in Article IV of the

21 Compact.

22 (13) TRIBAL WATER CODE.—The term ‘‘tribal

23 water code’’ means a water code adopted by the

24 Tribe, as provided in the Compact.

25 (14) TRIBAL WATER RIGHT.—
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1 (A) IN GENERAL.—The term ‘‘Tribal

2 Water Right’’ means the water right set forth

3 in section 85–20–601 of the Montana Code An4 notated (1997) and includes the water alloca5 tion set forth in title II of this Act.

6 (B) RULE OF CONSTRUCTION.—The defini7 tion of the term ‘‘Tribal Water Right’’ under

8 this paragraph and the treatment of that right

9 under this Act shall not be construed or inter10 preted as a precedent for the litigation of re11 served water rights or the interpretation or ad12 ministration of future compacts between the

13 United States and the State of Montana or any

14 other State.

15 (15) TRIBE.—The term ‘‘Tribe’’ means the

16 Chippewa Cree Tribe of the Rocky Boy’s Reserva17 tion and all officers, agents, and departments there18 of.

19 (16) WATER DEVELOPMENT.—The term ‘‘water

20 development’’ includes all activities that involve the

21 use of water or modification of water courses or

22 water bodies in any way.

23 SEC. 5. MISCELLANEOUS PROVISIONS.

24 (a) NONEXERCISE OF TRIBE’S RIGHTS.—Pursuant

25 to Tribal Resolution No. 40–98, and in exchange for bene-
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1 fits under this Act, the Tribe shall not exercise the rights

2 set forth in Article VII.A.3 of the Compact, except that

3 in the event that the approval, ratification, and confirma4 tion of the Compact by the United States becomes null

5 and void under section 101(b), the Tribe shall have the

6 right to exercise the rights set forth in Article VII.A.3 of

7 the Compact.

8 (b) WAIVER OF SOVEREIGN IMMUNITY.—Except to

9 the extent provided in subsections (a), (b), and (c) of

10 section 208 of the Department of Justice Appropriation

11 Act, 1953 (43 U.S.C. 666), nothing in this Act may be

12 construed to waive the sovereign immunity of the United

13 States.

14 (c) TRIBAL RELEASE OF CLAIMS AGAINST THE

15 UNITED STATES.—

16 (1) IN GENERAL.—Pursuant to Tribal Resolu17 tion No. 40–98, and in exchange for benefits under

18 this Act, the Tribe shall, on the date of enactment

19 of this Act, execute a waiver and release of the

20 claims described in paragraph (2) against the United

21 States, the validity of which are not recognized by

22 the United States, except that—

23 (A) the waiver and release of claims shall

24 not become effective until the appropriation of

25 the funds authorized in section 105, the water
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1 allocation in section 201, and the appropriation

2 of funds for the MR&I feasibility study author3 ized in section 204 have been completed and the

4 decree has become final in accordance with the

5 requirements of section 101(b); and

6 (B) in the event that the approval, ratifica7 tion, and confirmation of the Compact by the

8 United States becomes null and void under sec9 tion 101(b), the waiver and release of claims

10 shall become null and void.

11 (2) CLAIMS DESCRIBED.—The claims referred

12 to in paragraph (1) are as follows:

13 (A) Any and all claims to water rights (in14 cluding water rights in surface water, ground

15 water, and effluent), claims for injuries to

16 water rights, claims for loss or deprivation of

17 use of water rights, and claims for failure to ac18 quire or develop water rights for lands of the

19 Tribe from time immemorial to the date of rati20 fication of the Compact by Congress.

21 (B) Any and all claims arising out of the

22 negotiation of the Compact and the settlement

23 authorized by this Act.
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1 (3) SETOFFS.—In the event the waiver and re2 lease do not become effective as set forth in para3 graph (1)—

4 (A) the United States shall be entitled to

5 setoff against any claim for damages asserted

6 by the Tribe against the United States, any

7 funds transferred to the Tribe pursuant to sec8 tion 104, and any interest accrued thereon up

9 to the date of setoff; and

10 (B) the United States shall retain any

11 other claims or defenses not waived in this Act

12 or in the Compact as modified by this Act.

13 (d) OTHER TRIBES NOT ADVERSELY AFFECTED.—

14 Nothing in this Act is intended to quantify or otherwise

15 adversely affect the land and water rights, or claims or

16 entitlements to land or water of an Indian tribe other than

17 the Chippewa Cree Tribe.

18 (e) ENVIRONMENTAL COMPLIANCE.—In imple19 menting the Compact, the Secretary shall comply with all

20 aspects of the National Environmental Policy Act of 1969

21 (42 U.S.C. 4321 et seq.), the Endangered Species Act of

22 1973 (16 U.S.C. 1531 et seq.), and all other applicable

23 environmental Acts and regulations.

24 (f) EXECUTION OF COMPACT.—The execution of the

25 Compact by the Secretary as provided for in this Act shall
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1 not constitute a major Federal action under the National

2 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

3 seq.). The Secretary is directed to carry out all necessary

4 environmental compliance required by Federal law in im5 plementing the Compact.

6 (g) CONGRESSIONAL INTENT.—Nothing in this Act

7 is intended to prohibit the Tribe from seeking additional

8 authorization or appropriation of funds for tribal pro9 grams or purposes.

10 (h) ACT NOT PRECEDENTIAL.—Nothing in this Act

11 shall be construed or interpreted as a precedent for the

12 litigation of reserved water rights or the interpretation or

13 administration of future water settlement Acts.

14 TITLE I—CHIPPEWA CREE TRIBE

15 OF THE ROCKY BOY’S RES16 ERVATION INDIAN RESERVED

17 WATER RIGHTS SETTLEMENT

18 SEC. 101. RATIFICATION OF COMPACT AND ENTRY OF DE19 CREE.

20 (a) WATER RIGHTS COMPACT APPROVED.—Except

21 as modified by this Act, and to the extent the Compact

22 does not conflict with this Act—

23 (1) the Compact, entered into by the Chippewa

24 Cree Tribe of the Rocky Boy’s Reservation and the
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1 State of Montana on April 14, 1997, is hereby ap2 proved, ratified, and confirmed; and

3 (2) the Secretary shall—

4 (A) execute and implement the Compact

5 together with any amendments agreed to by the

6 parties or necessary to bring the Compact into

7 conformity with this Act; and

8 (B) take such other actions as are nec9 essary to implement the Compact.

10 (b) APPROVAL OF DECREE.—

11 (1) IN GENERAL.—Not later than 180 days

12 after the date of enactment of this Act, the United

13 States, the Tribe, or the State of Montana shall pe14 tition the Montana Water Court, individually or

15 jointly, to enter and approve the decree agreed to by

16 the United States, the Tribe, and the State of Mon17 tana attached as Appendix 1 to the Compact, or any

18 amended version thereof agreed to by the United

19 States, the Tribe, and the State of Montana.

20 (2) RESORT TO THE FEDERAL DISTRICT

21 COURT.—Under the circumstances set forth in Arti22 cle VII.B.4 of the Compact, one or more parties may

23 file an appropriate motion (as provided in that arti24 cle) in the United States district court of appro25 priate jurisdiction.
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1 (3) EFFECT OF FAILURE OF APPROVAL TO BE2 COME FINAL.—In the event the approval by the ap3 propriate court, including any direct appeal, does

4 not become final within 3 years after the filing of

5 the decree, or the decree is approved but is subse6 quently set aside by the appropriate court—

7 (A) the approval, ratification, and con8 firmation of the Compact by the United States

9 shall be null and void; and

10 (B) except as provided in sections

11 105(e)(1), 5(a), and 5(c)(3), this Act shall be

12 of no further force and effect.

13 SEC. 102. USE AND TRANSFER OF THE TRIBAL WATER

14 RIGHT.

15 (a) ADMINISTRATION AND ENFORCEMENT.—As pro16 vided in the Compact, until the adoption and approval of

17 a tribal water code by the Tribe, the Secretary shall ad18 minister and enforce the Tribal Water Right.

19 (b) TRIBAL MEMBER ENTITLEMENT.—

20 (1) IN GENERAL.—Any entitlement to Federal

21 Indian reserved water of any tribal member shall be

22 satisfied solely from the water secured to the Tribe

23 by the Compact and shall be governed by the terms

24 and conditions of the Compact.
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1 (2) ADMINISTRATION.—An entitlement de2 scribed in paragraph (1) shall be administered by

3 the Tribe pursuant to a tribal water code developed

4 and adopted pursuant to Article IV.A.2 of the Com5 pact, or by the Secretary pending the adoption and

6 approval of the tribal water code.

7 (c) TEMPORARY TRANSFER OF TRIBAL WATER

8 RIGHT.—Notwithstanding any other provision of statutory

9 or common law, the Tribe may, with the approval of the

10 Secretary and subject to the limitations and conditions set

11 forth in the Compact, including limitation on transfer of

12 any portion of the Tribal Water Right to within the Mis13 souri River Basin, enter into a service contract, lease, ex14 change, or other agreement providing for the temporary

15 delivery, use, or transfer of the water rights confirmed to

16 the Tribe in the Compact, except that no service contract,

17 lease, exchange, or other agreement entered into under

18 this subsection may permanently alienate any portion of

19 the Tribal Water Right.

20 SEC. 103. ON-RESERVATION WATER RESOURCES DEVELOP21 MENT.

22 (a) WATER DEVELOPMENT PROJECTS.—The Sec23 retary, through the Bureau of Reclamation, is authorized

24 and directed to plan, design, and construct, or to provide,

25 pursuant to subsection (b), for the planning, design, and
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1 construction of the following water development projects

2 on the Rocky Boy’s Reservation:

3 (1) Bonneau Dam and Reservoir Enlargement.

4 (2) East Fork of Beaver Creek Dam Repair

5 and Enlargement.

6 (3) Brown’s Dam Enlargement.

7 (4) Towe Ponds’ Enlargement.

8 (5) Such other water development projects as

9 the Tribe shall from time to time consider appro10 priate.

11 (b) IMPLEMENTATION AGREEMENT.—The Secretary,

12 at the request of the Tribe, shall enter into an agreement,

13 or, if appropriate, renegotiate an existing agreement, with

14 the Tribe to implement the provisions of this Act through

15 the Tribe’s annual funding agreement entered into under

16 the self-governance program under title IV of the Indian

17 Self-Determination and Education Assistance Act (25

18 U.S.C. 458aa et seq.) by which the Tribe shall plan, de19 sign, and construct any or all of the projects authorized

20 by this section.

21 (c) BUREAU OF RECLAMATION PROJECT ADMINIS22 TRATION.—

23 (1) IN GENERAL.—Congress finds that the Sec24 retary, through the Bureau of Reclamation, has en25 tered into an agreement with the Tribe, pursuant to
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1 title IV of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 458aa et seq.)—

3 (A) defining and limiting the role of the

4 Bureau of Reclamation in its administration of

5 the projects authorized in subsection (a);

6 (B) establishing the standards upon which

7 the projects will be constructed; and

8 (C) for other purposes necessary to imple9 ment this section.

10 (2) AGREEMENT.—The agreement referred to

11 in paragraph (1) shall become effective when the

12 Tribe exercises its right under subsection (b).

13 SEC. 104. CHIPPEWA CREE INDIAN RESERVED WATER

14 RIGHTS SETTLEMENT TRUST FUND.

15 (a) ESTABLISHMENT OF TRUST FUND.—

16 (1) IN GENERAL.—

17 (A) ESTABLISHMENT.—There is hereby es18 tablished in the Treasury of the United States

19 a trust fund for the Chippewa Cree Tribe of the

20 Rocky Boy’s Reservation to be known as the

21 ‘‘Chippewa Cree Indian Reserved Water Rights

22 Settlement Trust Fund’’.

23 (B) AVAILABILITY OF AMOUNTS IN

24 FUND.—
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1 (i) IN GENERAL.—Amounts in the

2 Fund shall be available to the Secretary

3 for management and investment on behalf

4 of the Tribe and distribution to the Tribe

5 in accordance with this Act.

6 (ii) AVAILABILITY.—Funds made

7 available from the Fund under this section

8 shall be available without fiscal year limita9 tion.

10 (2) MANAGEMENT OF FUND.—The Secretary

11 shall deposit and manage the principal and interest

12 in the Fund in a manner consistent with subsection

13 (b) and other applicable provisions of this Act.

14 (3) CONTENTS OF FUND.—The Fund shall con15 sist of the amounts authorized to be appropriated to

16 the Fund under section 105(a) and such other

17 amounts as may be transferred or credited to the

18 Fund.

19 (4) WITHDRAWAL.—The Tribe, with the ap20 proval of the Secretary, may withdraw the Fund and

21 deposit it in a mutually agreed upon private finan22 cial institution. That withdrawal shall be made pur23 suant to the American Indian Trust Fund Manage24 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.).
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1 (5) ACCOUNTS.—The Secretary of the Interior

2 shall establish the following accounts in the Fund

3 and shall allocate appropriations to the various ac4 counts as required in this Act:

5 (A) The Tribal Compact Administration

6 Account.

7 (B) The Economic Development Account.

8 (C) The Future Water Supply Facilities

9 Account.

10 (b) FUND MANAGEMENT.—

11 (1) IN GENERAL.—

12 (A) AMOUNTS IN FUND.—The Fund shall

13 consist of such amounts as are appropriated to

14 the Fund and allocated to the accounts of the

15 Fund by the Secretary as provided in this Act

16 and in accordance with the authorizations for

17 appropriations in paragraphs (1), (2), and (3)

18 of section 105(a), together with all interest that

19 accrues in the Fund.

20 (B) MANAGEMENT BY SECRETARY.—The

21 Secretary shall manage the Fund, make invest22 ments from the Fund, and make available funds

23 from the Fund for distribution to the Tribe in

24 a manner consistent with the American Indian
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1 Trust Fund Management Reform Act of 1994

2 (25 U.S.C. 4001 et seq.).

3 (2) TRIBAL MANAGEMENT.—

4 (A) IN GENERAL.—If the Tribe exercises

5 its right pursuant to subsection (a)(4) to with6 draw the Fund and deposit it in a private fi7 nancial institution, except as provided in the

8 withdrawal plan, neither the Secretary nor the

9 Secretary of the Treasury shall retain any over10 sight over or liability for the accounting, dis11 bursement, or investment of the funds.

12 (B) WITHDRAWAL PLAN.—The withdrawal

13 plan shall provide for—

14 (i) the creation of accounts and allo15 cation to accounts in a fund established

16 under the plan in a manner consistent with

17 subsection (a); and

18 (ii) the appropriate terms and condi19 tions, if any, on expenditures from the

20 Fund (in addition to the requirements of

21 the plans set forth in paragraphs (2) and

22 (3) of subsection (c)).

23 (c) USE OF FUND.—The Tribe shall use the Fund

24 to fulfill the purposes of this Act, subject to the following

25 restrictions on expenditures:
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1 (1) Except for $400,000 necessary for capital

2 expenditures in connection with Tribal Compact Ad3 ministration, only interest accrued on the Tribal

4 Compact Administration Account referred to in sub5 section (a)(5)(A) shall be available to satisfy the

6 Tribe’s obligations for Tribal Compact Administra7 tion under the provisions of the Compact.

8 (2) Both principal and accrued interest on the

9 Economic Development Account referred to in sub10 section (a)(5)(B) shall be available to the Tribe for

11 expenditure pursuant to an economic development

12 plan approved by the Secretary.

13 (3) Both principal and accrued interest on the

14 Future Water Supply Facilities Account referred to

15 in subsection (a)(5)(C) shall be available to the

16 Tribe for expenditure pursuant to a water supply

17 plan approved by the Secretary.

18 (d) INVESTMENT OF FUND.—

19 (1) IN GENERAL.—

20 (A) APPLICABLE LAWS.—The Secretary

21 shall invest amounts in the Fund in accordance

22 with—

23 (i) the Act of April 1, 1880 (21 Stat.

24 70, chapter 41; 25 U.S.C. 161);
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1 (ii) the first section of the Act entitled

2 ‘‘An Act to authorize the payment of inter3 est of certain funds held in trust by the

4 United States for Indian tribes’’, approved

5 February 12, 1929 (25 U.S.C. 161a); and

6 (iii) the first section of the Act enti7 tled ‘‘An Act to authorize the deposit and

8 investment of Indian funds’’, approved

9 June 24, 1938 (25 U.S.C. 162a).

10 (B) CREDITING OF AMOUNTS TO THE

11 FUND.—The interest on, and the proceeds from

12 the sale or redemption of, any obligations of the

13 United States held in the Fund shall be cred14 ited to and form part of the Fund. The Sec15 retary of the Treasury shall credit to each of

16 the accounts contained in the Fund a propor17 tionate amount of that interest and proceeds.

18 (2) CERTAIN WITHDRAWN FUNDS.—

19 (A) IN GENERAL.—Amounts withdrawn

20 from the Fund and deposited in a private finan21 cial institution pursuant to a withdrawal plan

22 approved by the Secretary under the American

23 Indian Trust Fund Management Reform Act of

24 1994 (25 U.S.C. 4001 et seq.) shall be invested

25 by an appropriate official under that plan.
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1 (B) DEPOSIT OF INTEREST AND PRO2 CEEDS.—The interest on, and the proceeds

3 from the sale or redemption of, any obligations

4 held under this paragraph shall be deposited in

5 the private financial institution referred to in

6 subparagraph (A) in the fund established pur7 suant to the withdrawal plan referred to in that

8 subparagraph. The appropriate official shall

9 credit to each of the accounts contained in that

10 fund a proportionate amount of that interest

11 and proceeds.

12 (e) AGREEMENT REGARDING FUND EXPENDI13 TURES.—If the Tribe does not exercise its right under

14 subsection (a)(4) to withdraw the funds in the Fund and

15 transfer those funds to a private financial institution, the

16 Secretary shall enter into an agreement with the Tribe

17 providing for appropriate terms and conditions, if any, on

18 expenditures from the Fund in addition to the plans set

19 forth in paragraphs (2) and (3) of subsection (c).

20 (f) PER CAPITA DISTRIBUTIONS PROHIBITED.—No

21 part of the Fund shall be distributed on a per capita basis

22 to members of the Tribe.
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1 SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

2 (a) CHIPPEWA CREE FUND.—There is authorized to

3 be appropriated for the Fund, $21,000,000 to be allocated

4 by the Secretary as follows:

5 (1) TRIBAL COMPACT ADMINISTRATION AC6 COUNT.—For Tribal Compact Administration as7 sumed by the Tribe under the Compact and this Act,

8 $3,000,000 is authorized to be appropriated for fis9 cal year 2000.

10 (2) ECONOMIC DEVELOPMENT ACCOUNT.—For

11 tribal economic development, $3,000,000 is author12 ized to be appropriated for fiscal year 2000.

13 (3) FUTURE WATER SUPPLY FACILITIES AC14 COUNT.—For the total Federal contribution to the

15 planning, design, construction, operation, mainte16 nance, and rehabilitation of a future water supply

17 system for the Reservation, there are authorized to

18 be appropriated—

19 (A) $2,000,000 for fiscal year 2000;

20 (B) $8,000,000 for fiscal year 2001; and

21 (C) $5,000,000 for fiscal year 2002.

22 (b) ON-RESERVATION WATER DEVELOPMENT.—

23 (1) IN GENERAL.—There are authorized to be

24 appropriated to the Department of the Interior, for

25 the Bureau of Reclamation, for the construction of
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1 the on-Reservation water development projects au2 thorized by section 103—

3 (A) $13,000,000 for fiscal year 2000, for

4 the planning, design, and construction of the

5 Bonneau Dam Enlargement, for the develop6 ment of additional capacity in Bonneau Res7 ervoir for storage of water secured to the Tribe

8 under the Compact;

9 (B) $8,000,000 for fiscal year 2001, for

10 the planning, design, and construction of the

11 East Fork Dam and Reservoir enlargement, of

12 the Brown’s Dam and Reservoir enlargement,

13 and of the Towe Ponds enlargement of which—

14 (i) $4,000,000 shall be used for the

15 East Fork Dam and Reservoir enlarge16 ment;

17 (ii) $2,000,000 shall be used for the

18 Brown’s Dam and Reservoir enlargement;

19 and

20 (iii) $2,000,000 shall be used for the

21 Towe Ponds enlargement; and

22 (C) $3,000,000 for fiscal year 2002, for

23 the planning, design, and construction of such

24 other water resource developments as the Tribe,

25 with the approval of the Secretary, from time to
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1 time may consider appropriate or for the com2 pletion of the four projects enumerated in sub3 paragraphs (A) and (B) of paragraph (1).

4 (2) UNEXPENDED BALANCES.—Any unex5 pended balance in the funds authorized to be appro6 priated under subparagraph (A) or (B) of paragraph

7 (1), after substantial completion of all of the

8 projects enumerated in paragraphs (1) through (4)

9 of section 103(a)—

10 (A) shall be available to the Tribe first for

11 completion of the enumerated projects; and

12 (B) then for other water resource develop13 ment projects on the Reservation.

14 (c) ADMINISTRATION COSTS.—There is authorized to

15 be appropriated to the Department of the Interior, for the

16 Bureau of Reclamation, $1,000,000 for fiscal year 2000,

17 for the costs of administration of the Bureau of Reclama18 tion under this Act, except that—

19 (1) if those costs exceed $1,000,000, the Bu20 reau of Reclamation may use funds authorized for

21 appropriation under subsection (b) for costs; and

22 (2) the Bureau of Reclamation shall exercise its

23 best efforts to minimize those costs to avoid expendi24 tures for the costs of administration under this Act

25 that exceed a total of $1,000,000.
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1 (d) AVAILABILITY OF FUNDS.—

2 (1) IN GENERAL.—The amounts authorized to

3 be appropriated to the Fund and allocated to its ac4 counts pursuant to subsection (a) shall be deposited

5 into the Fund and allocated immediately on appro6 priation.

7 (2) INVESTMENTS.—Investments may be made

8 from the Fund pursuant to section 104(d).

9 (3) AVAILABILITY OF CERTAIN MONEYS.—The

10 amounts authorized to be appropriated in subsection

11 (a)(1) shall be available for use immediately upon

12 appropriation in accordance with subsection

13 104(c)(1).

14 (4) LIMITATION.—Those moneys allocated by

15 the Secretary to accounts in the Fund or in a fund

16 established under section 104(a)(4) shall draw inter17 est consistent with section 104(d), but the moneys

18 authorized to be appropriated under subsection (b)

19 and paragraphs (2) and (3) of subsection (a) shall

20 not be available for expenditure until the require21 ments of section 101(b) have been met so that the

22 decree has become final and the Tribe has executed

23 the waiver and release required under section 5(c).

24 (e) RETURN OF FUNDS TO THE TREASURY—
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1 (1) IN GENERAL.—In the event that the ap2 proval, ratification, and confirmation of the Compact

3 by the United States becomes null and void under

4 section 101(b), all unexpended funds appropriated

5 under the authority of this Act together with all in6 terest earned on such funds, notwithstanding wheth7 er the funds are held by the Tribe, a private institu8 tion, or the Secretary, shall revert to the general

9 fund of the Treasury 12 months after the expiration

10 of the deadline established in section 101(b).

11 (2) INCLUSION IN AGREEMENTS AND PLAN.—

12 The requirements in paragraph (1) shall be included

13 in all annual funding agreements entered into under

14 the self-governance program under title IV of the In15 dian Self-Determination and Education Assistance

16 Act (25 U.S.C. 458aa et seq.), withdrawal plans,

17 withdrawal agreements, or any other agreements for

18 withdrawal or transfer of the funds to the Tribe or

19 a private financial institution under this Act.

20 (f) WITHOUT FISCAL YEAR LIMITATION.—All money

21 appropriated pursuant to authorizations under this title

22 shall be available without fiscal year limitation.
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1 SEC. 106. STATE CONTRIBUTIONS TO SETTLEMENT.

2 Consistent with Articles VI.C.2 and C.3 of the Com3 pact, the State contribution to settlement shall be as fol4 lows:

5 (1) The contribution of $150,000 appropriated

6 by Montana House Bill 6 of the 55th Legislative

7 Session (1997) shall be used for the following pur8 poses:

9 (A) Water quality discharge monitoring

10 wells and monitoring program.

11 (B) A diversion structure on Big Sandy

12 Creek.

13 (C) A conveyance structure on Box Elder

14 Creek.

15 (D) The purchase of contract water from

16 Lower Beaver Creek Reservoir.

17 (2) Subject to the availability of funds, the

18 State shall provide services valued at $400,000 for

19 administration required by the Compact and for

20 water quality sampling required by the Compact.

21 TITLE II—TIBER RESERVOIR AL22 LOCATION AND FEASIBILITY

23 STUDIES AUTHORIZATION

24 SEC. 201. TIBER RESERVOIR.

25 (a) ALLOCATION OF WATER TO THE TRIBE.—
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1 (1) IN GENERAL.—The Secretary shall perma2 nently allocate to the Tribe, without cost to the

3 Tribe, 10,000 acre-feet per year of stored water

4 from the water right of the Bureau of Reclamation

5 in Lake Elwell, Lower Marias Unit, Upper Missouri

6 Division, Pick-Sloan Missouri Basin Program, Mon7 tana, measured at the outlet works of the dam or at

8 the diversion point from the reservoir. The allocation

9 shall become effective when the decree referred to in

10 section 101(b) has become final in accordance with

11 that section. The allocation shall be part of the Trib12 al Water Right and subject to the terms of this Act.

13 (2) AGREEMENT.—The Secretary shall enter

14 into an agreement with the Tribe setting forth the

15 terms of the allocation and providing for the Tribe’s

16 use or temporary transfer of water stored in Lake

17 Elwell, subject to the terms and conditions of the

18 Compact and this Act.

19 (3) PRIOR RESERVED WATER RIGHTS.—The al20 location provided in this section shall be subject to

21 the prior reserved water rights, if any, of any Indian

22 tribe, or person claiming water through any Indian

23 tribe.

24 (b) USE AND TEMPORARY TRANSFER OF ALLOCA25 TION.—
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1 (1) IN GENERAL.—Subject to the limitations

2 and conditions set forth in the Compact and this

3 Act, the Tribe shall have the right to devote the

4 water allocated by this section to any use, including

5 agricultural, municipal, commercial, industrial, min6 ing, or recreational uses, within or outside the Rocky

7 Boy’s Reservation.

8 (2) CONTRACTS AND AGREEMENTS.—Notwith9 standing any other provision of statutory or common

10 law, the Tribe may, with the approval of the Sec11 retary and subject to the limitations and conditions

12 set forth in the Compact, enter into a service con13 tract, lease, exchange, or other agreement providing

14 for the temporary delivery, use, or transfer of the

15 water allocated by this section, except that no such

16 service contract, lease, exchange, or other agreement

17 may permanently alienate any portion of the tribal

18 allocation.

19 (c) REMAINING STORAGE.—The United States shall

20 retain the right to use for any authorized purpose, any

21 and all storage remaining in Lake Elwell after the alloca22 tion made to the Tribe in subsection 201(a).

23 (d) WATER TRANSPORT OBLIGATION; DEVELOP24 MENT AND DELIVERY COSTS.—The United States shall

25 have no responsibility or obligation to provide any facility
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1 for the transport of the water allocated by this section to

2 the Rocky Boy’s Reservation or to any other location. Ex3 cept for the contribution set forth in subsection 105(a)(3),

4 the cost of developing and delivering the water allocated

5 by this title or any other supplemental water to the Rocky

6 Boy’s Reservation shall not be borne by the United States.

7 (e) SECTION NOT PRECEDENTIAL.—The provisions

8 of this section regarding the allocation of water resources

9 from the Tiber Reservoir to the Tribe shall not be con10 strued as precedent in the litigation or settlement of any

11 other Indian water right claims.

12 SEC. 202. MUNICIPAL, RURAL, AND INDUSTRIAL FEASI13 BILITY STUDY.

14 (a) AUTHORIZATION.—

15 (1) IN GENERAL.—

16 (A) STUDY.—The Secretary, through the

17 Bureau of Reclamation, shall perform an MR&I

18 feasibility study of water and related resources

19 in north central Montana to evaluate alter20 natives for a municipal, rural, and industrial

21 supply for the Rocky Boy’s Reservation.

22 (B) USE OF FUNDS MADE AVAILABLE FOR

23 FISCAL YEAR 1999.—The authority under sub24 paragraph (A) shall be deemed to apply to

25 MR&I feasibility study activities for which
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1 funds were made available by appropriations for

2 fiscal year 1999.

3 (2) CONTENTS OF STUDY.—The MR&I feasi4 bility study shall include the feasibility of releasing

5 the Tribe’s Tiber allocation as provided in section

6 201 into the Missouri River System for later diver7 sion to a treatment and delivery system for the

8 Rocky Boy’s Reservation.

9 (3) UTILIZATION OF EXISTING STUDIES.—The

10 MR&I feasibility study shall include utilization of ex11 isting Federal and non-Federal studies and shall be

12 planned and conducted in consultation with other

13 Federal agencies, the State of Montana, and the

14 Chippewa Cree Tribe.

15 (b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED

16 OFF-RESERVATION SYSTEM.—The United States, the

17 Chippewa Cree Tribe of the Rocky Boy’s Reservation, and

18 the State of Montana shall not be obligated to accept or

19 participate in any potential off-Reservation water supply

20 system identified in the MR&I feasibility study authorized

21 in subsection (a).

22 SEC. 203. REGIONAL FEASIBILITY STUDY.

23 (a) IN GENERAL.—

24 (1) STUDY.—The Secretary, through the Bu25 reau of Reclamation, shall conduct, pursuant to Rec-
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1 lamation Law, a regional feasibility study (referred

2 to in this subsection as the ‘‘regional feasibility

3 study’’) to evaluate water and related resources in

4 north central Montana in order to determine the

5 limitations of those resources and how those re6 sources can best be managed and developed to serve

7 the needs of the citizens of Montana.

8 (2) USE OF FUNDS MADE AVAILABLE FOR FIS9 CAL YEAR 1999.—The authority under paragraph (1)

10 shall be deemed to apply to regional feasibility study

11 activities for which funds were made available by ap12 propriations for fiscal year 1999.

13 (b) CONTENTS OF STUDY.—The regional feasibility

14 study shall—

15 (1) evaluate existing and potential water sup16 plies, uses, and management;

17 (2) identify major water-related issues, includ18 ing environmental, water supply, and economic

19 issues;

20 (3) evaluate opportunities to resolve the issues

21 referred to in paragraph (2); and

22 (4) evaluate options for implementation of reso23 lutions to the issues.
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1 (c) REQUIREMENTS.—Because of the regional and

2 international impact of the regional feasibility study, the

3 study may not be segmented. The regional study shall—

4 (1) utilize, to the maximum extent possible, ex5 isting information; and

6 (2) be planned and conducted in consultation

7 with all affected interests, including interests in

8 Canada.

9 SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR FEA10 SIBILITY STUDIES.

11 (a) FISCAL YEAR 1999 APPROPRIATIONS.—Of the

12 amounts made available by appropriations for fiscal year

13 1999 for the Bureau of Reclamation, $1,000,000 shall be

14 used for the purpose of commencing the MR&I feasibility

15 study under section 202 and the regional study under sec16 tion 203, of which—

17 (1) $500,000 shall be used for the MR&I study

18 under section 202; and

19 (2) $500,000 shall be used for the regional

20 study under section 203.

21 (b) FEASIBILITY STUDIES.—There is authorized to

22 be appropriated to the Department of the Interior, for the

23 Bureau of Reclamation, for the purpose of conducting the

24 MR&I feasibility study under section 202 and the regional
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1 study under section 203, $3,000,000 for fiscal year 2000,

2 of which—

3 (1) $500,000 shall be used for the MR&I feasi4 bility study under section 202; and

5 (2) $2,500,000 shall be used for the regional

6 study under section 203.

7 (c) WITHOUT FISCAL YEAR LIMITATION.—All money

8 appropriated pursuant to authorizations under this title

9 shall be available without fiscal year limitation.

10 (d) AVAILABILITY OF CERTAIN MONEYS.—The

11 amounts made available for use under subsection (a) shall

12 be deemed to have been available for use as of the date

13 on which those funds were appropriated. The amounts au14 thorized to be appropriated in subsection (b) shall be avail15 able for use immediately upon appropriation.

Passed the House of Representatives October 18,

1999.

Attest: JEFF TRANDAHL,

Clerk.