Union Calendar No. 217

106TH CONGRESS

1ST SESSION H. R. 795

[Report No. 106–374]

A BILL

To provide for the settlement of the water rights

claims of the Chippewa Cree Tribe of the RockyBoy’s Reservation, and for other purposes.

OCTOBER 12, 1999

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union

and ordered to be printed
IB

Union Calendar No. 217

106TH CONGRESS

1ST SESSION H. R. 795

[Report No. 106–374]

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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1999

Mr. HILL of Montana introduced the following bill; which was referred to the

Committee on Resources

OCTOBER 12, 1999

Additional sponsors: Mr. YOUNG of Alaska, Mr. KILDEE, and Mr. HAYWORTH

OCTOBER 12, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 23, 1999]

A BILL

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 In9 dian tribes and to promote tribal sovereignty and eco10 nomic self-sufficiency, it is the policy of the United

11 States to settle the water rights claims of the tribes

12 without lengthy and costly litigation;

13 (2) the Rocky Boy’s Reservation was established

14 as a homeland for the Chippewa Cree Tribe;

15 (3) adequate water for the Chippewa Cree Tribe

16 of the Rocky Boy’s Reservation is important to a per17 manent, sustainable, and sovereign homeland for the

18 Tribe and its members;

19 (4) the sovereignty of the Chippewa Cree Tribe

20 and the economy of the Reservation depend on the de21 velopment of the water resources of the Reservation;

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

23 facilities needed to utilize water supplies effectively

24 are necessary to the development of a viable Reserva25 tion economy and to implementation of the Chippewa

26 Cree-Montana Water Rights Compact;
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1 (6) the Rocky Boy’s Reservation is located in a

2 water-short area of Montana and it is appropriate

3 that the Act provide funding for the development of

4 additional water supplies, including domestic water,

5 to meet the needs of the Chippewa Cree Tribe;

6 (7) proceedings to determine the full extent of the

7 water rights of the Chippewa Cree Tribe are currently

8 pending before the Montana Water Court as a part of

9 the case ‘‘In the Matter of the Adjudication of All

10 Rights to the Use of Water, Both Surface and Under11 ground, within the State of Montana’’;

12 (8) recognizing that final resolution of the gen13 eral stream adjudication will take many years and

14 entail great expense to all parties, prolong uncer15 tainty as to the availability of water supplies, and se16 riously impair the long-term economic planning and

17 development of all parties, the Chippewa Cree Tribe

18 and the State of Montana entered into the Compact

19 on April 14, 1997; and

20 (9) the allocation of water resources from the

21 Tiber Reservoir to the Chippewa Cree Tribe under

22 this Act is uniquely suited to the geographic, social,

23 and economic characteristics of the area and situation

24 involved.
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1 SEC. 3. PURPOSES.

2 The purposes of this Act are as follows:

3 (1) To achieve a fair, equitable, and final settle4 ment of all claims to water rights in the State of

5 Montana for—

6 (A) the Chippewa Cree Tribe; and

7 (B) the United States for the benefit of the

8 Chippewa Cree Tribe.

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

10 in this Act, the Chippewa Cree-Montana Water

11 Rights Compact entered into by the Chippewa Cree

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

13 of Montana on April 14, 1997, and to provide fund14 ing and other authorization necessary for the imple15 mentation of the Compact.

16 (3) To authorize the Secretary of the Interior to

17 execute and implement the Compact referred to in

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

19 necessary to implement the Compact in a manner

20 consistent with this Act.

21 (4) To authorize Federal feasibility studies de22 signed to identify and analyze potential mechanisms

23 to enhance, through conservation or otherwise, water

24 supplies in north central Montana, including mecha25 nisms to import domestic water supplies for the fu26 ture growth of the Rocky Boy’s Indian Reservation.
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1 (5) To authorize certain projects on the Rocky

2 Boy’s Indian Reservation, Montana, in order to im3 plement the Compact.

4 (6) To authorize certain modifications to the

5 purposes and operation of the Bureau of Reclama6 tion’s Tiber Dam and Lake Elwell on the Marias

7 River in Montana in order to provide the Tribe with

8 an allocation of water from Tiber Reservoir.

9 (7) To authorize the appropriation of funds nec10 essary for the implementation of the Compact.

11 SEC. 4. DEFINITIONS.

12 In this Act:

13 (1) ACT.—The term ‘‘Act’’ means the ‘‘Chippewa

14 Cree Tribe of The Rocky Boy’s Reservation Indian

15 Reserved Water Rights Settlement and Water Supply

16 Enhancement Act of 1999’’.

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

18 water rights compact between the Chippewa Cree

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

20 of Montana contained in section 85–20–601 of the

21 Montana Code Annotated (1997).

22 (3) FINAL.—The term ‘‘final’’ with reference to

23 approval of the decree in section 101(b) means com24 pletion of any direct appeal to the Montana Supreme

25 Court of a final decree by the Water Court pursuant
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1 to section 85–2–235 of the Montana Code Annotated

2 (1997), or to the Federal Court of Appeals, including

3 the expiration of the time in which a petition for cer4 tiorari may be filed in the United States Supreme

5 Court, denial of such a petition, or the issuance of the

6 Supreme Court’s mandate, whichever occurs last.

7 (4) FUND.—The term ‘‘Fund’’ means the Chip8 pewa Cree Indian Reserved Water Rights Settlement

9 Fund established under section 104.

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

11 the meaning given that term in section 101(2) of the

12 Federally Recognized Indian Tribe List Act of 1994

13 (25 U.S.C. 479a(2)).

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

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

16 and industrial, domestic, and incidental drought re17 lief feasibility study described in section 202.

18 (7) MISSOURI RIVER SYSTEM.—The term ‘‘Mis19 souri River System’’ means the mainstem of the Mis20 souri River and its tributaries, including the Marias

21 River.

22 (8) RECLAMATION LAW.—The term ‘‘Reclamation

23 Law’’ has the meaning given the term ‘‘reclamation

24 law’’ in section 4 of the Act of December 5, 1924 (43

25 Stat. 701, chapter 4; 43 U.S.C. 371).
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1 (9) ROCKY BOY’S RESERVATION; RESERVATION.—

2 The term ‘‘Rocky Boy’s Reservation’’ or ‘‘Reserva3 tion’’ means the Rocky Boy’s Reservation of the Chip4 pewa Cree Tribe in Montana.

5 (10) SECRETARY.—The term ‘‘Secretary’’ means

6 the Secretary of the Interior, or his or her duly au7 thorized representative.

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

9 means the reservoir or reservoirs referred to as

10 ‘‘Stoneman Reservoir’’ in the Compact.

11 (12) TRIBAL COMPACT ADMINISTRATION.—The

12 term ‘‘Tribal Compact Administration’’ means the ac13 tivities assumed by the Tribe for implementation of

14 the Compact as set forth in Article IV of the Compact.

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

16 water code’’ means a water code adopted by the Tribe,

17 as provided in the Compact.

18 (14) TRIBAL WATER RIGHT.—

19 (A) IN GENERAL.—The term ‘‘Tribal Water

20 Right’’ means the water right set forth in section

21 85–20–601 of the Montana Code Annotated

22 (1997) and includes the water allocation set forth

23 in title II of this Act.

24 (B) RULE OF CONSTRUCTION.—The defini25 tion of the term ‘‘Tribal Water Right’’ under this
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1 paragraph and the treatment of that right under

2 this Act shall not be construed or interpreted as

3 a precedent for the litigation of reserved water

4 rights or the interpretation or administration of

5 future compacts between the United States and

6 the State of Montana or any other State.

7 (15) TRIBE.—The term ‘‘Tribe’’ means the Chip8 pewa Cree Tribe of the Rocky Boy’s Reservation and

9 all officers, agents, and departments thereof.

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

11 development’’ includes all activities that involve the

12 use of water or modification of water courses or water

13 bodies in any way.

14 SEC. 5. MISCELLANEOUS PROVISIONS.

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

16 Tribal Resolution No. 40–98, and in exchange for benefits

17 under this Act, the Tribe shall not exercise the rights set

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

19 event that the approval, ratification, and confirmation of

20 the Compact by the United States becomes null and void

21 under section 101(b), the Tribe shall have the right to exer22 cise the rights set forth in Article VII.A.3 of the Compact.

23 (b) WAIVER OF SOVEREIGN IMMUNITY.—Except to the

24 extent provided in subsections (a), (b), and (c) of section

25 208 of the Department of Justice Appropriation Act, 1953
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1 (43 U.S.C. 666), nothing in this Act may be construed to

2 waive the sovereign immunity of the United States.

3 (c) TRIBAL RELEASE OF CLAIMS AGAINST THE

4 UNITED STATES.—

5 (1) IN GENERAL.—Pursuant to Tribal Resolution

6 No. 40–98, and in exchange for benefits under this

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

8 Act, execute a waiver and release of the claims de9 scribed in paragraph (2) against the United States,

10 the validity of which are not recognized by the United

11 States, except that—

12 (A) the waiver and release of claims shall

13 not become effective until the appropriation of

14 the funds authorized in section 105, the water al15 location in section 201, and the appropriation of

16 funds for the MR&I feasibility study authorized

17 in section 204 have been completed and the de18 cree has become final in accordance with the re19 quirements of section 101(b); and

20 (B) in the event that the approval, ratifica21 tion, and confirmation of the Compact by the

22 United States becomes null and void under sec23 tion 101(b), the waiver and release of claims

24 shall become null and void.
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1 (2) CLAIMS DESCRIBED.—The claims referred to

2 in paragraph (1) are as follows:

3 (A) Any and all claims to water rights (in4 cluding water rights in surface water, ground

5 water, and effluent), claims for injuries to water

6 rights, claims for loss or deprivation of use of

7 water rights, and claims for failure to acquire or

8 develop water rights for lands of the Tribe from

9 time immemorial to the date of ratification of

10 the Compact by Congress.

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

12 negotiation of the Compact and the settlement

13 authorized by this Act.

14 (3) SETOFFS.—In the event the waiver and re15 lease do not become effective as set forth in paragraph

16 (1)—

17 (A) the United States shall be entitled to

18 setoff against any claim for damages asserted by

19 the Tribe against the United States, any funds

20 transferred to the Tribe pursuant to section 104,

21 and any interest accrued thereon up to the date

22 of setoff; and

23 (B) the United States shall retain any other

24 claims or defenses not waived in this Act or in

25 the Compact as modified by this Act.
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1 (d) OTHER TRIBES NOT ADVERSELY AFFECTED.—

2 Nothing in this Act is intended to quantify or otherwise

3 adversely affect the land and water rights, or claims or enti4 tlements to land or water of an Indian tribe other than

5 the Chippewa Cree Tribe.

6 (e) ENVIRONMENTAL COMPLIANCE.—In implementing

7 the Compact, the Secretary shall comply with all aspects

8 of the National Environmental Policy Act of 1969 (42

9 U.S.C. 4321 et seq.), the Endangered Species Act of 1973

10 (16 U.S.C. 1531 et seq.), and all other applicable environ11 mental Acts and regulations.

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

13 Compact by the Secretary as provided for in this Act shall

14 not constitute a major Federal action under the National

15 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

16 The Secretary is directed to carry out all necessary environ17 mental compliance required by Federal law in imple18 menting the Compact.

19 (g) CONGRESSIONAL INTENT.—Nothing in this Act is

20 intended to prohibit the Tribe from seeking additional au21 thorization or appropriation of funds for tribal programs

22 or purposes.

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

24 shall be construed or interpreted as a precedent for the liti-
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1 gation of reserved water rights or the interpretation or ad2 ministration of future water settlement Acts.

3 TITLE I—CHIPPEWA CREE TRIBE

4 OF THE ROCKY BOY’S RES5 ERVATION INDIAN RESERVED

6 WATER RIGHTS SETTLEMENT

7 SEC. 101. RATIFICATION OF COMPACT AND ENTRY OF DE8 CREE.

9 (a) WATER RIGHTS COMPACT APPROVED.—Except as

10 modified by this Act, and to the extent the Compact does

11 not conflict with this Act—

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

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

14 State of Montana on April 14, 1997, is hereby ap15 proved, ratified, and confirmed; and

16 (2) the Secretary shall—

17 (A) execute and implement the Compact to18 gether with any amendments agreed to by the

19 parties or necessary to bring the Compact into

20 conformity with this Act; and

21 (B) take such other actions as are necessary

22 to implement the Compact.

23 (b) APPROVAL OF DECREE.—

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

25 the date of enactment of this Act, the United States,
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1 the Tribe, or the State of Montana shall petition the

2 Montana Water Court, individually or jointly, to

3 enter and approve the decree agreed to by the United

4 States, the Tribe, and the State of Montana attached

5 as Appendix 1 to the Compact, or any amended

6 version thereof agreed to by the United States, the

7 Tribe, and the State of Montana.

8 (2) RESORT TO THE FEDERAL DISTRICT

9 COURT.—Under the circumstances set forth in Article

10 VII.B.4 of the Compact, 1 or more parties may file

11 an appropriate motion (as provided in that article)

12 in the United States district court of appropriate ju13 risdiction.

14 (3) EFFECT OF FAILURE OF APPROVAL TO BE15 COME FINAL.—In the event the approval by the ap16 propriate court, including any direct appeal, does not

17 become final within 3 years after the filing of the de18 cree, or the decree is approved but is subsequently set

19 aside by the appropriate court—

20 (A) the approval, ratification, and con21 firmation of the Compact by the United States

22 shall be null and void; and

23 (B) except as provided in sections 105(e)(1),

24 5(a), and 5(c)(3), this Act shall be of no further

25 force and effect.
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1 SEC. 102. USE AND TRANSFER OF THE TRIBAL WATER

2 RIGHT.

3 (a) ADMINISTRATION AND ENFORCEMENT.—As pro4 vided in the Compact, until the adoption and approval of

5 a tribal water code by the Tribe, the Secretary shall admin6 ister and enforce the Tribal Water Right.

7 (b) TRIBAL MEMBER ENTITLEMENT.—

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

9 Indian reserved water of any tribal member shall be

10 satisfied solely from the water secured to the Tribe by

11 the Compact and shall be governed by the terms and

12 conditions of the Compact.

13 (2) ADMINISTRATION.—An entitlement described

14 in paragraph (1) shall be administered by the Tribe

15 pursuant to a tribal water code developed and adopt16 ed pursuant to Article IV.A.2 of the Compact, or by

17 the Secretary pending the adoption and approval of

18 the tribal water code.

19 (c) TEMPORARY TRANSFER OF TRIBAL WATER

20 RIGHT.—Notwithstanding any other provision of statutory

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

22 Secretary and subject to the limitations and conditions set

23 forth in the Compact, including limitation on transfer of

24 any portion of the Tribal Water Right to within the Mis25 souri River Basin, enter into a service contract, lease, ex26 change, or other agreement providing for the temporary de-
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1 livery, use, or transfer of the water rights confirmed to the

2 Tribe in the Compact, except that no service contract, lease,

3 exchange, or other agreement entered into under this sub4 section may permanently alienate any portion of the Tribal

5 Water Right.

6 SEC. 103. ON-RESERVATION WATER RESOURCES DEVELOP7 MENT.

8 (a) WATER DEVELOPMENT PROJECTS.—The Sec9 retary, through the Bureau of Reclamation, is authorized

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

11 pursuant to subsection (b), for the planning, design, and

12 construction of the following water development projects on

13 the Rocky Boy’s Reservation:

14 (1) Bonneau Dam and Reservoir Enlargement.

15 (2) East Fork of Beaver Creek Dam Repair and

16 Enlargement.

17 (3) Brown’s Dam Enlargement.

18 (4) Towe Ponds’ Enlargement.

19 (5) Such other water development projects as the

20 Tribe shall from time to time consider appropriate.

21 (b) IMPLEMENTATION AGREEMENT.—The Secretary, at

22 the request of the Tribe, shall enter into an agreement, or,

23 if appropriate, renegotiate an existing agreement, with the

24 Tribe to implement the provisions of this Act through the

25 Tribe’s annual funding agreement entered into under the
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1 self-governance program under title IV of the Indian Self2 Determination and Education Assistance Act (25 U.S.C.

3 458aa et seq.) by which the Tribe shall plan, design, and

4 construct any or all of the projects authorized by this sec5 tion.

6 (c) BUREAU OF RECLAMATION PROJECT ADMINISTRA7 TION.—

8 (1) IN GENERAL.—Congress finds that the Sec9 retary, through the Bureau of Reclamation, has en10 tered into an agreement with the Tribe, pursuant to

11 title IV of the Indian Self-Determination and Edu12 cation Assistance Act (25 U.S.C. 458aa et seq.)—

13 (A) defining and limiting the role of the

14 Bureau of Reclamation in its administration of

15 the projects authorized in subsection (a);

16 (B) establishing the standards upon which

17 the projects will be constructed; and

18 (C) for other purposes necessary to imple19 ment this section.

20 (2) AGREEMENT.—The agreement referred to in

21 paragraph (1) shall become effective when the Tribe

22 exercises its right under subsection (b).

23 SEC. 104. CHIPPEWA CREE INDIAN RESERVED WATER

24 RIGHTS SETTLEMENT TRUST FUND.

25 (a) ESTABLISHMENT OF TRUST FUND.—
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1 (1) IN GENERAL.—

2 (A) ESTABLISHMENT.—There is hereby es3 tablished in the Treasury of the United States a

4 trust fund for the Chippewa Cree Tribe of the

5 Rocky Boy’s Reservation to be known as the

6 ‘‘Chippewa Cree Indian Reserved Water Rights

7 Settlement Trust Fund’’.

8 (B) AVAILABILITY OF AMOUNTS IN FUND.—

9 (i) IN GENERAL.—Amounts in the

10 Fund shall be available to the Secretary for

11 management and investment on behalf of

12 the Tribe and distribution to the Tribe in

13 accordance with this Act.

14 (ii) AVAILABILITY.—Funds made

15 available from the Fund under this section

16 shall be available without fiscal year limita17 tion.

18 (2) MANAGEMENT OF FUND.—The Secretary

19 shall deposit and manage the principal and interest

20 in the Fund in a manner consistent with subsection

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

22 (3) CONTENTS OF FUND.—The Fund shall con23 sist of the amounts authorized to be appropriated to

24 the Fund under section 105(a) and such other
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1 amounts as may be transferred or credited to the

2 Fund.

3 (4) WITHDRAWAL.—The Tribe, with the ap4 proval of the Secretary, may withdraw the Fund and

5 deposit it in a mutually agreed upon private finan6 cial institution. That withdrawal shall be made pur7 suant to the American Indian Trust Fund Manage8 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.).

9 (5) ACCOUNTS.—The Secretary of the Interior

10 shall establish the following accounts in the Fund and

11 shall allocate appropriations to the various accounts

12 as required in this Act:

13 (A) The Tribal Compact Administration

14 Account.

15 (B) The Economic Development Account.

16 (C) The Future Water Supply Facilities Ac17 count.

18 (b) FUND MANAGEMENT.—

19 (1) IN GENERAL.—

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

21 consist of such amounts as are appropriated to

22 the Fund and allocated to the accounts of the

23 Fund by the Secretary as provided in this Act

24 and in accordance with the authorizations for

25 appropriations in paragraphs (1), (2), and (3)
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1 of section 105(a), together with all interest that

2 accrues in the Fund.

3 (B) MANAGEMENT BY SECRETARY.—The

4 Secretary shall manage the Fund, make invest5 ments from the Fund, and make available funds

6 from the Fund for distribution to the Tribe in a

7 manner consistent with the American Indian

8 Trust Fund Management Reform Act of 1994 (25

9 U.S.C. 4001 et seq.).

10 (2) TRIBAL MANAGEMENT.—

11 (A) IN GENERAL.—If the Tribe exercises its

12 right pursuant to subsection (a)(4) to withdraw

13 the Fund and deposit it in a private financial

14 institution, except as provided in the withdrawal

15 plan, neither the Secretary nor the Secretary of

16 the Treasury shall retain any oversight over or

17 liability for the accounting, disbursement, or in18 vestment of the funds.

19 (B) WITHDRAWAL PLAN.—The withdrawal

20 plan shall provide for—

21 (i) the creation of accounts and alloca22 tion to accounts in a fund established under

23 the plan in a manner consistent with sub24 section (a); and
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1 (ii) the appropriate terms and condi2 tions, if any, on expenditures from the

3 Fund (in addition to the requirements of

4 the plans set forth in paragraphs (2) and

5 (3) of subsection (c)).

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

7 fulfill the purposes of this Act, subject to the following re8 strictions on expenditures:

9 (1) Except for $400,000 necessary for capital ex10 penditures in connection with Tribal Compact Ad11 ministration, only interest accrued on the Tribal

12 Compact Administration Account referred to in sub13 section (a)(5)(A) shall be available to satisfy the

14 Tribe’s obligations for Tribal Compact Administra15 tion under the provisions of the Compact.

16 (2) Both principal and accrued interest on the

17 Economic Development Account referred to in sub18 section (a)(5)(B) shall be available to the Tribe for ex19 penditure pursuant to an economic development plan

20 approved by the Secretary.

21 (3) Both principal and accrued interest on the

22 Future Water Supply Facilities Account referred to

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

24 for expenditure pursuant to a water supply plan ap25 proved by the Secretary.
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1 (d) INVESTMENT OF FUND.—

2 (1) IN GENERAL.—

3 (A) APPLICABLE LAWS.—The Secretary

4 shall invest amounts in the Fund in accordance

5 with—

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

7 70, chapter 41; 25 U.S.C. 161);

8 (ii) the first section of the Act entitled

9 ‘‘An Act to authorize the payment of inter10 est of certain funds held in trust by the

11 United States for Indian tribes’’, approved

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

13 (iii) the first section of the Act entitled

14 ‘‘An Act to authorize the deposit and invest15 ment of Indian funds’’, approved June 24,

16 1938 (25 U.S.C. 162a).

17 (B) CREDITING OF AMOUNTS TO THE

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

19 the sale or redemption of, any obligations of the

20 United States held in the Fund shall be credited

21 to and form part of the Fund. The Secretary of

22 the Treasury shall credit to each of the accounts

23 contained in the Fund a proportionate amount

24 of that interest and proceeds.

25 (2) CERTAIN WITHDRAWN FUNDS.—
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1 (A) IN GENERAL.—Amounts withdrawn

2 from the Fund and deposited in a private finan3 cial institution pursuant to a withdrawal plan

4 approved by the Secretary under the American

5 Indian Trust Fund Management Reform Act of

6 1994 (25 U.S.C. 4001 et seq.) shall be invested

7 by an appropriate official under that plan.

8 (B) DEPOSIT OF INTEREST AND PRO9 CEEDS.—The interest on, and the proceeds from

10 the sale or redemption of, any obligations held

11 under this paragraph shall be deposited in the

12 private financial institution referred to in sub13 paragraph (A) in the fund established pursuant

14 to the withdrawal plan referred to in that sub15 paragraph. The appropriate official shall credit

16 to each of the accounts contained in that fund a

17 proportionate amount of that interest and pro18 ceeds.

19 (e) AGREEMENT REGARDING FUND EXPENDITURES.—

20 If the Tribe does not exercise its right under subsection

21 (a)(4) to withdraw the funds in the Fund and transfer those

22 funds to a private financial institution, the Secretary shall

23 enter into an agreement with the Tribe providing for appro24 priate terms and conditions, if any, on expenditures from
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1 the Fund in addition to the plans set forth in paragraphs

2 (2) and (3) of subsection (c).

3 (f) PER CAPITA DISTRIBUTIONS PROHIBITED.—No

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

5 to members of the Tribe.

6 SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

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

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

9 by the Secretary as follows:

10 (1) TRIBAL COMPACT ADMINISTRATION AC11 COUNT.—For Tribal Compact Administration as12 sumed by the Tribe under the Compact and this Act,

13 $3,000,000 is authorized to be appropriated for fiscal

14 year 2000.

15 (2) ECONOMIC DEVELOPMENT ACCOUNT.—For

16 tribal economic development, $3,000,000 is authorized

17 to be appropriated for fiscal year 2000.

18 (3) FUTURE WATER SUPPLY FACILITIES AC19 COUNT.—For the total Federal contribution to the

20 planning, design, construction, operation, mainte21 nance, and rehabilitation of a future water supply

22 system for the Reservation, there are authorized to be

23 appropriated—

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

25 (B) $8,000,000 for fiscal year 2001; and
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1 (C) $5,000,000 for fiscal year 2002.

2 (b) ON-RESERVATION WATER DEVELOPMENT.—

3 (1) IN GENERAL.—There are authorized to be ap4 propriated to the Department of the Interior, for the

5 Bureau of Reclamation, for the construction of the on6 Reservation water development projects authorized by

7 section 103—

8 (A) $13,000,000 for fiscal year 2000, for the

9 planning, design, and construction of the

10 Bonneau Dam Enlargement, for the development

11 of additional capacity in Bonneau Reservoir for

12 storage of water secured to the Tribe under the

13 Compact;

14 (B) $8,000,000 for fiscal year 2001, for the

15 planning, design, and construction of the East

16 Fork Dam and Reservoir enlargement, of the

17 Brown’s Dam and Reservoir enlargement, and of

18 the Towe Ponds enlargement of which—

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

20 East Fork Dam and Reservoir enlargement;

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

22 Brown’s Dam and Reservoir enlargement;

23 and

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

25 Towe Ponds enlargement; and
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1 (C) $3,000,000 for fiscal year 2002, for the

2 planning, design, and construction of such other

3 water resource developments as the Tribe, with

4 the approval of the Secretary, from time to time

5 may consider appropriate or for the completion

6 of the 4 projects enumerated in subparagraphs

7 (A) and (B) of paragraph (1).

8 (2) UNEXPENDED BALANCES.—Any unexpended

9 balance in the funds authorized to be appropriated

10 under subparagraph (A) or (B) of paragraph (1),

11 after substantial completion of all of the projects enu12 merated in paragraphs (1) through (4) of section

13 103(a)—

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

15 completion of the enumerated projects; and

16 (B) then for other water resource develop17 ment projects on the Reservation.

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

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

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

21 the costs of administration of the Bureau of Reclamation

22 under this Act, except that—

23 (1) if those costs exceed $1,000,000, the Bureau

24 of Reclamation may use funds authorized for appro25 priation under subsection (b) for costs; and
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1 (2) the Bureau of Reclamation shall exercise its

2 best efforts to minimize those costs to avoid expendi3 tures for the costs of administration under this Act

4 that exceed a total of $1,000,000.

5 (d) AVAILABILITY OF FUNDS.—

6 (1) IN GENERAL.—The amounts authorized to be

7 appropriated to the Fund and allocated to its ac8 counts pursuant to subsection (a) shall be deposited

9 into the Fund and allocated immediately on appro10 priation.

11 (2) INVESTMENTS.—Investments may be made

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

13 (3) AVAILABILITY OF CERTAIN MONEYS.—The

14 amounts authorized to be appropriated in subsection

15 (a)(1) shall be available for use immediately upon ap16 propriation in accordance with subsection 104(c)(1).

17 (4) LIMITATION.—Those moneys allocated by the

18 Secretary to accounts in the Fund or in a fund estab19 lished under section 104(a)(4) shall draw interest con20 sistent with section 104(d), but the moneys authorized

21 to be appropriated under subsection (b) and para22 graphs (2) and (3) of subsection (a) shall not be

23 available for expenditure until the requirements of

24 section 101(b) have been met so that the decree has be-
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1 come final and the Tribe has executed the waiver and

2 release required under section 5(c).

3 (e) RETURN OF FUNDS TO THE TREASURY—

4 (1) IN GENERAL.—In the event that the ap5 proval, ratification, and confirmation of the Compact

6 by the United States becomes null and void under sec7 tion 101(b), all unexpended funds appropriated under

8 the authority of this Act together with all interest

9 earned on such funds, notwithstanding whether the

10 funds are held by the Tribe, a private institution, or

11 the Secretary, shall revert to the general fund of the

12 Treasury 12 months after the expiration of the dead13 line established in section 101(b).

14 (2) INCLUSION IN AGREEMENTS AND PLAN.—The

15 requirements in paragraph (1) shall be included in

16 all annual funding agreements entered into under the

17 self-governance program under title IV of the Indian

18 Self-Determination and Education Assistance Act (25

19 U.S.C. 458aa et seq.), withdrawal plans, withdrawal

20 agreements, or any other agreements for withdrawal

21 or transfer of the funds to the Tribe or a private fi22 nancial institution under this Act.

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

24 appropriated pursuant to authorizations under this title

25 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 follows:

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

5 by Montana House Bill 6 of the 55th Legislative Ses6 sion (1997) shall be used for the following purposes:

7 (A) Water quality discharge monitoring

8 wells and monitoring program.

9 (B) A diversion structure on Big Sandy

10 Creek.

11 (C) A conveyance structure on Box Elder

12 Creek.

13 (D) The purchase of contract water from

14 Lower Beaver Creek Reservoir.

15 (2) Subject to the availability of funds, the State

16 shall provide services valued at $400,000 for adminis17 tration required by the Compact and for water qual18 ity sampling required by the Compact.

19 TITLE II—TIBER RESERVOIR AL20 LOCATION AND FEASIBILITY

21 STUDIES AUTHORIZATION

22 SEC. 201. TIBER RESERVOIR.

23 (a) ALLOCATION OF WATER TO THE TRIBE.—

24 (1) IN GENERAL.—The Secretary shall perma25 nently allocate to the Tribe, without cost to the Tribe,

26 10,000 acre-feet per year of stored water from the
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1 water right of the Bureau of Reclamation in Lake

2 Elwell, Lower Marias Unit, Upper Missouri Division,

3 Pick-Sloan Missouri Basin Program, Montana, meas4 ured at the outlet works of the dam or at the diversion

5 point from the reservoir. The allocation shall become

6 effective when the decree referred to in section 101(b)

7 has become final in accordance with that section. The

8 allocation shall be part of the Tribal Water Right and

9 subject to the terms of this Act.

10 (2) AGREEMENT.—The Secretary shall enter into

11 an agreement with the Tribe setting forth the terms

12 of the allocation and providing for the Tribe’s use or

13 temporary transfer of water stored in Lake Elwell,

14 subject to the terms and conditions of the Compact

15 and this Act.

16 (3) PRIOR RESERVED WATER RIGHTS.—The allo17 cation provided in this section shall be subject to the

18 prior reserved water rights, if any, of any Indian

19 tribe, or person claiming water through any Indian

20 tribe.

21 (b) USE AND TEMPORARY TRANSFER OF ALLOCA22 TION.—

23 (1) IN GENERAL.—Subject to the limitations and

24 conditions set forth in the Compact and this Act, the

25 Tribe shall have the right to devote the water allocated
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1 by this section to any use, including agricultural,

2 municipal, commercial, industrial, mining, or rec3 reational uses, within or outside the Rocky Boy’s Res4 ervation.

5 (2) CONTRACTS AND AGREEMENTS.—Notwith6 standing any other provision of statutory or common

7 law, the Tribe may, with the approval of the Sec8 retary and subject to the limitations and conditions

9 set forth in the Compact, enter into a service contract,

10 lease, exchange, or other agreement providing for the

11 temporary delivery, use, or transfer of the water allo12 cated by this section, except that no such service con13 tract, lease, exchange, or other agreement may perma14 nently alienate any portion of the tribal allocation.

15 (c) REMAINING STORAGE.—The United States shall re16 tain the right to use for any authorized purpose, any and

17 all storage remaining in Lake Elwell after the allocation

18 made to the Tribe in subsection 201(a).

19 (d) WATER TRANSPORT OBLIGATION; DEVELOPMENT

20 AND DELIVERY COSTS.—The United States shall have no

21 responsibility or obligation to provide any facility for the

22 transport of the water allocated by this section to the Rocky

23 Boy’s Reservation or to any other location. Except for the

24 contribution set forth in subsection 105(a)(3), the cost of

25 developing and delivering the water allocated by this title
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1 or any other supplemental water to the Rocky Boy’s Res2 ervation shall not be borne by the United States.

3 (e) SECTION NOT PRECEDENTIAL.—The provisions of

4 this section regarding the allocation of water resources from

5 the Tiber Reservoir to the Tribe shall not be construed as

6 precedent in the litigation or settlement of any other Indian

7 water right claims.

8 SEC. 202. MUNICIPAL, RURAL, AND INDUSTRIAL FEASI9 BILITY STUDY.

10 (a) AUTHORIZATION.—

11 (1) IN GENERAL.—

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

13 Bureau of Reclamation, shall perform an MR&I

14 feasibility study of water and related resources

15 in north central Montana to evaluate alter16 natives for a municipal, rural, and industrial

17 supply for the Rocky Boy’s Reservation.

18 (B) USE OF FUNDS MADE AVAILABLE FOR

19 FISCAL YEAR 1999.—The authority under sub20 paragraph (A) shall be deemed to apply to

21 MR&I feasibility study activities for which funds

22 were made available by appropriations for fiscal

23 year 1999.

24 (2) CONTENTS OF STUDY.—The MR&I feasibility

25 study shall include the feasibility of releasing the
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1 Tribe’s Tiber allocation as provided in section 201

2 into the Missouri River System for later diversion to

3 a treatment and delivery system for the Rocky Boy’s

4 Reservation.

5 (3) UTILIZATION OF EXISTING STUDIES.—The

6 MR&I feasibility study shall include utilization of ex7 isting Federal and non-Federal studies and shall be

8 planned and conducted in consultation with other

9 Federal agencies, the State of Montana, and the Chip10 pewa Cree Tribe.

11 (b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED

12 OFF-RESERVATION SYSTEM.—The United States, the Chip13 pewa Cree Tribe of the Rocky Boy’s Reservation, and the

14 State of Montana shall not be obligated to accept or partici15 pate in any potential off-Reservation water supply system

16 identified in the MR&I feasibility study authorized in sub17 section (a).

18 SEC. 203. REGIONAL FEASIBILITY STUDY.

19 (a) IN GENERAL.—

20 (1) STUDY.—The Secretary, through the Bureau

21 of Reclamation, shall conduct, pursuant to Reclama22 tion Law, a regional feasibility study (referred to in

23 this subsection as the ‘‘regional feasibility study’’) to

24 evaluate water and related resources in north central

25 Montana in order to determine the limitations of
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1 those resources and how those resources can best be

2 managed and developed to serve the needs of the citi3 zens of Montana.

4 (2) USE OF FUNDS MADE AVAILABLE FOR FISCAL

5 YEAR 1999.—The authority under paragraph (1) shall

6 be deemed to apply to regional feasibility study ac7 tivities for which funds were made available by ap8 propriations for fiscal year 1999.

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

10 study shall—

11 (1) evaluate existing and potential water sup12 plies, uses, and management;

13 (2) identify major water-related issues, including

14 environmental, water supply, and economic issues;

15 (3) evaluate opportunities to resolve the issues

16 referred to in paragraph (2); and

17 (4) evaluate options for implementation of reso18 lutions to the issues.

19 (c) REQUIREMENTS.—Because of the regional and

20 international impact of the regional feasibility study, the

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

22 (1) utilize, to the maximum extent possible, ex23 isting information; and
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1 (2) be planned and conducted in consultation

2 with all affected interests, including interests in Can3 ada.

4 SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR FEA5 SIBILITY STUDIES.

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

7 amounts made available by appropriations for fiscal year

8 1999 for the Bureau of Reclamation, $1,000,000 shall be

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

10 study under section 202 and the regional study under sec11 tion 203, of which—

12 (1) $500,000 shall be used for the MR&I study

13 under section 202; and

14 (2) $500,000 shall be used for the regional study

15 under section 203.

16 (b) FEASIBILITY STUDIES.—There is authorized to be

17 appropriated to the Department of the Interior, for the Bu18 reau of Reclamation, for the purpose of conducting the

19 MR&I feasibility study under section 202 and the regional

20 study under section 203, $3,000,000 for fiscal year 2000,

21 of which—

22 (1) $500,000 shall be used for the MR&I feasi23 bility study under section 202; and

24 (2) $2,500,000 shall be used for the regional

25 study under section 203.
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1 (c) WITHOUT FISCAL YEAR LIMITATION.—All money

2 appropriated pursuant to authorizations under this title

3 shall be available without fiscal year limitation.

4 (d) AVAILABILITY OF CERTAIN MONEYS.—The

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

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

7 which those funds were appropriated. The amounts author8 ized to be appropriated in subsection (b) shall be available

9 for use immediately upon appropriation.