```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5098 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5098

To ratify a compact between the Assiniboine and Sioux Indian Tribes of 
          the Fort Peck Reservation and the State of Montana.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 1994

 Mr. Williams introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
To ratify a compact between the Assiniboine and Sioux Indian Tribes of 
          the Fort Peck Reservation and the State of Montana.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fort Peck Tribes- Montana Compact 
Act of 1994''.

SEC. 2. RATIFICATION OF COMPACT.

    The Fort Peck Indian Tribes-Montana Compact is approved, ratified 
and confirmed.

SEC. 3. AGREEMENTS RELATED TO USE OF WATER RIGHTS.

    (a) Tribal Authority To Enter Into Agreements.--Subject to the 
approval of the Secretary and to all terms of the Fort Peck Indian 
Tribes-Montana Compact, the Tribes may enter into a joint venture, 
service contract, lease, exchange or other agreement (hereafter 
referred to in this Act as a ``Water Agreement''), or a modification of 
such agreement, that authorizes--
            (1) the delivery, use or transfer of any part of the water 
        rights confirmed in the Tribes by the Fort Peck Indian Tribes-
        Montana Compact, for a specified term, not to exceed 50 years, 
        inclusive of all renewal periods; or
            (2) the diversion or use of any portion of a tribal water 
        right within or outside the Reservation.
    (b) Approval by Secretary.--The Secretary shall approve or 
disapprove a Water Agreement, or a modification of such agreement, 
within--
            (1) 180 days after submission of the agreement or 
        modification to the Secretary; or
            (2) 60 days after compliance, if required, with section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) and with any other applicable provision of 
        Federal law;
whichever is later.
    (c) Enforcement.--A party to a Water Agreement or modification may 
enforce the provisions of subsection (b) in accordance with the 
provisions of section 1361 of title 28, United States Code.
    (d) Confidentiality.--Notwithstanding any other provision of law, 
the Department of the Interior shall treat--
            (1) any projection, study, data or other information under 
        the control of the Department of the Interior relating to the 
        terms and conditions of a Water Agreement or modification of 
        such an agreement; or
            (2) any information relating to a financial benefit 
        accruing to the Tribes as a result of a Water Agreement or 
        modification of such an agreement;
as the privileged, proprietary information of the Tribes.
    (e) Limitation.--Notwithstanding any other provision of this Act or 
the Fort Peck Indian Tribes-Montana Compact, the Tribes may not enter 
into any Water Agreement which authorizes the use of the tribal water 
right outside the Basin.
    (f) Economic Development.--(1) There is established in the Treasury 
of the United States the ``Assiniboine and Sioux Tribes Economic 
Recovery Fund''.
    (2) Commencing with fiscal year 1996, and for each fiscal year 
thereafter, the Secretary of the Treasury shall deposit in the fund an 
amount equal to 10 percent of the receipts from deposits to the United 
States Treasury for the preceding fiscal year from the integrated 
programs of the Eastern Division of the Pick-Sloan Missouri River Basin 
Project administered by the Western Area Power Administration, but in 
no event shall the aggregate of the amounts deposited to the fund 
established by this subsection exceed $50,000,000.
    (3) The Secretary of the Treasury shall deposit the interest which 
accrues on deposits to the fund in a separate account in the Treasury 
of the United States. Such interest shall be available, without fiscal 
year limitation, for use by the Secretary of the Interior, commencing 
with fiscal year 1999, and each fiscal year thereafter, in making 
payments to the Tribes for use for (A) tribal economic development, 
including development of long-term profitmaking opportunities for the 
Tribes and employment opportunities for tribal members, and (B) for 
acquisition of lands including trust lands within the Reservation from 
willing sellers and the improvement of such acquired lands, subject to 
the approval of the Secretary. No part of the principal of the fund 
shall be available for making such payments.
    (4) Amounts deposited in the fund shall be nonreimbursable and 
nonreturnable.
    (5) No payments pursuant to this Act shall result in the reduction, 
or the denial, of any Federal services or programs that the Tribes or 
any of their members, are otherwise entitled to, or eligible for, 
because of their status as a federally recognized Indian tribe or 
member pursuant to Federal law. No payments pursuant to this Act shall 
be subject to Federal or State income tax, or affect Pick-Sloan 
Missouri River Basin power rates in any way.
    (6) No part of any moneys in any fund under this Act shall be 
distributed to any member of the Tribes on a per capita basis.
    (g) Waiver of Claims Against the United States.--In consideration 
of performance by the United States of all actions required by this 
Act, including the congressional authorization, appropriation, and 
payment of all funds for the Fund, the Tribes shall be deemed to have 
executed in return a waiver and release of any and all existing claims 
against the United States arising in whole or in part from or 
concerning water rights finally settled by the Fort Peck Indian Tribes-
Montana Compact.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) The term ``Fort Peck Indian Tribes-Montana Compact'' 
        means the compact relating to the reserved water rights of the 
        Assiniboine and Sioux Tribes of the Fort Peck Reservation that 
        was ratified by the Tribes on April 29, 1985, and by the 
        legislature of the State of Montana on May 15, 1985.
            (2) The term ``Reservation'' means the Fort Peck Indian 
        Reservation, as defined in the agreement of December 28, 1886, 
        and December 31, 1886, and as confirmed by the Act approved May 
        1, 1888 (25 Stat. 113).
            (3) The term ``Secretary'' means the Secretary of the 
        Interior.
            (4) The term ``Tribes'' means the Assiniboine and Sioux 
        Tribes of the Fort Peck Indian Reservation.
            (5) The term ``tribal water right'' means the tribal water 
        right defined in, and subject to, the Fort Peck-Montana 
        Compact.
            (6) The term ``Fund'' means the Assiniboine and Sioux 
        Tribes Economic Recovery Fund established by section 3(f)(1).
                                 <all>
```