I

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fort Peck Tribes5 Montana Compact Act of 1994’’.

6 SEC. 2. RATIFICATION OF COMPACT.

7 The Fort Peck Indian Tribes-Montana Compact is

8 approved, ratified and confirmed.
2

•HR 5098 IH

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

2 (a) TRIBAL AUTHORITY TO ENTER INTO AGREE3 MENTS.—Subject to the approval of the Secretary and to

4 all terms of the Fort Peck Indian Tribes-Montana Com5 pact, the Tribes may enter into a joint venture, service

6 contract, lease, exchange or other agreement (hereafter re7 ferred to in this Act as a ‘‘Water Agreement’’), or a modi8 fication of such agreement, that authorizes—

9 (1) the delivery, use or transfer of any part of

10 the water rights confirmed in the Tribes by the Fort

11 Peck Indian Tribes-Montana Compact, for a speci12 fied term, not to exceed 50 years, inclusive of all re13 newal periods; or

14 (2) the diversion or use of any portion of a

15 tribal water right within or outside the Reservation.

16 (b) APPROVAL BY SECRETARY.—The Secretary shall

17 approve or disapprove a Water Agreement, or a modifica18 tion of such agreement, within—

19 (1) 180 days after submission of the agreement

20 or modification to the Secretary; or

21 (2) 60 days after compliance, if required, with

22 section 102(2)(C) of the National Environmental

23 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) and with

24 any other applicable provision of Federal law;

25 whichever is later.
3

•HR 5098 IH

1 (c) ENFORCEMENT.—A party to a Water Agreement

2 or modification may enforce the provisions of subsection

3 (b) in accordance with the provisions of section 1361 of

4 title 28, United States Code.

5 (d) CONFIDENTIALITY.—Notwithstanding any other

6 provision of law, the Department of the Interior shall

7 treat—

8 (1) any projection, study, data or other infor9 mation under the control of the Department of the

10 Interior relating to the terms and conditions of a

11 Water Agreement or modification of such an agree12 ment; or

13 (2) any information relating to a financial bene14 fit accruing to the Tribes as a result of a Water

15 Agreement or modification of such an agreement;

16 as the privileged, proprietary information of the Tribes.

17 (e) LIMITATION.—Notwithstanding any other provi18 sion of this Act or the Fort Peck Indian Tribes-Montana

19 Compact, the Tribes may not enter into any Water Agree20 ment which authorizes the use of the tribal water right

21 outside the Basin.

22 (f) ECONOMIC DEVELOPMENT.—(1) There is estab23 lished in the Treasury of the United States the ‘‘Assini24 boine and Sioux Tribes Economic Recovery Fund’’.
4

•HR 5098 IH

1 (2) Commencing with fiscal year 1996, and for each

2 fiscal year thereafter, the Secretary of the Treasury shall

3 deposit in the fund an amount equal to 10 percent of the

4 receipts from deposits to the United States Treasury for

5 the preceding fiscal year from the integrated programs of

6 the Eastern Division of the Pick-Sloan Missouri River

7 Basin Project administered by the Western Area Power

8 Administration, but in no event shall the aggregate of the

9 amounts deposited to the fund established by this sub10 section exceed $50,000,000.

11 (3) The Secretary of the Treasury shall deposit the

12 interest which accrues on deposits to the fund in a sepa13 rate account in the Treasury of the United States. Such

14 interest shall be available, without fiscal year limitation,

15 for use by the Secretary of the Interior, commencing with

16 fiscal year 1999, and each fiscal year thereafter, in mak17 ing payments to the Tribes for use for (A) tribal economic

18 development, including development of long-term profit19 making opportunities for the Tribes and employment op20 portunities for tribal members, and (B) for acquisition of

21 lands including trust lands within the Reservation from

22 willing sellers and the improvement of such acquired

23 lands, subject to the approval of the Secretary. No part

24 of the principal of the fund shall be available for making

25 such payments.
5

•HR 5098 IH

1 (4) Amounts deposited in the fund shall be

2 nonreimbursable and nonreturnable.

3 (5) No payments pursuant to this Act shall result in

4 the reduction, or the denial, of any Federal services or

5 programs that the Tribes or any of their members, are

6 otherwise entitled to, or eligible for, because of their status

7 as a federally recognized Indian tribe or member pursuant

8 to Federal law. No payments pursuant to this Act shall

9 be subject to Federal or State income tax, or affect Pick10 Sloan Missouri River Basin power rates in any way.

11 (6) No part of any moneys in any fund under this

12 Act shall be distributed to any member of the Tribes on

13 a per capita basis.

14 (g) WAIVER OF CLAIMS AGAINST THE UNITED

15 STATES.—In consideration of performance by the United

16 States of all actions required by this Act, including the

17 congressional authorization, appropriation, and payment

18 of all funds for the Fund, the Tribes shall be deemed to

19 have executed in return a waiver and release of any and

20 all existing claims against the United States arising in

21 whole or in part from or concerning water rights finally

22 settled by the Fort Peck Indian Tribes-Montana Compact.

23 SEC. 4. DEFINITIONS.

24 For purposes of this Act—
6

•HR 5098 IH

1 (1) The term ‘‘Fort Peck Indian Tribes-Mon2 tana Compact’’ means the compact relating to the

3 reserved water rights of the Assiniboine and Sioux

4 Tribes of the Fort Peck Reservation that was rati5 fied by the Tribes on April 29, 1985, and by the leg6 islature of the State of Montana on May 15, 1985.

7 (2) The term ‘‘Reservation’’ means the Fort

8 Peck Indian Reservation, as defined in the agree9 ment of December 28, 1886, and December 31,

10 1886, and as confirmed by the Act approved May 1,

11 1888 (25 Stat. 113).

12 (3) The term ‘‘Secretary’’ means the Secretary

13 of the Interior.

14 (4) The term ‘‘Tribes’’ means the Assiniboine

15 and Sioux Tribes of the Fort Peck Indian Reserva16 tion.

17 (5) The term ‘‘tribal water right’’ means the

18 tribal water right defined in, and subject to, the

19 Fort Peck-Montana Compact.

20 (6) The term ‘‘Fund’’ means the Assiniboine

21 and Sioux Tribes Economic Recovery Fund estab22 lished by section 3(f)(1).

Æ