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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 438 Enrolled Bill (ENR)]

        S.438

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine

                                 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.

    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 ``Chippewa Cree Tribe of The Rocky 
Boy's Reservation Indian Reserved Water Rights Settlement and Water 
Supply Enhancement Act of 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
        (1) in fulfillment of its trust responsibility to Indian tribes 
    and to promote tribal sovereignty and economic self-sufficiency, it 
    is the policy of the United States to settle the water rights 
    claims of the tribes without lengthy and costly litigation;
        (2) the Rocky Boy's Reservation was established as a homeland 
    for the Chippewa Cree Tribe;
        (3) adequate water for the Chippewa Cree Tribe of the Rocky 
    Boy's Reservation is important to a permanent, sustainable, and 
    sovereign homeland for the Tribe and its members;
        (4) the sovereignty of the Chippewa Cree Tribe and the economy 
    of the Reservation depend on the development of the water resources 
    of the Reservation;
        (5) the planning, design, and construction of the facilities 
    needed to utilize water supplies effectively are necessary to the 
    development of a viable Reservation economy and to implementation 
    of the Chippewa Cree-Montana Water Rights Compact;
        (6) the Rocky Boy's Reservation is located in a water-short 
    area of Montana and it is appropriate that the Act provide funding 
    for the development of additional water supplies, including 
    domestic water, to meet the needs of the Chippewa Cree Tribe;
        (7) proceedings to determine the full extent of the water 
    rights of the Chippewa Cree Tribe are currently pending before the 
    Montana Water Court as a part of In the Matter of the Adjudication 
    of All Rights to the Use of Water, Both Surface and Underground, 
    within the State of Montana;
        (8) recognizing that final resolution of the general stream 
    adjudication will take many years and entail great expense to all 
    parties, prolong uncertainty as to the availability of water 
    supplies, and seriously impair the long-term economic planning and 
    development of all parties, the Chippewa Cree Tribe and the State 
    of Montana entered into the Compact on April 14, 1997; and
        (9) the allocation of water resources from the Tiber Reservoir 
    to the Chippewa Cree Tribe under this Act is uniquely suited to the 
    geographic, social, and economic characteristics of the area and 
    situation involved.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
        (1) To achieve a fair, equitable, and final settlement of all 
    claims to water rights in the State of Montana for--
            (A) the Chippewa Cree Tribe; and
            (B) the United States for the benefit of the Chippewa Cree 
        Tribe.
        (2) To approve, ratify, and confirm, as modified in this Act, 
    the Chippewa Cree-Montana Water Rights Compact entered into by the 
    Chippewa Cree Tribe of the Rocky Boy's Reservation and the State of 
    Montana on April 14, 1997, and to provide funding and other 
    authorization necessary for the implementation of the Compact.
        (3) To authorize the Secretary of the Interior to execute and 
    implement the Compact referred to in paragraph (2) and to take such 
    other actions as are necessary to implement the Compact in a manner 
    consistent with this Act.
        (4) To authorize Federal feasibility studies designed to 
    identify and analyze potential mechanisms to enhance, through 
    conservation or otherwise, water supplies in North Central Montana, 
    including mechanisms to import domestic water supplies for the 
    future growth of the Rocky Boy's Indian Reservation.
        (5) To authorize certain projects on the Rocky Boy's Indian 
    Reservation, Montana, in order to implement the Compact.
        (6) To authorize certain modifications to the purposes and 
    operation of the Bureau of Reclamation's Tiber Dam and Lake Elwell 
    on the Marias River in Montana in order to provide the Tribe with 
    an allocation of water from Tiber Reservoir.
        (7) To authorize the appropriation of funds necessary for the 
    implementation of the Compact.

SEC. 4. DEFINITIONS.

    In this Act:
        (1) Act.--The term ``Act'' means the ``Chippewa Cree Tribe of 
    The Rocky Boy's Reservation Indian Reserved Water Rights Settlement 
    and Water Supply Enhancement Act of 1999''.
        (2) Compact.--The term ``Compact'' means the water rights 
    compact between the Chippewa Cree Tribe of the Rocky Boy's 
    Reservation and the State of Montana contained in section 85-20-601 
    of the Montana Code Annotated (1997).
        (3) Final.--The term ``final'' with reference to approval of 
    the decree in section 101(b) means completion of any direct appeal 
    to the Montana Supreme Court of a final decree by the Water Court 
    pursuant to section 85-2-235 of the Montana Code Annotated (1997), 
    or to the Federal Court of Appeals, including the expiration of the 
    time in which a petition for certiorari may be filed in the United 
    States Supreme Court, denial of such a petition, or the issuance of 
    the Supreme Court's mandate, whichever occurs last.
        (4) Fund.--The term ``Fund'' means the Chippewa Cree Indian 
    Reserved Water Rights Settlement Fund established under section 
    104.
        (5) Indian tribe.--The term ``Indian tribe'' has the meaning 
    given that term in section 101(2) of the Federally Recognized 
    Indian Tribe List Act of 1994 (25 U.S.C. 479a(2)).
        (6) MR&I feasibility study.--The term ``MR&I feasibility 
    study'' means a municipal, rural, and industrial, domestic, and 
    incidental drought relief feasibility study described in section 
    202.
        (7) Missouri river system.--The term ``Missouri River System'' 
    means the mainstem of the Missouri River and its tributaries, 
    including the Marias River.
        (8) Reclamation law.--The term ``Reclamation Law'' has the 
    meaning given the term ``reclamation law'' in section 4 of the Act 
    of December 5, 1924 (43 Stat. 701, chapter 4; 43 U.S.C. 371).
        (9) Rocky boy's reservation; reservation.--The term ``Rocky 
    Boy's Reservation'' or ``Reservation'' means the Rocky Boy's 
    Reservation of the Chippewa Cree Tribe in Montana.
        (10) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior, or his or her duly authorized representative.
        (11) Towe ponds.--The term ``Towe Ponds'' means the reservoir 
    or reservoirs referred to as ``Stoneman Reservoir'' in the Compact.
        (12) Tribal compact administration.--The term ``Tribal Compact 
    Administration'' means the activities assumed by the Tribe for 
    implementation of the Compact as set forth in Article IV of the 
    Compact.
        (13) Tribal water code.--The term ``tribal water code'' means a 
    water code adopted by the Tribe, as provided in the Compact.
        (14) Tribal water right.--
            (A) In general.--The term ``Tribal Water Right'' means the 
        water right set forth in section 85-20-601 of the Montana Code 
        Annotated (1997) and includes the water allocation set forth in 
        title II of this Act.
            (B) Rule of construction.--The definition of the term 
        ``Tribal Water Right'' under this paragraph and the treatment 
        of that right under this Act shall not be construed or 
        interpreted as a precedent for the litigation of reserved water 
        rights or the interpretation or administration of future 
        compacts between the United States and the State of Montana or 
        any other State.
        (15) Tribe.--The term ``Tribe'' means the Chippewa Cree Tribe 
    of the Rocky Boy's Reservation and all officers, agents, and 
    departments thereof.
        (16) Water development.--The term ``water development'' 
    includes all activities that involve the use of water or 
    modification of water courses or water bodies in any way.

SEC. 5. MISCELLANEOUS PROVISIONS.

    (a) Nonexercise of Tribe's Rights.--Pursuant to Tribal Resolution 
No. 40-98, and in exchange for benefits under this Act, the Tribe shall 
not exercise the rights set forth in Article VII.A.3 of the Compact, 
except that in the event that the approval, ratification, and 
confirmation of the Compact by the United States becomes null and void 
under section 101(b), the Tribe shall have the right to exercise the 
rights set forth in Article VII.A.3 of the Compact.
    (b) Waiver of Sovereign Immunity.--Except to the extent provided in 
subsections (a), (b), and (c) of section 208 of the Department of 
Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act 
may be construed to waive the sovereign immunity of the United States.
    (c) Tribal Release of Claims Against the United States.--
        (1) In General.--Pursuant to Tribal Resolution No. 40-98, and 
    in exchange for benefits under this Act, the Tribe shall, on the 
    date of enactment of this Act, execute a waiver and release of the 
    claims described in paragraph (2) against the United States, the 
    validity of which are not recognized by the United States, except 
    that--
            (A) the waiver and release of claims shall not become 
        effective until the appropriation of the funds authorized in 
        section 105, the water allocation in section 201, and the 
        appropriation of funds for the MR&I feasibility study 
        authorized in section 204 have been completed and the decree 
        has become final in accordance with the requirements of section 
        101(b); and
            (B) in the event that the approval, ratification, and 
        confirmation of the Compact by the United States becomes null 
        and void under section 101(b), the waiver and release of claims 
        shall become null and void.
        (2) Claims described.--The claims referred to in paragraph (1) 
    are as follows:
            (A) Any and all claims to water rights (including water 
        rights in surface water, ground water, and effluent), claims 
        for injuries to water rights, claims for loss or deprivation of 
        use of water rights, and claims for failure to acquire or 
        develop water rights for lands of the Tribe from time 
        immemorial to the date of ratification of the Compact by 
        Congress.
            (B) Any and all claims arising out of the negotiation of 
        the Compact and the settlement authorized by this Act.
        (3) Setoffs.--In the event the waiver and release do not become 
    effective as set forth in paragraph (1)--
            (A) the United States shall be entitled to setoff against 
        any claim for damages asserted by the Tribe against the United 
        States, any funds transferred to the Tribe pursuant to section 
        104, and any interest accrued thereon up to the date of setoff; 
        and
            (B) the United States shall retain any other claims or 
        defenses not waived in this Act or in the Compact as modified 
        by this Act.
    (d) Other Tribes Not Adversely Affected.--Nothing in this Act shall 
be construed to quantify or otherwise adversely affect the land and 
water rights, or claims or entitlements to land or water of an Indian 
tribe other than the Chippewa Cree Tribe.
    (e) Environmental Compliance.--In implementing the Compact, the 
Secretary shall comply with all aspects of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.), and all other applicable 
environmental Acts and regulations.
    (f) Execution of Compact.--The execution of the Compact by the 
Secretary as provided for in this Act shall not constitute a major 
Federal action under the National Environmental Policy Act (42 U.S.C. 
4321 et seq.). The Secretary is directed to carry out all necessary 
environmental compliance required by Federal law in implementing the 
Compact.
    (g) Congressional Intent.--Nothing in this Act shall be construed 
to prohibit the Tribe from seeking additional authorization or 
appropriation of funds for tribal programs or purposes.
    (h) Act not Precedential.--Nothing in this Act shall be construed 
or interpreted as a precedent for the litigation of reserved water 
rights or the interpretation or administration of future water 
settlement Acts.

  TITLE I--CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION INDIAN 
                    RESERVED WATER RIGHTS SETTLEMENT

SEC. 101. RATIFICATION OF COMPACT AND ENTRY OF DECREE.

    (a) Water Rights Compact Approved.--Except as modified by this Act, 
and to the extent the Compact does not conflict with this Act--
        (1) the Compact, entered into by the Chippewa Cree Tribe of the 
    Rocky Boy's Reservation and the State of Montana on April 14, 1997, 
    is hereby approved, ratified, and confirmed; and
        (2) the Secretary shall--
            (A) execute and implement the Compact together with any 
        amendments agreed to by the parties or necessary to bring the 
        Compact into conformity with this Act; and
            (B) take such other actions as are necessary to implement 
        the Compact.
    (b) Approval of Decree.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the United States, the Tribe, or the State 
    of Montana shall petition the Montana Water Court, individually or 
    jointly, to enter and approve the decree agreed to by the United 
    States, the Tribe, and the State of Montana attached as Appendix 1 
    to the Compact, or any amended version thereof agreed to by the 
    United States, the Tribe, and the State of Montana.
        (2) Resort to the federal district court.--Under the 
    circumstances set forth in Article VII.B.4 of the Compact, 1 or 
    more parties may file an appropriate motion (as provided in that 
    article) in the United States district court of appropriate 
    jurisdiction.
        (3) Effect of failure of approval to become final.--In the 
    event the approval by the appropriate court, including any direct 
    appeal, does not become final within 3 years after the filing of 
    the decree, or the decree is approved but is subsequently set aside 
    by the appropriate court--
            (A) the approval, ratification, and confirmation of the 
        Compact by the United States shall be null and void; and
            (B) except as provided in subsections (a) and (c)(3) of 
        section 5 and section 105(e)(1), this Act shall be of no 
        further force and effect.

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

    (a) Administration and Enforcement.--As provided in the Compact, 
until the adoption and approval of a tribal water code by the Tribe, 
the Secretary shall administer and enforce the Tribal Water Right.
    (b) Tribal Member Entitlement.--
        (1) In general.--Any entitlement to Federal Indian reserved 
    water of any tribal member shall be satisfied solely from the water 
    secured to the Tribe by the Compact and shall be governed by the 
    terms and conditions of the Compact.
        (2) Administration.--An entitlement described in paragraph (1) 
    shall be administered by the Tribe pursuant to a tribal water code 
    developed and adopted pursuant to Article IV.A.2 of the Compact, or 
    by the Secretary pending the adoption and approval of the tribal 
    water code.
    (c) Temporary Transfer of Tribal Water Right.--The Tribe may, with 
the approval of the Secretary and the approval of the State of Montana 
pursuant to Article IV.A.4 of the Compact, transfer any portion of the 
Tribal Water Right for use off the Reservation by service contract, 
lease, exchange, or other agreement. No service contract, lease, 
exchange, or other agreement entered into under this subsection may 
permanently alienate any portion of the Tribal Water Right. The 
enactment of this subsection shall constitute a plenary exercise of the 
powers set forth in Article I, section 8(3) of the United States 
Constitution and is statutory law of the United States within the 
meaning of Article IV.A.4.b.(3) of the Compact.

SEC. 103. ON-RESERVATION WATER RESOURCES DEVELOPMENT.

    (a) Water Development Projects.--The Secretary, acting through the 
Bureau of Reclamation, is authorized and directed to plan, design, and 
construct, or to provide, pursuant to subsection (b), for the planning, 
design, and construction of the following water development projects on 
the Rocky Boy's Reservation:
        (1) Bonneau Dam and Reservoir Enlargement.
        (2) East Fork of Beaver Creek Dam Repair and Enlargement.
        (3) Brown's Dam Enlargement.
        (4) Towe Ponds Enlargement.
        (5) Such other water development projects as the Tribe shall 
    from time to time consider appropriate.
    (b) Implementation Agreement.--The Secretary, at the request of the 
Tribe, shall enter into an agreement, or, if appropriate, renegotiate 
an existing agreement, with the Tribe to implement the provisions of 
this Act through the Tribe's annual funding agreement entered into 
under the self-governance program under title IV of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 458aa et seq.) by 
which the Tribe shall plan, design, and construct any or all of the 
projects authorized by this section.
    (c) Bureau of Reclamation Project Administration.--
        (1) In general.--Congress finds that the Secretary, through the 
    Bureau of Reclamation, has entered into an agreement with the 
    Tribe, pursuant to title IV of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 458aa et seq.)--
            (A) defining and limiting the role of the Bureau of 
        Reclamation in its administration of the projects authorized in 
        subsection (a);
            (B) establishing the standards upon which the projects will 
        be constructed; and
            (C) for other purposes necessary to implement this section.
        (2) Agreement.--The agreement referred to in paragraph (1) 
    shall become effective when the Tribe exercises its right under 
    subsection (b).
    SEC. 104. CHIPPEWA CREE INDIAN RESERVED WATER RIGHTS SETTLEMENT 
      TRUST FUND.
    (a) Establishment of Trust Fund.--
        (1) In general.--
            (A) Establishment.--There is hereby established in the 
        Treasury of the United States a trust fund for the Chippewa 
        Cree Tribe of the Rocky Boy's Reservation to be known as the 
        ``Chippewa Cree Indian Reserved Water Rights Settlement Trust 
        Fund''.
            (B) Availability of amounts in fund.--
                (i) In general.--Amounts in the Fund shall be available 
            to the Secretary for management and investment on behalf of 
            the Tribe and distribution to the Tribe in accordance with 
            this Act.
                (ii) Availability.--Funds made available from the Fund 
            under this section shall be available without fiscal year 
            limitation.
        (2) Management of fund.--The Secretary shall deposit and manage 
    the principal and interest in the Fund in a manner consistent with 
    subsection (b) and other applicable provisions of this Act.
        (3) Contents of fund.--The Fund shall consist of the amounts 
    authorized to be appropriated to the Fund under section 105(a) and 
    such other amounts as may be transferred or credited to the Fund.
        (4) Withdrawal.--The Tribe, with the approval of the Secretary, 
    may withdraw the Fund and deposit it in a mutually agreed upon 
    private financial institution. That withdrawal shall be made 
    pursuant to the American Indian Trust Fund Management Reform Act of 
    1994 (25 U.S.C. 4001 et seq.).
        (5) Accounts.--The Secretary of the Interior shall establish 
    the following accounts in the Fund and shall allocate 
    appropriations to the various accounts as required in this Act:
            (A) The Tribal Compact Administration Account.
            (B) The Economic Development Account.
            (C) The Future Water Supply Facilities Account.
    (b) Fund Management.--
        (1) In general.--
            (A) Amounts in fund.--The Fund shall consist of such 
        amounts as are appropriated to the Fund and allocated to the 
        accounts of the Fund by the Secretary as provided for in this 
        Act and in accordance with the authorizations for 
        appropriations in paragraphs (1), (2), and (3) of section 
        105(a), together with all interest that accrues in the Fund.
            (B) Management by secretary.--The Secretary shall manage 
        the Fund, make investments from the Fund, and make available 
        funds from the Fund for distribution to the Tribe in a manner 
        consistent with the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4001 et seq.).
        (2) Tribal management.--
            (A) In general.--If the Tribe exercises its right pursuant 
        to subsection (a)(4) to withdraw the Fund and deposit it in a 
        private financial institution, except as provided in the 
        withdrawal plan, neither the Secretary nor the Secretary of the 
        Treasury shall retain any oversight over or liability for the 
        accounting, disbursement, or investment of the funds.
            (B) Withdrawal plan.--The withdrawal plan referred to in 
        subparagraph (A) shall provide for--
                (i) the creation of accounts and allocation to accounts 
            in a fund established under the plan in a manner consistent 
            with subsection (a); and
                (ii) the appropriate terms and conditions, if any, on 
            expenditures from the fund (in addition to the requirements 
            of the plans set forth in paragraphs (2) and (3) of 
            subsection (c)).
    (c) Use of Fund.--The Tribe shall use the Fund to fulfill the 
purposes of this Act, subject to the following restrictions on 
expenditures:
        (1) Except for $400,000 necessary for capital expenditures in 
    connection with Tribal Compact Administration, only interest 
    accrued on the Tribal Compact Administration Account referred to in 
    subsection (a)(5)(A) shall be available to satisfy the Tribe's 
    obligations for Tribal Compact Administration under the provisions 
    of the Compact.
        (2) Both principal and accrued interest on the Economic 
    Development Account referred to in subsection (a)(5)(B) shall be 
    available to the Tribe for expenditure pursuant to an economic 
    development plan approved by the Secretary.
        (3) Both principal and accrued interest on the Future Water 
    Supply Facilities Account referred to in subsection (a)(5)(C) shall 
    be available to the Tribe for expenditure pursuant to a water 
    supply plan approved by the Secretary.
    (d) Investment of Fund.--
        (1) In general.--
            (A) Applicable laws.--The Secretary shall invest amounts in 
        the Fund in accordance with--
                (i) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 
            25 U.S.C. 161);
                (ii) the first section of the Act entitled ``An Act to 
            authorize the payment of interest of certain funds held in 
            trust by the United States for Indian tribes'', approved 
            February 12, 1929 (25 U.S.C. 161a); and
                (iii) the first section of the Act entitled ``An Act to 
            authorize the deposit and investment of Indian funds'', 
            approved June 24, 1938 (25 U.S.C.162a).
            (B) Crediting of amounts to the fund.--The interest on, and 
        the proceeds from the sale or redemption of, any obligations of 
        the United States held in the Fund shall be credited to and 
        form part of the Fund. The Secretary of the Treasury shall 
        credit to each of the accounts contained in the Fund a 
        proportionate amount of that interest and proceeds.
        (2) Certain withdrawn funds.--
            (A) In general.--Amounts withdrawn from the Fund and 
        deposited in a private financial institution pursuant to a 
        withdrawal plan approved by the Secretary under the American 
        Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 
        et seq.) shall be invested by an appropriate official under 
        that plan.
            (B) Deposit of interest and proceeds.--The interest on, and 
        the proceeds from the sale or redemption of, any obligations 
        held under this paragraph shall be deposited in the private 
        financial institution referred to in subparagraph (A) in the 
        fund established pursuant to the withdrawal plan referred to in 
        that subparagraph. The appropriate official shall credit to 
        each of the accounts contained in that fund a proportionate 
        amount of that interest and proceeds.
    (e) Agreement Regarding Fund Expenditures.--If the Tribe does not 
exercise its right under subsection (a)(4) to withdraw the funds in the 
Fund and transfer those funds to a private financial institution, the 
Secretary shall enter into an agreement with the Tribe providing for 
appropriate terms and conditions, if any, on expenditures from the Fund 
in addition to the plans set forth in paragraphs (2) and (3) of 
subsection (c).
    (f) Per Capita Distributions Prohibited.--No part of the Fund shall 
be distributed on a per capita basis to members of the Tribe.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    (a) Chippewa Cree Fund.--There is authorized to be appropriated for 
the Fund, $21,000,000 to be allocated by the Secretary as follows:
        (1) Tribal compact administration account.--For Tribal Compact 
    Administration assumed by the Tribe under the Compact and this Act, 
    $3,000,000 is authorized to be appropriated for fiscal year 2000.
        (2) Economic development account.--For tribal economic 
    development, $3,000,000 is authorized to be appropriated for fiscal 
    year 2000.
        (3) Future water supply facilities account.--For the total 
    Federal contribution to the planning, design, construction, 
    operation, maintenance, and rehabilitation of a future water supply 
    system for the Reservation, there are authorized to be 
    appropriated--
            (A) $2,000,000 for fiscal year 2000;
            (B) $8,000,000 for fiscal year 2001; and
            (C) $5,000,000 for fiscal year 2002.
    (b) On-Reservation Water Development.--
        (1) In general.--There are authorized to be appropriated to the 
    Department of the Interior, for the Bureau of Reclamation, for the 
    construction of the on-Reservation water development projects 
    authorized by section 103--
            (A) $13,000,000 for fiscal year 2000, for the planning, 
        design, and construction of the Bonneau Dam Enlargement, for 
        the development of additional capacity in Bonneau Reservoir for 
        storage of water secured to the Tribe under the Compact;
            (B) $8,000,000 for fiscal year 2001, for the planning, 
        design, and construction of the East Fork Dam and Reservoir 
        enlargement, of the Brown's Dam and Reservoir enlargement, and 
        of the Towe Ponds enlargement of which--
                (i) $4,000,000 shall be used for the East Fork Dam and 
            Reservoir enlargement;
                (ii) $2,000,000 shall be used for the Brown's Dam and 
            Reservoir enlargement; and
                (iii) $2,000,000 shall be used for the Towe Ponds 
            enlargement; and
            (C) $3,000,000 for fiscal year 2002, for the planning, 
        design, and construction of such other water resource 
        developments as the Tribe, with the approval of the Secretary, 
        from time to time may consider appropriate or for the 
        completion of the 4 projects enumerated in subparagraphs (A) 
        and (B) of paragraph (1).
        (2) Unexpended balances.--Any unexpended balance in the funds 
    authorized to be appropriated under subparagraph (A) or (B) of 
    paragraph (1), after substantial completion of all of the projects 
    enumerated in paragraphs (1) through (4) of section 103(a)--
            (A) shall be available to the Tribe first for completion of 
        the enumerated projects; and
            (B) then for other water resource development projects on 
        the Reservation.
    (c) Administration Costs.--There is authorized to be appropriated 
to the Department of the Interior, for the Bureau of 
Reclamation, $1,000,000 for fiscal year 2000, for the costs of 
administration of the Bureau of Reclamation under this Act, except 
that--
        (1) if those costs exceed $1,000,000, the Bureau of Reclamation 
    may use funds authorized for appropriation under subsection (b) for 
    costs; and
        (2) the Bureau of Reclamation shall exercise its best efforts 
    to minimize those costs to avoid expenditures for the costs of 
    administration under this Act that exceed a total of $1,000,000.
    (d) Availability of Funds.--
        (1) In general.--The amounts authorized to be appropriated to 
    the Fund and allocated to its accounts pursuant to subsection (a) 
    shall be deposited into the Fund and allocated immediately on 
    appropriation.
        (2) Investments.--Investments may be made from the Fund 
    pursuant to section 104(d).
        (3) Availability of certain moneys.--The amounts authorized to 
    be appropriated in subsection (a)(1) shall be available for use 
    immediately upon appropriation in accordance with subsection 
    104(c)(1).
        (4) Limitation.--Those moneys allocated by the Secretary to 
    accounts in the Fund or in a fund established under section 
    104(a)(4) shall draw interest consistent with section 104(d), but 
    the moneys authorized to be appropriated under subsection (b) and 
    paragraphs (2) and (3) of subsection (a) shall not be available for 
    expenditure until the requirements of section 101(b) have been met 
    so that the decree has become final and the Tribe has executed the 
    waiver and release required under section 5(c).
    (e) Return of Funds to the Treasury.--
        (1) In general.--In the event that the approval, ratification, 
    and confirmation of the Compact by the United States becomes null 
    and void under section 101(b), all unexpended funds appropriated 
    under the authority of this Act together with all interest earned 
    on such funds, notwithstanding whether the funds are held by the 
    Tribe, a private institution, or the Secretary, shall revert to the 
    general fund of the Treasury 12 months after the expiration of the 
    deadline established in section 101(b).
        (2) Inclusion in agreements and plan.--The requirements in 
    paragraph (1) shall be included in all annual funding agreements 
    entered into under the self-governance program under title IV of 
    the Indian Self-Determination and Education Assistance Act (25 
    U.S.C. 458aa et seq.), withdrawal plans, withdrawal agreements, or 
    any other agreements for withdrawal or transfer of the funds to the 
    Tribe or a private financial institution under this Act.
    (f) Without Fiscal Year Limitation.--All money appropriated 
pursuant to authorizations under this title shall be available without 
fiscal year limitation.

SEC. 106. STATE CONTRIBUTIONS TO SETTLEMENT.

    Consistent with Articles VI.C.2 and C.3 of the Compact, the State 
contribution to settlement shall be as follows:
        (1) The contribution of $150,000 appropriated by Montana House 
    Bill 6 of the 55th Legislative Session (1997) shall be used for the 
    following purposes:
            (A) Water quality discharge monitoring wells and monitoring 
        program.
            (B) A diversion structure on Big Sandy Creek.
            (C) A conveyance structure on Box Elder Creek.
            (D) The purchase of contract water from Lower Beaver Creek 
        Reservoir.
        (2) Subject to the availability of funds, the State shall 
    provide services valued at $400,000 for administration required by 
    the Compact and for water quality sampling required by the Compact.

     TITLE II--TIBER RESERVOIR ALLOCATION AND FEASIBILITY STUDIES 
                             AUTHORIZATION.

SEC. 201. TIBER RESERVOIR.

    (a) Allocation of Water to the Tribe.--
        (1) In general.--The Secretary shall permanently allocate to 
    the Tribe, without cost to the Tribe, 10,000 acre-feet per year of 
    stored water from the water right of the Bureau of Reclamation in 
    Lake Elwell, Lower Marias Unit, Upper Missouri Division, Pick-Sloan 
    Missouri Basin Program, Montana, measured at the outlet works of 
    the dam or at the diversion point from the reservoir. The 
    allocation shall become effective when the decree referred to in 
    section 101(b) has become final in accordance with that section. 
    The allocation shall be part of the Tribal Water Right and subject 
    to the terms of this Act.
        (2) Agreement.--The Secretary shall enter into an agreement 
    with the Tribe setting forth the terms of the allocation and 
    providing for the Tribe's use or temporary transfer of water stored 
    in Lake Elwell, subject to the terms and conditions of the Compact 
    and this Act.
        (3) Prior reserved water rights.--The allocation provided in 
    this section shall be subject to the prior reserved water rights, 
    if any, of any Indian tribe, or person claiming water through any 
    Indian tribe.
    (b) Use and Temporary Transfer of Allocation.--
        (1) In general.--Subject to the limitations and conditions set 
    forth in the Compact and this Act, the Tribe shall have the right 
    to devote the water allocated by this section to any use, including 
    agricultural, municipal, commercial, industrial, mining, or 
    recreational uses, within or outside the Rocky Boy's Reservation.
        (2) Contracts and agreements.--Notwithstanding any other 
    provision of statutory or common law, the Tribe may, with the 
    approval of the Secretary and subject to the limitations and 
    conditions set forth in the Compact, enter into a service contract, 
    lease, exchange, or other agreement providing for the temporary 
    delivery, use, or transfer of the water allocated by this section, 
    except that no such service contract, lease, exchange, or other 
    agreement may permanently alienate any portion of the tribal 
    allocation.
    (c) Remaining Storage.--The United States shall retain the right to 
use for any authorized purpose, any and all storage remaining in Lake 
Elwell after the allocation made to the Tribe in subsection (a).
    (d) Water Transport Obligation; Development and Delivery Costs.--
The United States shall have no responsibility or obligation to provide 
any facility for the transport of the water allocated by this section 
to the Rocky Boy's Reservation or to any other location. Except for the 
contribution set forth in section 105(a)(3), the cost of developing and 
delivering the water allocated by this title or any other supplemental 
water to the Rocky Boy's Reservation shall not be borne by the United 
States.
    (e) Section not Precedential.--The provisions of this section 
regarding the allocation of water resources from the Tiber Reservoir to 
the Tribe shall not be construed as precedent in the litigation or 
settlement of any other Indian water right claims.

SEC. 202. MUNICIPAL, RURAL, AND INDUSTRIAL FEASIBILITY STUDY.

    (a) Authorization.--
        (1) In general.--
            (A) Study.--The Secretary, acting through the Bureau of 
        Reclamation, shall perform an MR&I feasibility study of water 
        and related resources in North Central Montana to evaluate 
        alternatives for a municipal, rural, and industrial supply for 
        the Rocky Boy's Reservation.
            (B) Use of funds made available for fiscal year 1999.--The 
        authority under subparagraph (A) shall be deemed to apply to 
        MR&I feasibility study activities for which funds were made 
        available by appropriations for fiscal year 1999.
        (2) Contents of study.--The MR&I feasibility study shall 
    include the feasibility of releasing the Tribe's Tiber allocation 
    as provided for in section 201 into the Missouri River System for 
    later diversion to a treatment and delivery system for the Rocky 
    Boy's Reservation.
        (3) Utilization of existing studies.--The MR&I feasibility 
    study shall include utilization of existing Federal and non-Federal 
    studies and shall be planned and conducted in consultation with 
    other Federal agencies, the State of Montana, and the Chippewa Cree 
    Tribe.
    (b) Acceptance or Participation in Identified Off-Reservation 
System.--The United States, the Chippewa Cree Tribe of the Rocky Boy's 
Reservation, and the State of Montana shall not be obligated to accept 
or participate in any potential off-Reservation water supply system 
identified in the MR&I feasibility study authorized in subsection (a).

SEC. 203. REGIONAL FEASIBILITY STUDY.

    (a) In General.--
        (1) Study.--The Secretary, acting through the Bureau of 
    Reclamation, shall conduct, pursuant to Reclamation Law, a regional 
    feasibility study (referred to in this subsection as the ``regional 
    feasibility study'') to evaluate water and related resources in 
    North-Central Montana in order to determine the limitations of 
    those resources and how those resources can best be managed and 
    developed to serve the needs of the citizens of Montana.
        (2) Use of funds made available for fiscal year 1999.--The 
    authority under paragraph (1) shall be deemed to apply to regional 
    feasibility study activities for which funds were made available by 
    appropriations for fiscal year 1999.
    (b) Contents of Study.--The regional feasibility study shall--
        (1) evaluate existing and potential water supplies, uses, and 
    management;
        (2) identify major water-related issues, including 
    environmental, water supply, and economic issues;
        (3) evaluate opportunities to resolve the issues referred to in 
    paragraph (2); and
        (4) evaluate options for implementation of resolutions to the 
    issues.
    (c) Requirements.--Because of the regional and international impact 
of the regional feasibility study, the study may not be segmented. The 
regional study shall--
        (1) utilize, to the maximum extent possible, existing 
    information; and
        (2) be planned and conducted in consultation with all affected 
    interests, including interests in Canada.
    SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR FEASIBILITY STUDIES.
    (a) Fiscal Year 1999 Appropriations.--Of the amounts made available 
by appropriations for fiscal year 1999 for the Bureau of Reclamation, 
$1,000,000 shall be used for the purpose of commencing the MR&I 
feasibility study under section 202 and the regional study under 
section 203, of which--
        (1) $500,000 shall be used for the MR&I study under section 
    202; and
        (2) $500,000 shall be used for the regional study under section 
    203.
    (b) Feasibility Studies.--There is authorized to be appropriated to 
the Department of the Interior, for the Bureau of Reclamation, for the 
purpose of conducting the MR&I feasibility study under section 202 and 
the regional study under section 203, $3,000,000 for fiscal year 2000, 
of which--
        (1) $500,000 shall be used for the MR&I feasibility study under 
    section 202; and
        (2) $2,500,000 shall be used for the regional study under 
    section 203.
    (c) Without Fiscal Year Limitation.--All money appropriated 
pursuant to authorizations under this title shall be available without 
fiscal year limitation.
    (d) Availability of Certain Moneys.--The amounts made available for 
use under subsection (a) shall be deemed to have been available for use 
as of the date on which those funds were appropriated. The amounts 
authorized to be appropriated in subsection (b) shall be available for 
use immediately upon appropriation.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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