106TH CONGRESS

1ST SESSION S. 438

AN ACT

To provide for the settlement of the water rights claims

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

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

3 SECTION. 1. SHORT TITLE.

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

5 of The Rocky Boy’s Reservation Indian Reserved Water

6 Rights Settlement and Water Supply Enhancement Act of

7 1999’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) in fulfillment of its trust responsibility to

4 Indian tribes and to promote tribal sovereignty and

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

6 United States to settle the water rights claims of the

7 tribes without lengthy and costly litigation;

8 (2) the Rocky Boy’s Reservation was estab9 lished as a homeland for the Chippewa Cree Tribe;

10 (3) adequate water for the Chippewa Cree

11 Tribe of the Rocky Boy’s Reservation is important

12 to a permanent, sustainable, and sovereign homeland

13 for the Tribe and its members;

14 (4) the sovereignty of the Chippewa Cree Tribe

15 and the economy of the Reservation depend on the

16 development of the water resources of the Reserva17 tion;

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

19 the facilities needed to utilize water supplies effec20 tively are necessary to the development of a viable

21 Reservation economy and to implementation of the

22 Chippewa Cree-Montana Water Rights Compact;

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

24 water-short area of Montana and it is appropriate

25 that the Act provide funding for the development of
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1 additional water supplies, including domestic water,

2 to meet the needs of the Chippewa Cree Tribe;

3 (7) proceedings to determine the full extent of

4 the water rights of the Chippewa Cree Tribe are cur5 rently pending before the Montana Water Court as

6 a part of In the Matter of the Adjudication of All

7 Rights to the Use of Water, Both Surface and Un8 derground, within the State of Montana;

9 (8) recognizing that final resolution of the gen10 eral stream adjudication will take many years and

11 entail great expense to all parties, prolong uncer12 tainty as to the availability of water supplies, and

13 seriously impair the long-term economic planning

14 and development of all parties, the Chippewa Cree

15 Tribe and the State of Montana entered into the

16 Compact on April 14, 1997; and

17 (9) the allocation of water resources from the

18 Tiber Reservoir to the Chippewa Cree Tribe under

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

20 and economic characteristics of the area and situa21 tion involved.

22 SEC. 3. PURPOSES.

23 The purposes of this Act are as follows:
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1 (1) To achieve a fair, equitable, and final settle2 ment of all claims to water rights in the State of

3 Montana for—

4 (A) the Chippewa Cree Tribe; and

5 (B) the United States for the benefit of

6 the Chippewa Cree Tribe.

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

8 in this Act, the Chippewa Cree-Montana Water

9 Rights Compact entered into by the Chippewa Cree

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

11 of Montana on April 14, 1997, and to provide fund12 ing and other authorization necessary for the imple13 mentation of the Compact.

14 (3) To authorize the Secretary of the Interior

15 to execute and implement the Compact referred to in

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

17 necessary to implement the Compact in a manner

18 consistent with this Act.

19 (4) To authorize Federal feasibility studies de20 signed to identify and analyze potential mechanisms

21 to enhance, through conservation or otherwise, water

22 supplies in North Central Montana, including mech23 anisms to import domestic water supplies for the fu24 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

10 necessary for the implementation of the Compact.

11 SEC. 4. DEFINITIONS.

12 In this Act:

13 (1) ACT.—The term ‘‘Act’’ means the ‘‘Chip14 pewa Cree Tribe of The Rocky Boy’s Reservation In15 dian Reserved Water Rights Settlement and Water

16 Supply Enhancement Act of 1999’’.

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

18 the water rights compact between the Chippewa

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

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

21 the 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 Anno2 tated (1997), or to the Federal Court of Appeals, in3 cluding the expiration of the time in which a petition

4 for certiorari may be filed in the United States Su5 preme Court, denial of such a petition, or the

6 issuance of the Supreme Court’s mandate, whichever

7 occurs last.

8 (4) FUND.—The term ‘‘Fund’’ means the Chip9 pewa Cree Indian Reserved Water Rights Settlement

10 Fund established under section 104.

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

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

13 of the Federally Recognized Indian Tribe List Act of

14 1994 (25 U.S.C. 479a(2)).

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

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

17 and industrial, domestic, and incidental drought re18 lief feasibility study described in section 202.

19 (7) MISSOURI RIVER SYSTEM.—The term ‘‘Mis20 souri River System’’ means the mainstem of the

21 Missouri River and its tributaries, including the

22 Marias River.

23 (8) RECLAMATION LAW.—The term ‘‘Reclama24 tion Law’’ has the meaning given the term ‘‘rec-
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1 lamation law’’ in section 4 of the Act of December

2 5, 1924 (43 Stat. 701, chapter 4; 43 U.S.C. 371).

3 (9) ROCKY BOY’S RESERVATION; RESERVA4 TION.—The term ‘‘Rocky Boy’s Reservation’’ or

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

6 of the Chippewa Cree Tribe in Montana.

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

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

9 duly authorized representative.

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

11 means the reservoir or reservoirs referred to as

12 ‘‘Stoneman Reservoir’’ in the Compact.

13 (12) TRIBAL COMPACT ADMINISTRATION.—The

14 term ‘‘Tribal Compact Administration’’ means the

15 activities assumed by the Tribe for implementation

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

17 Compact.

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

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

20 Tribe, as provided in the Compact.

21 (14) TRIBAL WATER RIGHT.—

22 (A) IN GENERAL.—The term ‘‘Tribal

23 Water Right’’ means the water right set forth

24 in section 85–20–601 of the Montana Code An-
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1 notated (1997) and includes the water alloca2 tion set forth in Title II of this Act.

3 (B) RULE OF CONSTRUCTION.—The defini4 tion of the term ‘‘Tribal Water Right’’ under

5 this paragraph and the treatment of that right

6 under this Act shall not be construed or inter7 preted as a precedent for the litigation of re8 served water rights or the interpretation or ad9 ministration of future compacts between the

10 United States and the State of Montana or any

11 other State.

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

13 Chippewa Cree Tribe of the Rocky Boy’s Reserva14 tion and all officers, agents, and departments there15 of.

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

17 development’’ includes all activities that involve the

18 use of water or modification of water courses or

19 water bodies in any way.

20 SEC. 5. MISCELLANEOUS PROVISIONS.

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

22 to Tribal Resolution No. 40–98, and in exchange for bene23 fits under this Act, the Tribe shall not exercise the rights

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

25 in the event that the approval, ratification, and confirma-
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1 tion of the Compact by the United States becomes null

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

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

4 the Compact.

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

6 the extent provided in subsections (a), (b), and (c) of sec7 tion 208 of the Department of Justice Appropriation Act,

8 1953 (43 U.S.C. 666), nothing in this Act may be con9 strued to waive the sovereign immunity of the United

10 States.

11 (c) TRIBAL RELEASE OF CLAIMS AGAINST THE

12 UNITED STATES.—

13 (1) IN GENERAL.—Pursuant to Tribal Resolu14 tion No. 40–98, and in exchange for benefits under

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

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

17 claims described in paragraph (2) against the United

18 States, the validity of which are not recognized by

19 the United States, except that—

20 (A) the waiver and release of claims shall

21 not become effective until the appropriation of

22 the funds authorized in section 105, the water

23 allocation in section 201, and the appropriation

24 of funds for the MR&I feasibility study author25 ized in section 204 have been completed and the
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1 decree has become final in accordance with the

2 requirements of section 101(b); and

3 (B) in the event that the approval, ratifica4 tion, and confirmation of the Compact by the

5 United States becomes null and void under sec6 tion 101(b), the waiver and release of claims

7 shall become null and void.

8 (2) CLAIMS DESCRIBED.—The claims referred

9 to in paragraph (1) are as follows:

10 (A) Any and all claims to water rights (in11 cluding water rights in surface water, ground

12 water, and effluent), claims for injuries to

13 water rights, claims for loss or deprivation of

14 use of water rights, and claims for failure to ac15 quire or develop water rights for lands of the

16 Tribe from time immemorial to the date of rati17 fication of the Compact by Congress.

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

19 negotiation of the Compact and the settlement

20 authorized by this Act.

21 (3) SETOFFS.—In the event the waiver and re22 lease do not become effective as set forth in para23 graph (1)—

24 (A) the United States shall be entitled to

25 setoff against any claim for damages asserted
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1 by the Tribe against the United States, any

2 funds transferred to the Tribe pursuant to sec3 tion 104, and any interest accrued thereon up

4 to the date of setoff; and

5 (B) the United States shall retain any

6 other claims or defenses not waived in this Act

7 or in the Compact as modified by this Act.

8 (d) OTHER TRIBES NOT ADVERSELY AFFECTED.—

9 Nothing in this Act shall be construed to quantify or oth10 erwise adversely affect the land and water rights, or claims

11 or entitlements to land or water of an Indian tribe other

12 than the Chippewa Cree Tribe.

13 (e) ENVIRONMENTAL COMPLIANCE.—In imple14 menting the Compact, the Secretary shall comply with all

15 aspects of the National Environmental Policy Act of 1969

16 (42 U.S.C. 4321 et seq.), the Endangered Species Act of

17 1973 (16 U.S.C. 1531 et seq.), and all other applicable

18 environmental Acts and regulations.

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

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

21 not constitute a major Federal action under the National

22 Environmental Policy Act (42 U.S.C. 4321 et seq.). The

23 Secretary is directed to carry out all necessary environ24 mental compliance required by Federal law in imple25 menting the Compact.
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1 (g) CONGRESSIONAL INTENT.—Nothing in this Act

2 shall be construed to prohibit the Tribe from seeking addi3 tional authorization or appropriation of funds for tribal

4 programs or purposes.

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

6 shall be construed or interpreted as a precedent for the

7 litigation of reserved water rights or the interpretation or

8 administration of future water settlement Acts.

9 TITLE I—CHIPPEWA CREE TRIBE

10 OF THE ROCKY BOY’S RES11 ERVATION INDIAN RESERVED

12 WATER RIGHTS SETTLEMENT

13 SEC. 101. RATIFICATION OF COMPACT AND ENTRY OF DE14 CREE.

15 (a) WATER RIGHTS COMPACT APPROVED.—Except

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

17 does not conflict with this Act—

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

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

20 State of Montana on April 14, 1997, is hereby ap21 proved, ratified, and confirmed; and

22 (2) the Secretary shall—

23 (A) execute and implement the Compact

24 together with any amendments agreed to by the
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1 parties or necessary to bring the Compact into

2 conformity with this Act; and

3 (B) take such other actions as are nec4 essary to implement the Compact.

5 (b) APPROVAL OF DECREE.—

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

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

8 States, the Tribe, or the State of Montana shall pe9 tition the Montana Water Court, individually or

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

11 the United States, the Tribe, and the State of Mon12 tana attached as Appendix 1 to the Compact, or any

13 amended version thereof agreed to by the United

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

15 (2) RESORT TO THE FEDERAL DISTRICT

16 COURT.—Under the circumstances set forth in Arti17 cle VII.B.4 of the Compact, 1 or more parties may

18 file an appropriate motion (as provided in that arti19 cle) in the United States district court of appro20 priate jurisdiction.

21 (3) EFFECT OF FAILURE OF APPROVAL TO BE22 COME FINAL.—In the event the approval by the ap23 propriate court, including any direct appeal, does

24 not become final within 3 years after the filing of
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1 the decree, or the decree is approved but is subse2 quently set aside by the appropriate court—

3 (A) the approval, ratification, and con4 firmation of the Compact by the United States

5 shall be null and void; and

6 (B) except as provided in subsections (a)

7 and (c)(3) of section 5 and section 105(e)(1),

8 this Act shall be of no further force and effect.

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

10 RIGHT.

11 (a) ADMINISTRATION AND ENFORCEMENT.—As pro12 vided in the Compact, until the adoption and approval of

13 a tribal water code by the Tribe, the Secretary shall ad14 minister and enforce the Tribal Water Right.

15 (b) TRIBAL MEMBER ENTITLEMENT.—

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

17 Indian reserved water of any tribal member shall be

18 satisfied solely from the water secured to the Tribe

19 by the Compact and shall be governed by the terms

20 and conditions of the Compact.

21 (2) ADMINISTRATION.—An entitlement de22 scribed in paragraph (1) shall be administered by

23 the Tribe pursuant to a tribal water code developed

24 and adopted pursuant to Article IV.A.2 of the Com-
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1 pact, or by the Secretary pending the adoption and

2 approval of the tribal water code.

3 (c) TEMPORARY TRANSFER OF TRIBAL WATER

4 RIGHT.—The Tribe may, with the approval of the Sec5 retary and the approval of the State of Montana pursuant

6 to Article IV.A.4 of the Compact, transfer any portion of

7 the Tribal water right for use off the Reservation by serv8 ice contract, lease, exchange, or other agreement. No serv9 ice contract, lease, exchange, or other agreement entered

10 into under this subsection may permanently alienate any

11 portion of the Tribal water right. The enactment of this

12 subsection shall constitute a plenary exercise of the powers

13 set forth in Article I, section 8(3) of the United States

14 Constitution and is statutory law of the United States

15 within the meaning of Article IV.A.4.b.(3) of the Compact.

16 SEC. 103. ON-RESERVATION WATER RESOURCES DEVELOP17 MENT.

18 (a) WATER DEVELOPMENT PROJECTS.—The Sec19 retary, acting through the Bureau of Reclamation, is au20 thorized and directed to plan, design, and construct, or

21 to provide, pursuant to subsection (b), for the planning,

22 design, and construction of the following water develop23 ment projects on the Rocky Boy’s Reservation:

24 (1) Bonneau Dam and Reservoir Enlargement.
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1 (2) East Fork of Beaver Creek Dam Repair

2 and Enlargement.

3 (3) Brown’s Dam Enlargement.

4 (4) Towe Ponds’ Enlargement.

5 (5) Such other water development projects as

6 the Tribe shall from time to time consider appro7 priate.

8 (b) IMPLEMENTATION AGREEMENT.—The Secretary,

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

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

11 the Tribe to implement the provisions of this Act through

12 the Tribe’s annual funding agreement entered into under

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

14 Self-Determination and Education Assistance Act (25

15 U.S.C. 458aa et seq.) by which the Tribe shall plan, de16 sign, and construct any or all of the projects authorized

17 by this section.

18 (c) BUREAU OF RECLAMATION PROJECT ADMINIS19 TRATION.—

20 (1) IN GENERAL.—Congress finds that the Sec21 retary, through the Bureau of Reclamation, has en22 tered into an agreement with the Tribe, pursuant to

23 title IV of the Indian Self-Determination and Edu24 cation Assistance Act (25 U.S.C. 458aa et seq.)—
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1 (A) defining and limiting the role of the

2 Bureau of Reclamation in its administration of

3 the projects authorized in subsection (a);

4 (B) establishing the standards upon which

5 the projects will be constructed; and

6 (C) for other purposes necessary to imple7 ment this section.

8 (2) AGREEMENT.—The agreement referred to

9 in paragraph (1) shall become effective when the

10 Tribe exercises its right under subsection (b).

11 SEC. 104. CHIPPEWA CREE INDIAN RESERVED WATER

12 RIGHTS SETTLEMENT TRUST FUND.

13 (a) ESTABLISHMENT OF TRUST FUND.—

14 (1) IN GENERAL.—

15 (A) ESTABLISHMENT.—There is hereby es16 tablished in the Treasury of the United States

17 a trust fund for the Chippewa Cree Tribe of the

18 Rocky Boy’s Reservation to be known as the

19 ‘‘Chippewa Cree Indian Reserved Water Rights

20 Settlement Trust Fund’’.

21 (B) AVAILABILITY OF AMOUNTS IN

22 FUND.—

23 (i) IN GENERAL.—Amounts in the

24 Fund shall be available to the Secretary

25 for management and investment on behalf
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1 of the Tribe and distribution to the Tribe

2 in accordance with this Act.

3 (ii) AVAILABILITY.—Funds made

4 available from the Fund under this section

5 shall be available without fiscal year limita6 tion.

7 (2) MANAGEMENT OF FUND.—The Secretary

8 shall deposit and manage the principal and interest

9 in the Fund in a manner consistent with subsection

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

11 (3) CONTENTS OF FUND.—The Fund shall con12 sist of the amounts authorized to be appropriated to

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

14 amounts as may be transferred or credited to the

15 Fund.

16 (4) WITHDRAWAL.—The Tribe, with the ap17 proval of the Secretary, may withdraw the Fund and

18 deposit it in a mutually agreed upon private finan19 cial institution. That withdrawal shall be made pur20 suant to the American Indian Trust Fund Manage21 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.).

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

23 shall establish the following accounts in the Fund

24 and shall allocate appropriations to the various ac25 counts as required in this Act:
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1 (A) The Tribal Compact Administration

2 Account.

3 (B) The Economic Development Account.

4 (C) The Future Water Supply Facilities

5 Account.

6 (b) FUND MANAGEMENT.—

7 (1) IN GENERAL.—

8 (A) AMOUNTS IN FUND.—The Fund shall

9 consist of such amounts as are appropriated to

10 the Fund and allocated to the accounts of the

11 Fund by the Secretary as provided for in this

12 Act and in accordance with the authorizations

13 for appropriations in paragraphs (1), (2), and

14 (3) of section 105(a), together with all interest

15 that accrues in the Fund.

16 (B) MANAGEMENT BY SECRETARY.—The

17 Secretary shall manage the Fund, make invest18 ments from the Fund, and make available funds

19 from the Fund for distribution to the Tribe in

20 a manner consistent with the American Indian

21 Trust Fund Management Reform Act of 1994

22 (25 U.S.C. 4001 et seq.).

23 (2) TRIBAL MANAGEMENT.—

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

25 its right pursuant to subsection (a)(4) to with-
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1 draw the Fund and deposit it in a private fi2 nancial institution, except as provided in the

3 withdrawal plan, neither the Secretary nor the

4 Secretary of the Treasury shall retain any over5 sight over or liability for the accounting, dis6 bursement, or investment of the funds.

7 (B) WITHDRAWAL PLAN.—The withdrawal

8 plan referred to in subparagraph (A) shall pro9 vide for—

10 (i) the creation of accounts and allo11 cation to accounts in a fund established

12 under the plan in a manner consistent with

13 subsection (a); and

14 (ii) the appropriate terms and condi15 tions, if any, on expenditures from the

16 fund (in addition to the requirements of

17 the plans set forth in paragraphs (2) and

18 (3) of subsection (c)).

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

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

21 restrictions on expenditures:

22 (1) Except for $400,000 necessary for capital

23 expenditures in connection with Tribal Compact Ad24 ministration, only interest accrued on the Tribal

25 Compact Administration Account referred to in sub-
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1 section (a)(5)(A) shall be available to satisfy the

2 Tribe’s obligations for Tribal Compact Administra3 tion under the provisions of the Compact.

4 (2) Both principal and accrued interest on the

5 Economic Development Account referred to in sub6 section (a)(5)(B) shall be available to the Tribe for

7 expenditure pursuant to an economic development

8 plan approved by the Secretary.

9 (3) Both principal and accrued interest on the

10 Future Water Supply Facilities Account referred to

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

12 Tribe for expenditure pursuant to a water supply

13 plan approved by the Secretary.

14 (d) INVESTMENT OF FUND.—

15 (1) IN GENERAL.—

16 (A) APPLICABLE LAWS.—The Secretary

17 shall invest amounts in the Fund in accordance

18 with—

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

20 70, chapter 41; 25 U.S.C. 161);

21 (ii) the first section of the Act entitled

22 ‘‘An Act to authorize the payment of inter23 est of certain funds held in trust by the

24 United States for Indian tribes’’, approved

25 February 12, 1929 (25 U.S.C. 161a); and
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1 (iii) the first section of the Act enti2 tled ‘‘An Act to authorize the deposit and

3 investment of Indian funds’’, approved

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

5 (B) CREDITING OF AMOUNTS TO THE

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

7 the sale or redemption of, any obligations of the

8 United States held in the Fund shall be cred9 ited to and form part of the Fund. The Sec10 retary of the Treasury shall credit to each of

11 the accounts contained in the Fund a propor12 tionate amount of that interest and proceeds.

13 (2) CERTAIN WITHDRAWN FUNDS.—

14 (A) IN GENERAL.—Amounts withdrawn

15 from the Fund and deposited in a private finan16 cial institution pursuant to a withdrawal plan

17 approved by the Secretary under the American

18 Indian Trust Fund Management Reform Act of

19 1994 (25 U.S.C. 4001 et seq.) shall be invested

20 by an appropriate official under that plan.

21 (B) DEPOSIT OF INTEREST AND PRO22 CEEDS.—The interest on, and the proceeds

23 from the sale or redemption of, any obligations

24 held under this paragraph shall be deposited in

25 the private financial institution referred to in
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1 subparagraph (A) in the fund established pur2 suant to the withdrawal plan referred to in that

3 subparagraph. The appropriate official shall

4 credit to each of the accounts contained in that

5 fund a proportionate amount of that interest

6 and proceeds.

7 (e) AGREEMENT REGARDING FUND EXPENDI8 TURES.—If the Tribe does not exercise its right under

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

10 transfer those funds to a private financial institution, the

11 Secretary shall enter into an agreement with the Tribe

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

13 expenditures from the Fund in addition to the plans set

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

15 (f) PER CAPITA DISTRIBUTIONS PROHIBITED.—No

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

17 to members of the Tribe.

18 SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

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

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

21 by the Secretary as follows:

22 (1) TRIBAL COMPACT ADMINISTRATION AC23 COUNT.—For Tribal Compact Administration as24 sumed by the Tribe under the Compact and this Act,
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1 $3,000,000 is authorized to be appropriated for fis2 cal year 2000.

3 (2) ECONOMIC DEVELOPMENT ACCOUNT.—For

4 tribal economic development, $3,000,000 is author5 ized to be appropriated for fiscal year 2000.

6 (3) FUTURE WATER SUPPLY FACILITIES AC7 COUNT.—For the total Federal contribution to the

8 planning, design, construction, operation, mainte9 nance, and rehabilitation of a future water supply

10 system for the Reservation, there are authorized to

11 be appropriated—

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

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

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

15 (b) ON-RESERVATION WATER DEVELOPMENT.—

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

17 appropriated to the Department of the Interior, for

18 the Bureau of Reclamation, for the construction of

19 the on-Reservation water development projects au20 thorized by section 103—

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

22 the planning, design, and construction of the

23 Bonneau Dam Enlargement, for the develop24 ment of additional capacity in Bonneau Res-
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1 ervoir for storage of water secured to the Tribe

2 under the Compact;

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

4 the planning, design, and construction of the

5 East Fork Dam and Reservoir enlargement, of

6 the Brown’s Dam and Reservoir enlargement,

7 and of the Towe Ponds enlargement of which—

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

9 East Fork Dam and Reservoir enlarge10 ment;

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

12 Brown’s Dam and Reservoir enlargement;

13 and

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

15 Towe Ponds enlargement; and

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

17 the planning, design, and construction of such

18 other water resource developments as the Tribe,

19 with the approval of the Secretary, from time to

20 time may consider appropriate or for the com21 pletion of the 4 projects enumerated in sub22 paragraphs (A) and (B) of paragraph (1).

23 (2) UNEXPENDED BALANCES.—Any unex24 pended balance in the funds authorized to be appro25 priated under subparagraph (A) or (B) of paragraph
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1 (1), after substantial completion of all of the

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

3 of section 103(a)—

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

5 completion of the enumerated projects; and

6 (B) then for other water resource develop7 ment projects on the Reservation.

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

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

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

11 for the costs of administration of the Bureau of Reclama12 tion under this Act, except that—

13 (1) if those costs exceed $1,000,000, the Bu14 reau of Reclamation may use funds authorized for

15 appropriation under subsection (b) for costs; and

16 (2) the Bureau of Reclamation shall exercise its

17 best efforts to minimize those costs to avoid expendi18 tures for the costs of administration under this Act

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

20 (d) AVAILABILITY OF FUNDS.—

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

22 be appropriated to the Fund and allocated to its ac23 counts pursuant to subsection (a) shall be deposited

24 into the Fund and allocated immediately on appro25 priation.
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1 (2) INVESTMENTS.—Investments may be made

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

3 (3) AVAILABILITY OF CERTAIN MONEYS.—The

4 amounts authorized to be appropriated in subsection

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

6 appropriation in accordance with subsection

7 104(c)(1).

8 (4) LIMITATION.—Those moneys allocated by

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

10 established under section 104(a)(4) shall draw inter11 est consistent with section 104(d), but the moneys

12 authorized to be appropriated under subsection (b)

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

14 not be available for expenditure until the require15 ments of section 101(b) have been met so that the

16 decree has become final and the Tribe has executed

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

18 (e) RETURN OF FUNDS TO THE TREASURY.—

19 (1) IN GENERAL.—In the event that the ap20 proval, ratification, and confirmation of the Compact

21 by the United States becomes null and void under

22 section 101(b), all unexpended funds appropriated

23 under the authority of this Act together with all in24 terest earned on such funds, notwithstanding wheth25 er the funds are held by the Tribe, a private institu-
28

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1 tion, or the Secretary, shall revert to the general

2 fund of the Treasury 12 months after the expiration

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

4 (2) INCLUSION IN AGREEMENTS AND PLAN.—

5 The requirements in paragraph (1) shall be included

6 in all annual funding agreements entered into under

7 the self-governance program under title IV of the In8 dian Self-Determination and Education Assistance

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

10 withdrawal agreements, or any other agreements for

11 withdrawal or transfer of the funds to the Tribe or

12 a private financial institution under this Act.

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

14 appropriated pursuant to authorizations under this title

15 shall be available without fiscal year limitation.

16 SEC. 106. STATE CONTRIBUTIONS TO SETTLEMENT.

17 Consistent with Articles VI.C.2 and C.3 of the Com18 pact, the State contribution to settlement shall be as fol19 lows:

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

21 by Montana House Bill 6 of the 55th Legislative

22 Session (1997) shall be used for the following pur23 poses:

24 (A) Water quality discharge monitoring

25 wells and monitoring program.
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1 (B) A diversion structure on Big Sandy

2 Creek.

3 (C) A conveyance structure on Box Elder

4 Creek.

5 (D) The purchase of contract water from

6 Lower Beaver Creek Reservoir.

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

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

9 administration required by the Compact and for

10 water quality sampling required by the Compact.

11 TITLE II—TIBER RESERVOIR AL12 LOCATION AND FEASIBILITY

13 STUDIES AUTHORIZATION.

14 SEC. 201. TIBER RESERVOIR.

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

16 (1) IN GENERAL.—The Secretary shall perma17 nently allocate to the Tribe, without cost to the

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

19 from the water right of the Bureau of Reclamation

20 in Lake Elwell, Lower Marias Unit, Upper Missouri

21 Division, Pick-Sloan Missouri Basin Program, Mon22 tana, measured at the outlet works of the dam or at

23 the diversion point from the reservoir. The allocation

24 shall become effective when the decree referred to in

25 section 101(b) has become final in accordance with
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1 that section. The allocation shall be part of the Trib2 al Water Right and subject to the terms of this Act.

3 (2) AGREEMENT.—The Secretary shall enter

4 into an agreement with the Tribe setting forth the

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

6 use or temporary transfer of water stored in Lake

7 Elwell, subject to the terms and conditions of the

8 Compact and this Act.

9 (3) PRIOR RESERVED WATER RIGHTS.—The al10 location provided in this section shall be subject to

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

12 tribe, or person claiming water through any Indian

13 tribe.

14 (b) USE AND TEMPORARY TRANSFER OF ALLOCA15 TION.—

16 (1) IN GENERAL.—Subject to the limitations

17 and conditions set forth in the Compact and this

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

19 water allocated by this section to any use, including

20 agricultural, municipal, commercial, industrial, min21 ing, or recreational uses, within or outside the Rocky

22 Boy’s Reservation.

23 (2) CONTRACTS AND AGREEMENTS.—Notwith24 standing any other provision of statutory or common

25 law, the Tribe may, with the approval of the Sec-
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1 retary and subject to the limitations and conditions

2 set forth in the Compact, enter into a service con3 tract, lease, exchange, or other agreement providing

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

5 water allocated by this section, except that no such

6 service contract, lease, exchange, or other agreement

7 may permanently alienate any portion of the tribal

8 allocation.

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

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

11 and all storage remaining in Lake Elwell after the alloca12 tion made to the Tribe in subsection (a).

13 (d) WATER TRANSPORT OBLIGATION; DEVELOP14 MENT AND DELIVERY COSTS.—The United States shall

15 have no responsibility or obligation to provide any facility

16 for the transport of the water allocated by this section to

17 the Rocky Boy’s Reservation or to any other location. Ex18 cept for the contribution set forth in section 105(a)(3),

19 the cost of developing and delivering the water allocated

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

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

22 (e) SECTION NOT PRECEDENTIAL.—The provisions

23 of this section regarding the allocation of water resources

24 from the Tiber Reservoir to the Tribe shall not be con-
32

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1 strued as precedent in the litigation or settlement of any

2 other Indian water right claims.

3 SEC. 202. MUNICIPAL, RURAL, AND INDUSTRIAL FEASI4 BILITY STUDY.

5 (a) AUTHORIZATION.—

6 (1) IN GENERAL.—

7 (A) STUDY.—The Secretary, acting

8 through the Bureau of Reclamation, shall per9 form an MR&I feasibility study of water and re10 lated resources in North Central Montana to

11 evaluate alternatives for a municipal, rural, and

12 industrial supply for the Rocky Boy’s Reserva13 tion.

14 (B) USE OF FUNDS MADE AVAILABLE FOR

15 FISCAL YEAR 1999.—The authority under sub16 paragraph (A) shall be deemed to apply to

17 MR&I feasibility study activities for which

18 funds were made available by appropriations for

19 fiscal year 1999.

20 (2) CONTENTS OF STUDY.—The MR&I feasi21 bility study shall include the feasibility of releasing

22 the Tribe’s Tiber allocation as provided for in sec23 tion 201 into the Missouri River System for later di24 version to a treatment and delivery system for the

25 Rocky Boy’s Reservation.
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1 (3) UTILIZATION OF EXISTING STUDIES.—The

2 MR&I feasibility study shall include utilization of ex3 isting Federal and non-Federal studies and shall be

4 planned and conducted in consultation with other

5 Federal agencies, the State of Montana, and the

6 Chippewa Cree Tribe.

7 (b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED

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

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

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

11 participate in any potential off-Reservation water supply

12 system identified in the MR&I feasibility study authorized

13 in subsection (a).

14 SEC. 203. REGIONAL FEASIBILITY STUDY—

15 (a) IN GENERAL.—

16 (1) STUDY.—The Secretary, acting through the

17 Bureau of Reclamation, shall conduct, pursuant to

18 Reclamation Law, a regional feasibility study (re19 ferred to in this subsection as the ‘‘regional feasi20 bility study’’) to evaluate water and related re21 sources in North-Central Montana in order to deter22 mine the limitations of those resources and how

23 those resources can best be managed and developed

24 to serve the needs of the citizens of Montana.
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1 (2) USE OF FUNDS MADE AVAILABLE FOR FIS2 CAL YEAR 1999.—The authority under paragraph

3 (1) shall be deemed to apply to regional feasibility

4 study activities for which funds were made available

5 by appropriations for fiscal year 1999.

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

7 study shall—

8 (1) evaluate existing and potential water sup9 plies, uses, and management;

10 (2) identify major water-related issues, includ11 ing environmental, water supply, and economic

12 issues;

13 (3) evaluate opportunities to resolve the issues

14 referred to in paragraph (2); and

15 (4) evaluate options for implementation of reso16 lutions to the issues.

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

18 international impact of the regional feasibility study, the

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

20 (1) utilize, to the maximum extent possible, ex21 isting information; and

22 (2) be planned and conducted in consultation

23 with all affected interests, including interests in

24 Canada.
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1 SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR FEA2 SIBILITY STUDIES.

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

4 amounts made available by appropriations for fiscal year

5 1999 for the Bureau of Reclamation, $1,000,000 shall be

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

7 study under section 202 and the regional study under sec8 tion 203, of which—

9 (1) $500,000 shall be used for the MR&I study

10 under section 202; and

11 (2) $500,000 shall be used for the regional

12 study under section 203.

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

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

15 Bureau of Reclamation, for the purpose of conducting the

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

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

18 of which—

19 (1) $500,000 shall be used for the MR&I feasi20 bility study under section 202; and

21 (2) $2,500,000 shall be used for the regional

22 study under section 203.

23 (c) 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 (d) AVAILABILITY OF CERTAIN MONEYS.—The

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

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

4 on which those funds were appropriated. The amounts au5 thorized to be appropriated in subsection (b) shall be avail6 able for use immediately upon appropriation.

Passed the Senate November 4, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 438

AN ACT

To provide for the settlement of the water rights

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