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 watershort 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
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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.
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(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
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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.
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(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—
S. 438—6

(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.—
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(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 SelfDetermination 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
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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).
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(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.—
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(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).
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(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.
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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.
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(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-RESERVA- TION 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.
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(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.