II

106TH CONGRESS

1ST SESSION S. 438

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.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 22, 1999

Mr. BRUNS (for himself and Mr. BAUCUS) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

A BILL

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 Act of 1999’’.

7 SEC. 2. FINDINGS.

8 Congress finds that—
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1 (1) in fulfillment of its trust responsibility to

2 Indian tribes and to promote tribal sovereignty and

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

4 United States to settle the water rights claims of the

5 tribes without lengthy and costly litigation;

6 (2) the Rocky Boy’s Reservation was estab7 lished as a homeland for the Chippewa Cree Tribe;

8 (3) adequate water for the Chippewa Cree

9 Tribe of the Rocky Boy’s Reservation is important

10 to a permanent, sustainable, and sovereign homeland

11 for the Tribe and its members;

12 (4) the sovereignty of the Chippewa Cree Tribe

13 and the economy of the Reservation depend on the

14 development of the water resources of the Reserva15 tion;

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

17 the facilities needed to utilize water supplies effec18 tively are necessary to the development of a viable

19 Reservation economy and to implementation of the

20 Chippewa Cree-Montana Water Rights Compact;

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

22 water-short area of Montana and the Compact con23 templates the development of additional water sup24 plies, including importation of domestic water, to

25 meet the needs of the Chippewa Cree Tribe;
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1 (7) proceedings to determine the full extent of

2 the water rights of the Chippewa Cree Tribe are cur3 rently pending before the Montana Water Court as

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

5 Rights to the Use of Water, Both Surface and Un6 derground, within the State of Montana;

7 (8) recognizing that final resolution of the gen8 eral stream adjudication will take many years and

9 entail great expense to all parties, prolong uncer10 tainty as to the availability of water supplies, and

11 seriously impair the long-term economic planning

12 and development of all parties, the Chippewa Cree

13 Tribe and the State of Montana entered into the

14 Compact on April 14, 1997; and

15 (9) the allocation of water resources from the

16 Tiber Reservoir to the Chippewa Cree Tribe under

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

18 and economic characteristics of the area and situa19 tion involved.

20 SEC. 3. PURPOSES.

21 The purposes of this Act are as follows:

22 (1) To achieve a fair, equitable, and final settle23 ment of all claims to water rights in the State of

24 Montana for—

25 (A) the Chippewa Cree Tribe; and
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1 (B) the United States for the benefit of

2 the Chippewa Cree Tribe.

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

4 in this Act, the Chippewa Cree-Montana Water

5 Rights Compact entered into by the Chippewa Cree

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

7 of Montana on April 14, 1997, and to provide fund8 ing and other authorization necessary for the imple9 mentation of the Compact.

10 (3) To authorize the Secretary of the Interior

11 to execute and implement the Compact referred to in

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

13 necessary to implement the Compact in a manner

14 consistent with this Act.

15 (4) To authorize Federal feasibility studies de16 signed to identify and analyze potential mechanisms

17 to enhance, through conservation or otherwise, water

18 supplies in North Central Montana, including mech19 anisms to import domestic water supplies for the fu20 ture growth of the Rocky Boy’s Indian Reservation.

21 (5) To authorize certain projects on the Rocky

22 Boy’s Indian Reservation, Montana, in order to im23 plement the Compact.

24 (6) To authorize certain modifications to the

25 purposes and operation of the Bureau of Reclama-
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1 tion’s Tiber Dam and Lake Elwell on the Marias

2 River in Montana in order to implement the Com3 pact.

4 (7) To authorize the appropriation of funds

5 necessary for the implementation of the Compact.

6 SEC. 4. DEFINITIONS.

7 In this Act:

8 (1) COMPACT.—The term ‘‘Compact’’ means

9 the water rights compact between the Chippewa

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

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

12 the Montana Code Annotated (1997).

13 (2) FINAL.—The term ‘‘final’’ with reference to

14 approval of the decree in section 5(b) means comple15 tion of any direct appeal to the Montana Supreme

16 Court of a final decree by the Water Court pursuant

17 to section 85–2–235 of the Montana Code Anno18 tated (1997), or to the Federal Court of Appeals, in19 cluding the expiration of the time in which a petition

20 for certiorari may be filed in the United States Su21 preme Court, denial of such a petition, or the

22 issuance of the Supreme Court’s mandate, whichever

23 occurs last.
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1 (3) FUND.—The term ‘‘Fund’’ means the Chip2 pewa Cree Indian Reserved Water Rights Settlement

3 Fund established under section 10.

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

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

6 of the Federally Recognized Indian Tribe List Act of

7 1994 (25 U.S.C. 479a(2)).

8 (5) MR&I FEASIBILITY STUDY.—The term

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

10 and industrial, domestic, and incidental drought re11 lief feasibility study described in section 7.

12 (6) MISSOURI RIVER SYSTEM.—The term ‘‘Mis13 souri River System’’ means the mainstem of the

14 Missouri River and its tributaries, including the

15 Marias River.

16 (7) RECLAMATION LAW.—The term ‘‘Reclama17 tion Law’’ has the meaning given the term ‘‘rec18 lamation law’’ in section 4 of the Act of December

19 5, 1924 (43 Stat. 701, chapter 4; 43 U.S.C. 371).

20 (8) ROCKY BOY’S RESERVATION; RESERVA21 TION.—The term ‘‘Rocky Boy’s Reservation’’ or

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

23 of the Chippewa Cree Tribe in Montana.
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1 (9) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior, or his or her duly au3 thorized representative.

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

5 means the reservoir or reservoirs referred to as

6 ‘‘Stoneman Reservoir’’ in the Compact.

7 (11) TRIBAL COMPACT ADMINISTRATION.—The

8 term ‘‘Tribal Compact Administration’’ means the

9 activities assumed by the Tribe for implementation

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

11 Compact.

12 (12) TRIBAL WATER CODE.—The term ‘‘tribal

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

14 Tribe, as provided in the Compact.

15 (13) TRIBAL WATER RIGHT.—

16 (A) IN GENERAL.—The term ‘‘Tribal

17 Water Right’’ means the water right set forth

18 in section 85–20–601 of the Montana Code An19 notated (1997).

20 (B) RULE OF CONSTRUCTION.—The defini21 tion of the term ‘‘Tribal Water Right’’ under

22 this paragraph and the treatment of that right

23 under this Act shall not be construed or inter24 preted as a precedent for the litigation of re25 served water rights or the interpretation or ad-
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1 ministration of future compacts between the

2 United States and the State of Montana or any

3 other State.

4 (14) TRIBE.—The term ‘‘Tribe’’ means the

5 Chippewa Cree Tribe of the Rocky Boy’s Reserva6 tion and all officers, agents, and departments there7 of.

8 (15) WATER DEVELOPMENT.—The term ‘‘water

9 development’’ includes all activities that involve the

10 use of water or modification of water courses or

11 water bodies in any way.

12 SEC. 5. RATIFICATION OF COMPACT AND ENTRY OF DE13 CREE.

14 (a) WATER RIGHTS COMPACT APPROVED.—Except

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

16 does not conflict with this Act—

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

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

19 State of Montana on April 14, 1997, is hereby ap20 proved, ratified, and confirmed; and

21 (2) the Secretary shall—

22 (A) execute and implement the Compact

23 together with any amendments agreed to by the

24 parties or necessary to bring the Compact into

25 conformity with this Act; and
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1 (B) take such other actions as are nec2 essary to implement the Compact.

3 (b) APPROVAL OF DECREE.—

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

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

6 States, the Tribe, or the State of Montana shall pe7 tition the Montana Water Court, individually or

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

9 the United States, the Tribe, and the State of Mon10 tana attached as Appendix 1 to the Compact, or any

11 amended version thereof agreed to by the United

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

13 (2) RESORT TO THE FEDERAL DISTRICT

14 COURT.—Under the circumstances set forth in Arti15 cle VII.B.4 of the Compact, 1 or more parties may

16 file an appropriate motion (as provided in that arti17 cle) in the United States district court of appro18 priate jurisdiction.

19 (3) EFFECT OF FAILURE OF APPROVAL TO BE20 COME FINAL.—In the event the approval by the ap21 propriate court, including any direct appeal, does

22 not become final within 3 years after the filing of

23 the decree, or the decree is approved but is subse24 quently set aside by the appropriate court—
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1 (A) the approval, ratification, and con2 firmation of the Compact by the United States

3 shall be null and void; and

4 (B) except as provided in sections 11(g)(1)

5 and 13(a) and (c)(3), this Act shall be of no

6 further force and effect.

7 SEC. 6. USE AND TRANSFER OF THE TRIBAL WATER RIGHT.

8 (a) ADMINISTRATION AND ENFORCEMENT.—As pro9 vided in the Compact, until the adoption and approval of

10 a tribal water code by the Tribe, the Secretary shall ad11 minister and enforce the Tribal Water Right.

12 (b) TRIBAL MEMBER ENTITLEMENT.—

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

14 Indian reserved water of any tribal member shall be

15 satisfied solely from the water secured to the Tribe

16 by the Compact and shall be governed by the terms

17 and conditions of the Compact.

18 (2) ADMINISTRATION.—An entitlement de19 scribed in paragraph (1) shall be administered by

20 the Tribe pursuant to a tribal water code developed

21 and adopted pursuant to Article IV.A.2 of the Com22 pact, or by the Secretary pending the adoption and

23 approval of the tribal water code.

24 (c) TEMPORARY TRANSFER OF TRIBAL WATER

25 RIGHT.—Notwithstanding any other provision of statutory
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1 or common law, the Tribe may, with the approval of the

2 Secretary and subject to the limitations and conditions set

3 forth in the Compact, including limitation on transfer of

4 any portion of the Tribal Water Right to within the Mis5 souri River Basin, enter into a service contract, lease, ex6 change, or other agreement providing for the temporary

7 delivery, use, or transfer of the water rights confirmed to

8 the Tribe in the Compact, except that no service contract,

9 lease, exchange, or other agreement entered into under

10 this subsection may permanently alienate any portion of

11 the Tribal Water Right.

12 SEC. 7. FEASIBILITY STUDIES AUTHORIZATION.

13 (a) MUNICIPAL, RURAL, AND INDUSTRIAL FEASIBIL14 ITY STUDY.—

15 (1) IN GENERAL.—

16 (A) STUDY.—The Secretary, through the

17 Bureau of Reclamation, shall perform an MR&I

18 feasibility study of water and related resources

19 in North Central Montana to evaluate alter20 natives for a municipal, rural, and industrial

21 supply for the Rocky Boy’s Reservation.

22 (B) USE OF FUNDS MADE AVAILABLE FOR

23 FISCAL YEAR 1999.—The authority under sub24 paragraph (A) shall be deemed to apply to

25 MR&I feasibility study activities for which
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1 funds were made available by appropriations for

2 fiscal year 1999.

3 (2) CONTENTS OF STUDY.—The MR&I feasibil4 ity study shall include the feasibility of releasing the

5 Tribe’s Tiber allocation as provided in section 8 into

6 the Missouri River System for later diversion to a

7 treatment and delivery system for the Rocky Boy’s

8 Reservation.

9 (3) UTILIZATION OF EXISTING STUDIES.—The

10 MR&I feasibility study shall include utilization of ex11 isting Federal and non-Federal studies and shall be

12 planned and conducted in consultation with other

13 Federal agencies, the State of Montana, and the

14 Chippewa Cree Tribe.

15 (b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED

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

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

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

19 participate in any potential off-Reservation water supply

20 system identified in the MR&I feasibility study authorized

21 in subsection (a).

22 (c) REGIONAL FEASIBILITY STUDY.—

23 (1) IN GENERAL.—

24 (A) STUDY.—The Secretary, through the

25 Bureau of Reclamation, shall conduct, pursuant
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1 to Reclamation Law, a regional feasibility study

2 (referred to in this subsection as the ‘‘regional

3 feasibility study’’) to evaluate water and related

4 resources in North-Central Montana in order to

5 determine the limitations of those resources and

6 how those resources can best be managed and

7 developed to serve the needs of the citizens of

8 Montana.

9 (B) USE OF FUNDS MADE AVAILABLE FOR

10 FISCAL YEAR 1999.—The authority under sub11 paragraph (A) shall be deemed to apply to re12 gional feasibility study activities for which

13 funds were made available by appropriations for

14 fiscal year 1999.

15 (2) CONTENTS OF STUDY.—The regional fea16 sibility study shall—

17 (A) evaluate existing and potential water

18 supplies, uses, and management;

19 (B) identify major water-related issues, in20 cluding environmental, water supply, and eco21 nomic issues;

22 (C) evaluate opportunities to resolve the

23 issues referred to in subparagraph (B); and

24 (D) evaluate options for implementation of

25 resolutions to the issues.
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1 (3) REQUIREMENTS.—Because of the regional

2 and international impact of the regional feasibility

3 study, the study may not be segmented. The re4 gional study shall—

5 (A) utilize, to the maximum extent pos6 sible, existing information; and

7 (B) be planned and conducted in consulta8 tion with all affected interests, including inter9 ests in Canada.

10 SEC. 8. TIBER RESERVOIR ALLOCATION.

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

12 (1) IN GENERAL.—The Secretary shall perma13 nently allocate to the Tribe, without cost to the

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

15 from the water right of the Bureau of Reclamation

16 in Lake Elwell, Lower Marias Unit, Upper Missouri

17 Division, Pick-Sloan Missouri Basin Program, Mon18 tana, measured at the outlet works of the dam or at

19 the diversion point from the reservoir. The allocation

20 shall become effective when the decree referred to in

21 section 5(b) has become final in accordance with

22 that section.

23 (2) AGREEMENT.—The Secretary shall enter

24 into an agreement with the Tribe setting forth the

25 terms of the allocation and providing for the Tribe’s
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1 use or temporary transfer of water stored in Lake

2 Elwell, subject to the terms and conditions of the

3 Compact and this Act.

4 (3) PRIOR RESERVED WATER RIGHTS.—The al5 location provided in this section shall be subject to

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

7 tribe, or person claiming water through any Indian

8 tribe.

9 (b) USE AND TEMPORARY TRANSFER OF ALLOCA10 TION.—

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

12 and conditions set forth in the Compact and this

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

14 water allocated by this section to any use, including

15 agricultural, municipal, commercial, industrial, min16 ing, or recreational uses, within or outside the Rocky

17 Boy’s Reservation.

18 (2) CONTRACTS AND AGREEMENTS.—Notwith19 standing any other provision of statutory or common

20 law, the Tribe may, with the approval of the Sec21 retary and subject to the limitations and conditions

22 set forth in the Compact, enter into a service con23 tract, lease, exchange, or other agreement providing

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

25 water allocated by this section, except that no such
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1 service contract, lease, exchange, or other agreement

2 may permanently alienate any portion of the tribal

3 allocation.

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

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

6 and all storage remaining in Lake Elwell after the alloca7 tion made to the Tribe in subsection (a)(1).

8 (d) WATER TRANSPORT OBLIGATION; DEVELOP9 MENT AND DELIVERY COSTS.—The United States shall

10 have no responsibility or obligation to provide any facility

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

12 the Rocky Boy’s Reservation or to any other location. Ex13 cept for the contribution set forth in section 11(c)(3), the

14 cost of developing and delivering the water allocated by

15 this section or any other supplemental water to the Rocky

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

17 (e) ACT NOT PRECEDENTIAL.—The provisions of

18 this section regarding the allocation of water resources

19 from the Tiber Reservoir to the Tribe shall not be con20 strued as precedent in the litigation or settlement of any

21 other Indian water right claims.

22 SEC. 9. ON-RESERVATION WATER RESOURCES DEVELOP23 MENT.

24 (a) WATER DEVELOPMENT PROJECTS.—The Sec25 retary, through the Bureau of Reclamation, is authorized
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1 and directed to plan, design, and construct, or to provide,

2 pursuant to subsection (b), for the planning, design, and

3 construction of the following water development projects

4 on the Rocky Boy’s Reservation:

5 (1) Bonneau Dam and Reservoir Enlargement.

6 (2) East Fork of Beaver Creek Dam Repair

7 and Enlargement.

8 (3) Brown’s Dam Enlargement.

9 (4) Towe Ponds’ Enlargement.

10 (5) Such other water development projects as

11 the Tribe shall from time to time consider appro12 priate.

13 (b) IMPLEMENTATION AGREEMENT.—The Secretary,

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

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

16 the Tribe to implement the provisions of this Act through

17 the Tribe’s annual funding agreement entered into under

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

19 Self-Determination and Education Assistance Act (25

20 U.S.C. 458aa et seq.) by which the Tribe shall plan, de21 sign, and construct any or all of the projects authorized

22 by this section.

23 (c) BUREAU OF RECLAMATION PROJECT ADMINIS24 TRATION.—
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1 (1) IN GENERAL.—Congress finds that the Sec2 retary, through the Bureau of Reclamation, has en3 tered into an agreement with the Tribe, pursuant to

4 title IV of the Indian Self-Determination and Edu5 cation Assistance Act (25 U.S.C. 458aa et seq.)—

6 (A) defining and limiting the role of the

7 Bureau of Reclamation in its administration of

8 the projects authorized in subsection (a);

9 (B) establishing the standards upon which

10 the projects will be constructed; and

11 (C) for other purposes necessary to imple12 ment this section.

13 (2) AGREEMENT.—The agreement referred to

14 in paragraph (1) shall become effective when the

15 Tribe exercises its right under subsection (b).

16 SEC. 10. CHIPPEWA CREE INDIAN RESERVED WATER

17 RIGHTS SETTLEMENT TRUST FUND.

18 (a) ESTABLISHMENT OF TRUST FUND.—

19 (1) IN GENERAL.—

20 (A) ESTABLISHMENT.—There is hereby es21 tablished in the Treasury of the United States

22 a trust fund for the Chippewa Cree Tribe of the

23 Rocky Boy’s Reservation to be known as the

24 ‘‘Chippewa Cree Indian Reserved Water Rights

25 Settlement Trust Fund’’.
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1 (B) AVAILABILITY OF AMOUNTS IN

2 FUND.—

3 (i) IN GENERAL.—Amounts in the

4 Fund shall be available to the Secretary

5 for management and investment on behalf

6 of the Tribe and distribution to the Tribe

7 in accordance with this Act.

8 (ii) AVAILABILITY.—Funds made

9 available from the Fund under this section

10 shall be available without fiscal year limita11 tion.

12 (2) MANAGEMENT OF FUND.—The Secretary

13 shall deposit and manage the principal and interest

14 in the Fund in a manner consistent with subsection

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

16 (3) CONTENTS OF FUND.—The Fund shall con17 sist of the amounts authorized to be appropriated to

18 the Fund under section 11(c) and such other

19 amounts as may be transferred or credited to the

20 Fund.

21 (4) WITHDRAWAL.—The Tribe, with the ap22 proval of the Secretary, may withdraw the Fund and

23 deposit it in a mutually agreed upon private finan24 cial institution. That withdrawal shall be made pur-
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1 suant to the American Indian Trust Fund Manage2 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.).

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

4 shall establish the following accounts in the Fund

5 and shall allocate appropriations to the various ac6 counts as required in this Act:

7 (A) The Tribal Compact Administration

8 Account.

9 (B) The Economic Development Account.

10 (C) The Future Water Supply Facilities

11 Account.

12 (b) FUND MANAGEMENT.—

13 (1) IN GENERAL.—

14 (A) AMOUNTS IN FUND.—The Fund shall

15 consist of such amounts as are appropriated to

16 the Fund and allocated to the accounts of the

17 Fund by the Secretary as provided in this Act

18 and in accordance with the authorizations for

19 appropriations in paragraphs (1), (2), and (3)

20 of section 11(c), together with all interest that

21 accrues in the Fund.

22 (B) MANAGEMENT BY SECRETARY.—The

23 Secretary shall manage the Fund, make invest24 ments from the Fund, and make available funds

25 from the Fund for distribution to the Tribe in
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1 a manner consistent with the American Indian

2 Trust Fund Management Reform Act of 1994

3 (25 U.S.C. 4001 et seq.).

4 (2) TRIBAL MANAGEMENT.—

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

6 its right pursuant to subsection (a)(4) to with7 draw the Fund and deposit it in a private fi8 nancial institution, except as provided in the

9 withdrawal plan, neither the Secretary nor the

10 Secretary of the Treasury shall retain any over11 sight over the accounting, disbursement, or in12 vestment of the funds.

13 (B) WITHDRAWAL PLAN.—The withdrawal

14 plan shall provide for—

15 (i) the creation of accounts and allo16 cation to accounts in a fund established

17 under the plan in a manner consistent with

18 subsection (a); and

19 (ii) the appropriate terms and condi20 tions, if any, on expenditures from the

21 fund (in addition to the requirements of

22 the plans set forth in paragraphs (2) and

23 (3) of subsection (c)).
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1 (c) USE OF FUND.—The Tribe shall use the Fund

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

3 restrictions on expenditures:

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

5 expenditures in connection with Tribal Compact Ad6 ministration, only interest accrued on the Tribal

7 Compact Administration Account referred to in sub8 section (a)(5)(A) shall be available to satisfy the

9 Tribe’s obligations for Tribal Compact Administra10 tion under the provisions of the Compact.

11 (2) Both principal and accrued interest on the

12 Economic Development Account referred to in sub13 section (a)(5)(B) shall be available to the Tribe for

14 expenditure pursuant to an economic development

15 plan approved by the Secretary.

16 (3) Both principal and accrued interest on the

17 Future Water Supply Facilities Account referred to

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

19 Tribe for expenditure pursuant to a water supply

20 plan approved by the Secretary.

21 (d) INVESTMENT OF FUND.—

22 (1) IN GENERAL.—

23 (A) APPLICABLE LAWS.—The Secretary

24 shall invest amounts in the Fund in accordance

25 with—
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1 (i) the Act of April 1, 1880 (21 Stat.

2 70, chapter 41; 25 U.S.C. 161);

3 (ii) the first section of the Act entitled

4 ‘‘An Act to authorize the payment of inter5 est of certain funds held in trust by the

6 United States for Indian tribes’’, approved

7 February 12, 1929 (25 U.S.C. 161a); and

8 (iii) the first section of the Act enti9 tled ‘‘An Act to authorize the deposit and

10 investment of Indian funds’’, approved

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

12 (B) CREDITING OF AMOUNTS TO THE

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

14 the sale or redemption of, any obligations of the

15 United States held in the Fund shall be cred16 ited to and form part of the Fund. The Sec17 retary of the Treasury shall credit to each of

18 the accounts contained in the Fund a propor19 tionate amount of that interest and proceeds.

20 (2) CERTAIN WITHDRAWN FUNDS.—

21 (A) IN GENERAL.—Amounts withdrawn

22 from the Fund and deposited in a private finan23 cial institution pursuant to a withdrawal plan

24 approved by the Secretary under the American

25 Indian Trust Fund Management Reform Act of
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1 1994 (25 U.S.C. 4001 et seq.) shall be invested

2 by an appropriate official under that plan.

3 (B) DEPOSIT OF INTEREST AND PRO4 CEEDS.—The interest on, and the proceeds

5 from the sale or redemption of, any obligations

6 held under this paragraph shall be deposited in

7 the private financial institution referred to in

8 subparagraph (A) in the fund established pur9 suant to the withdrawal plan referred to in that

10 subparagraph. The appropriate official shall

11 credit to each of the accounts contained in that

12 fund a proportionate amount of that interest

13 and proceeds.

14 (e) AGREEMENT REGARDING FUND EXPENDI15 TURES.—If the Tribe does not exercise its right under

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

17 transfer those funds to a private financial institution, the

18 Secretary shall enter into an agreement with the Tribe

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

20 expenditures from the Fund in addition to the plans set

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

22 (f) PER CAPITA DISTRIBUTIONS PROHIBITED.—No

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

24 to members of the Tribe.
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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

3 amounts made available by appropriations for fiscal year

4 1999 for the Bureau of Reclamation, $1,000,000 shall be

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

6 study under section 7(a) and the regional study under sec7 tion 7(c), of which—

8 (1) $500,000 shall be used for the MR&I study

9 under section 7(a); and

10 (2) $500,000 shall be used for the regional

11 study under section 7(c).

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

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

14 Bureau of Reclamation, for the purpose of conducting the

15 MR&I feasibility study under section 7(a) and the regional

16 study under section 7(c), $3,000,000 for fiscal year 2000,

17 of which—

18 (1) $500,000 shall be used for the MR&I fea19 sibility study under section 7(a); and

20 (2) $2,500,000 shall be used for the regional

21 study under section 7(c).

22 (c) CHIPPEWA CREE FUND.—There is authorized to

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

24 by the Secretary as follows:

25 (1) TRIBAL COMPACT ADMINISTRATION AC26 COUNT.—For Tribal Compact Administration as-
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1 sumed by the Tribe under the Compact and this Act,

2 $3,000,000 is authorized to be appropriated for fis3 cal year 2000.

4 (2) ECONOMIC DEVELOPMENT ACCOUNT.—For

5 tribal economic development, $3,000,000 is author6 ized to be appropriated for fiscal year 2000.

7 (3) FUTURE WATER SUPPLY FACILITIES AC8 COUNT.—For the total Federal contribution to the

9 planning, design, construction, operation, mainte10 nance, and rehabilitation of a future water supply

11 system for the Reservation, there are authorized to

12 be appropriated—

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

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

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

16 (d) ON-RESERVATION WATER DEVELOPMENT.—

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

18 appropriated to the Department of the Interior, for

19 the Bureau of Reclamation, for the construction of

20 the on-Reservation water development projects au21 thorized by section 9—

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

23 the planning, design, and construction of the

24 Bonneau Dam Enlargement, for the develop25 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 9(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 (e) 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 (d) 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 (f) 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 (c) 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 10(d).

3 (3) AVAILABILITY OF CERTAIN MONEYS.—The

4 amounts made available for use under subsection (a)

5 shall be deemed to have been available for use as of

6 the date on which those funds were appropriated.

7 The amounts authorized to be appropriated in sub8 sections (b) and (c)(1) shall be available for use im9 mediately upon appropriation.

10 (4) LIMITATION.—Those moneys allocated by

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

12 established under section 10(a)(4) shall draw inter13 est consistent with section 10(d), but the moneys au14 thorized to be appropriated under subsection (d) and

15 paragraphs (2) and (3) of subsection (c) shall not be

16 available for expenditure until the requirements of

17 section 5(b) have been met so that the decree has

18 become final and the Tribe has executed the waiver

19 and release required under section 13(c).

20 (g) RETURN OF FUNDS TO THE TREASURY.—

21 (1) IN GENERAL.—In the event that the ap22 proval, ratification, and confirmation of the Compact

23 by the United States becomes null and void under

24 section 5(b), all unexpended funds appropriated

25 under the authority of this Act together with all in-
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1 terest earned on such funds, notwithstanding wheth2 er the funds are held by the Tribe, a private institu3 tion, or the Secretary, shall revert to the general

4 fund of the Treasury 12 months after the expiration

5 of the deadline established in section 5(b).

6 (2) INCLUSION IN AGREEMENTS AND PLAN.—

7 The requirements in paragraph (1) shall be included

8 in all annual funding agreements entered into under

9 the self-governance program under title IV of the In10 dian Self-Determination and Education Assistance

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

12 withdrawal agreements, or any other agreements for

13 withdrawal or transfer of the funds to the Tribe or

14 a private financial institution under this Act.

15 (h) WITHOUT FISCAL YEAR LIMITATION.—All money

16 appropriated pursuant to authorizations under this Act

17 shall be available without fiscal year limitation.

18 SEC. 12. STATE CONTRIBUTIONS TO SETTLEMENT.

19 Consistent with Articles VI.C.2 and C.3 of the Com20 pact, the State contribution to settlement shall be as fol21 lows:

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

23 by Montana House Bill 6 of the 55th Legislative

24 Session (1997) shall be used for the following pur25 poses:
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1 (A) Water quality discharge monitoring

2 wells and monitoring program.

3 (B) A diversion structure on Big Sandy

4 Creek.

5 (C) A conveyance structure on Box Elder

6 Creek.

7 (D) The purchase of contract water from

8 Lower Beaver Creek Reservoir.

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

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

11 administration required by the Compact and for

12 water quality sampling required by the Compact.

13 SEC. 13. MISCELLANEOUS PROVISIONS.

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

15 to Tribal Resolution No. 40–98, and in exchange for bene16 fits under this Act, the Tribe shall not exercise the rights

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

18 in the event that the approval, ratification, and confirma19 tion of the Compact by the United States becomes null

20 and void under section 5(b), the Tribe shall have the right

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

22 Compact.

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

24 the extent provided in subsections (a), (b), and (c) of sec25 tion 208 of the Department of Justice Appropriation Act,
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1 1953 (43 U.S.C. 666), nothing in this Act may be con2 strued to waive the sovereign immunity of the United

3 States.

4 (c) TRIBAL RELEASE OF CLAIMS AGAINST THE

5 UNITED STATES.—

6 (1) IN GENERAL.—Pursuant to Tribal Resolu7 tion No. 40–98, and in exchange for benefits under

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

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

10 claims described in paragraph (2) against the United

11 States, the validity of which are not recognized by

12 the United States, except that—

13 (A) the waiver and release of claims shall

14 not become effective until the appropriation of

15 the funds authorized in section 11 has been

16 completed and the decree has become final in

17 accordance with the requirements of section

18 5(b); and

19 (B) in the event that the approval, ratifica20 tion, and confirmation of the Compact by the

21 United States becomes null and void under sec22 tion 5(b), the waiver and release of claims shall

23 become null and void.

24 (2) CLAIMS DESCRIBED.—The claims referred

25 to in paragraph (1) are as follows:
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1 (A) Any and all claims to water rights (in2 cluding water rights in surface water, ground

3 water, and effluent), claims for injuries to

4 water rights, claims for loss or deprivation of

5 use of water rights, and claims for failure to ac6 quire or develop water rights for lands of the

7 Tribe from time immemorial to the date of rati8 fication of the Compact by Congress.

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

10 negotiation of the Compact and the settlement

11 authorized by this Act.

12 (3) SETOFFS.—In the event the waiver and re13 lease do not become effective as set forth in para14 graph (1)—

15 (A) the United States shall be entitled to

16 setoff against any claim for damages asserted

17 by the Tribe against the United States, any

18 funds transferred to the Tribe pursuant to sec19 tion 11, and any interest accrued thereon up to

20 the date of setoff; and

21 (B) the United States shall retain any

22 other claims or defenses not waived in this Act

23 or in the Compact as modified by this Act.

24 (d) OTHER TRIBES NOT ADVERSELY AFFECTED.—

25 Nothing in this Act is intended to quantify or otherwise
34

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1 adversely affect the land and water rights, or claims or

2 entitlements to land or water of an Indian tribe other than

3 the Chippewa Cree Tribe.

4 (e) ENVIRONMENTAL COMPLIANCE.—In implement5 ing the Compact, the Secretary shall comply with all as6 pects of the National Environmental Policy Act of 1969

7 (42 U.S.C. 4321 et seq.), the Endangered Species Act of

8 1973 (16 U.S.C. 1531 et seq.), and all other applicable

9 environmental Acts and regulations.

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

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

12 not constitute a major Federal action under the National

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

14 Secretary is directed to carry out all necessary environ15 mental compliance required by Federal law in implement16 ing the Compact.

17 (g) CONGRESSIONAL INTENT.—Nothing in this Act

18 is intended to—

19 (1) alter the trust responsibility of the United

20 States to the Tribe; or

21 (2) prohibit the Tribe from seeking additional

22 authorization or appropriation of funds for tribal

23 programs or purposes.

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

25 shall be construed or interpreted as a precedent for the
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1 litigation of reserved water rights or the interpretation or

2 administration of future water settlement Acts.

Æ