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

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

Resources

MAY 27, 1999

Committee discharged; referred to the Committee on Indian Affairs with instructions that at such time as the Committee on Indian Affairs reports

the measure, it be referred to the Committee on Energy and Natural Resources for a period not to exceed 60 calendar days and that if the Committee on Energy and Natural Resources has not reported the measure

prior to the expiration of the 60 calendar day period, the Energy Committee be discharged from further consideration of the measure and that

the measure be then placed on the calender

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,
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1 SECTION 1. SHORT TITLE.

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

3 of the Rocky Boy’s Reservation Indian Reserved Water

4 Rights Settlement Act of 1999’’.

5 SEC. 2. FINDINGS.

6 Congress finds that—

7 (1) in fulfillment of its trust responsibility to

8 Indian tribes and to promote tribal sovereignty and

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

10 United States to settle the water rights claims of the

11 tribes without lengthy and costly litigation;

12 (2) the Rocky Boy’s Reservation was estab13 lished as a homeland for the Chippewa Cree Tribe;

14 (3) adequate water for the Chippewa Cree

15 Tribe of the Rocky Boy’s Reservation is important

16 to a permanent, sustainable, and sovereign homeland

17 for the Tribe and its members;

18 (4) the sovereignty of the Chippewa Cree Tribe

19 and the economy of the Reservation depend on the

20 development of the water resources of the Reserva21 tion;

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

23 the facilities needed to utilize water supplies effec24 tively are necessary to the development of a viable

25 Reservation economy and to implementation of the

26 Chippewa Cree-Montana Water Rights Compact;
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1 (6) the Rocky Boy’s Reservation is located in a

2 water-short area of Montana and the Compact con3 templates the development of additional water sup4 plies, including importation of domestic water, to

5 meet the needs of the Chippewa Cree Tribe;

6 (7) proceedings to determine the full extent of

7 the water rights of the Chippewa Cree Tribe are cur8 rently pending before the Montana Water Court as

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

10 Rights to the Use of Water, Both Surface and Un11 derground, within the State of Montana;

12 (8) recognizing that final resolution of the gen13 eral stream adjudication will take many years and

14 entail great expense to all parties, prolong uncer15 tainty as to the availability of water supplies, and

16 seriously impair the long-term economic planning

17 and development of all parties, the Chippewa Cree

18 Tribe and the State of Montana entered into the

19 Compact on April 14, 1997; and

20 (9) the allocation of water resources from the

21 Tiber Reservoir to the Chippewa Cree Tribe under

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

23 and economic characteristics of the area and situa24 tion involved.
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1 SEC. 3. PURPOSES.

2 The purposes of this Act are as follows:

3 (1) To achieve a fair, equitable, and final settle4 ment of all claims to water rights in the State of

5 Montana for—

6 (A) the Chippewa Cree Tribe; and

7 (B) the United States for the benefit of

8 the Chippewa Cree Tribe.

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

10 in this Act, the Chippewa Cree-Montana Water

11 Rights Compact entered into by the Chippewa Cree

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

13 of Montana on April 14, 1997, and to provide fund14 ing and other authorization necessary for the imple15 mentation of the Compact.

16 (3) To authorize the Secretary of the Interior

17 to execute and implement the Compact referred to in

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

19 necessary to implement the Compact in a manner

20 consistent with this Act.

21 (4) To authorize Federal feasibility studies de22 signed to identify and analyze potential mechanisms

23 to enhance, through conservation or otherwise, water

24 supplies in North Central Montana, including mech25 anisms to import domestic water supplies for the fu26 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 implement the Com8 pact.

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) COMPACT.—The term ‘‘Compact’’ means

14 the water rights compact between the Chippewa

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

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

17 the Montana Code Annotated (1997).

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

19 approval of the decree in section 5(b) means comple20 tion of any direct appeal to the Montana Supreme

21 Court of a final decree by the Water Court pursuant

22 to section 85–2–235 of the Montana Code Anno23 tated (1997), or to the Federal Court of Appeals, in24 cluding the expiration of the time in which a petition

25 for certiorari may be filed in the United States Su-
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1 preme Court, denial of such a petition, or the

2 issuance of the Supreme Court’s mandate, whichever

3 occurs last.

4 (3) FUND.—The term ‘‘Fund’’ means the Chip5 pewa Cree Indian Reserved Water Rights Settlement

6 Fund established under section 10.

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

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

9 of the Federally Recognized Indian Tribe List Act of

10 1994 (25 U.S.C. 479a(2)).

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

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

13 and industrial, domestic, and incidental drought re14 lief feasibility study described in section 7.

15 (6) MISSOURI RIVER SYSTEM.—The term ‘‘Mis16 souri River System’’ means the mainstem of the

17 Missouri River and its tributaries, including the

18 Marias River.

19 (7) RECLAMATION LAW.—The term ‘‘Reclama20 tion Law’’ has the meaning given the term ‘‘rec21 lamation law’’ in section 4 of the Act of December

22 5, 1924 (43 Stat. 701, chapter 4; 43 U.S.C. 371).

23 (8) ROCKY BOY’S RESERVATION; RESERVA24 TION.—The term ‘‘Rocky Boy’s Reservation’’ or
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1 ‘‘Reservation’’ means the Rocky Boy’s Reservation

2 of the Chippewa Cree Tribe in Montana.

3 (9) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior, or his or her duly au5 thorized representative.

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

7 means the reservoir or reservoirs referred to as

8 ‘‘Stoneman Reservoir’’ in the Compact.

9 (11) TRIBAL COMPACT ADMINISTRATION.—The

10 term ‘‘Tribal Compact Administration’’ means the

11 activities assumed by the Tribe for implementation

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

13 Compact.

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

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

16 Tribe, as provided in the Compact.

17 (13) TRIBAL WATER RIGHT.—

18 (A) IN GENERAL.—The term ‘‘Tribal

19 Water Right’’ means the water right set forth

20 in section 85–20–601 of the Montana Code An21 notated (1997).

22 (B) RULE OF CONSTRUCTION.—The defini23 tion of the term ‘‘Tribal Water Right’’ under

24 this paragraph and the treatment of that right

25 under this Act shall not be construed or inter-
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1 preted as a precedent for the litigation of re2 served water rights or the interpretation or ad3 ministration of future compacts between the

4 United States and the State of Montana or any

5 other State.

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

7 Chippewa Cree Tribe of the Rocky Boy’s Reserva8 tion and all officers, agents, and departments there9 of.

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

11 development’’ includes all activities that involve the

12 use of water or modification of water courses or

13 water bodies in any way.

14 SEC. 5. RATIFICATION OF COMPACT AND ENTRY OF DE15 CREE.

16 (a) WATER RIGHTS COMPACT APPROVED.—Except

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

18 does not conflict with this Act—

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

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

21 State of Montana on April 14, 1997, is hereby ap22 proved, ratified, and confirmed; and

23 (2) the Secretary shall—

24 (A) execute and implement the Compact

25 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 sections 11(g)(1)

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

8 further force and effect.

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

10 (a) ADMINISTRATION AND ENFORCEMENT.—As pro11 vided in the Compact, until the adoption and approval of

12 a tribal water code by the Tribe, the Secretary shall ad13 minister and enforce the Tribal Water Right.

14 (b) TRIBAL MEMBER ENTITLEMENT.—

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

16 Indian reserved water of any tribal member shall be

17 satisfied solely from the water secured to the Tribe

18 by the Compact and shall be governed by the terms

19 and conditions of the Compact.

20 (2) ADMINISTRATION.—An entitlement de21 scribed in paragraph (1) shall be administered by

22 the Tribe pursuant to a tribal water code developed

23 and adopted pursuant to Article IV.A.2 of the Com24 pact, or by the Secretary pending the adoption and

25 approval of the tribal water code.
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1 (c) TEMPORARY TRANSFER OF TRIBAL WATER

2 RIGHT.—Notwithstanding any other provision of statutory

3 or common law, the Tribe may, with the approval of the

4 Secretary and subject to the limitations and conditions set

5 forth in the Compact, including limitation on transfer of

6 any portion of the Tribal Water Right to within the Mis7 souri River Basin, enter into a service contract, lease, ex8 change, or other agreement providing for the temporary

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

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

11 lease, exchange, or other agreement entered into under

12 this subsection may permanently alienate any portion of

13 the Tribal Water Right.

14 SEC. 7. FEASIBILITY STUDIES AUTHORIZATION.

15 (a) MUNICIPAL, RURAL, AND INDUSTRIAL FEASI16 BILITY STUDY.—

17 (1) IN GENERAL.—

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

19 Bureau of Reclamation, shall perform an MR&I

20 feasibility study of water and related resources

21 in North Central Montana to evaluate alter22 natives for a municipal, rural, and industrial

23 supply for the Rocky Boy’s Reservation.

24 (B) USE OF FUNDS MADE AVAILABLE FOR

25 FISCAL YEAR 1999.—The authority under sub-
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1 paragraph (A) shall be deemed to apply to

2 MR&I feasibility study activities for which

3 funds were made available by appropriations for

4 fiscal year 1999.

5 (2) CONTENTS OF STUDY.—The MR&I feasi6 bility study shall include the feasibility of releasing

7 the Tribe’s Tiber allocation as provided in section 8

8 into the Missouri River System for later diversion to

9 a treatment and delivery system for the Rocky Boy’s

10 Reservation.

11 (3) UTILIZATION OF EXISTING STUDIES.—The

12 MR&I feasibility study shall include utilization of ex13 isting Federal and non-Federal studies and shall be

14 planned and conducted in consultation with other

15 Federal agencies, the State of Montana, and the

16 Chippewa Cree Tribe.

17 (b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED

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

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

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

21 participate in any potential off-Reservation water supply

22 system identified in the MR&I feasibility study authorized

23 in subsection (a).

24 (c) REGIONAL FEASIBILITY STUDY.—

25 (1) IN GENERAL.—
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1 (A) STUDY.—The Secretary, through the

2 Bureau of Reclamation, shall conduct, pursuant

3 to Reclamation Law, a regional feasibility study

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

5 feasibility study’’) to evaluate water and related

6 resources in North-Central Montana in order to

7 determine the limitations of those resources and

8 how those resources can best be managed and

9 developed to serve the needs of the citizens of

10 Montana.

11 (B) USE OF FUNDS MADE AVAILABLE FOR

12 FISCAL YEAR 1999.—The authority under sub13 paragraph (A) shall be deemed to apply to re14 gional feasibility study activities for which

15 funds were made available by appropriations for

16 fiscal year 1999.

17 (2) CONTENTS OF STUDY.—The regional feasi18 bility study shall—

19 (A) evaluate existing and potential water

20 supplies, uses, and management;

21 (B) identify major water-related issues, in22 cluding environmental, water supply, and eco23 nomic issues;

24 (C) evaluate opportunities to resolve the

25 issues referred to in subparagraph (B); and
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1 (D) evaluate options for implementation of

2 resolutions to the issues.

3 (3) REQUIREMENTS.—Because of the regional

4 and international impact of the regional feasibility

5 study, the study may not be segmented. The re6 gional study shall—

7 (A) utilize, to the maximum extent pos8 sible, existing information; and

9 (B) be planned and conducted in consulta10 tion with all affected interests, including inter11 ests in Canada.

12 SEC. 8. TIBER RESERVOIR ALLOCATION.

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

14 (1) IN GENERAL.—The Secretary shall perma15 nently allocate to the Tribe, without cost to the

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

17 from the water right of the Bureau of Reclamation

18 in Lake Elwell, Lower Marias Unit, Upper Missouri

19 Division, Pick-Sloan Missouri Basin Program, Mon20 tana, measured at the outlet works of the dam or at

21 the diversion point from the reservoir. The allocation

22 shall become effective when the decree referred to in

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

24 that section.
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1 (2) AGREEMENT.—The Secretary shall enter

2 into an agreement with the Tribe setting forth the

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

4 use or temporary transfer of water stored in Lake

5 Elwell, subject to the terms and conditions of the

6 Compact and this Act.

7 (3) PRIOR RESERVED WATER RIGHTS.—The al8 location provided in this section shall be subject to

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

10 tribe, or person claiming water through any Indian

11 tribe.

12 (b) USE AND TEMPORARY TRANSFER OF ALLOCA13 TION.—

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

15 and conditions set forth in the Compact and this

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

17 water allocated by this section to any use, including

18 agricultural, municipal, commercial, industrial, min19 ing, or recreational uses, within or outside the Rocky

20 Boy’s Reservation.

21 (2) CONTRACTS AND AGREEMENTS.—Notwith22 standing any other provision of statutory or common

23 law, the Tribe may, with the approval of the Sec24 retary and subject to the limitations and conditions

25 set forth in the Compact, enter into a service con-
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1 tract, lease, exchange, or other agreement providing

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

3 water allocated by this section, except that no such

4 service contract, lease, exchange, or other agreement

5 may permanently alienate any portion of the tribal

6 allocation.

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

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

9 and all storage remaining in Lake Elwell after the alloca10 tion made to the Tribe in subsection (a)(1).

11 (d) WATER TRANSPORT OBLIGATION; DEVELOP12 MENT AND DELIVERY COSTS.—The United States shall

13 have no responsibility or obligation to provide any facility

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

15 the Rocky Boy’s Reservation or to any other location. Ex16 cept for the contribution set forth in section 11(c)(3), the

17 cost of developing and delivering the water allocated by

18 this section or any other supplemental water to the Rocky

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

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

21 this section regarding the allocation of water resources

22 from the Tiber Reservoir to the Tribe shall not be con23 strued as precedent in the litigation or settlement of any

24 other Indian water right claims.
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1 SEC. 9. ON-RESERVATION WATER RESOURCES DEVELOP2 MENT.

3 (a) WATER DEVELOPMENT PROJECTS.—The Sec4 retary, through the Bureau of Reclamation, is authorized

5 and directed to plan, design, and construct, or to provide,

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

7 construction of the following water development projects

8 on the Rocky Boy’s Reservation:

9 (1) Bonneau Dam and Reservoir Enlargement.

10 (2) East Fork of Beaver Creek Dam Repair

11 and Enlargement.

12 (3) Brown’s Dam Enlargement.

13 (4) Towe Ponds’ Enlargement.

14 (5) Such other water development projects as

15 the Tribe shall from time to time consider appro16 priate.

17 (b) IMPLEMENTATION AGREEMENT.—The Secretary,

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

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

20 the Tribe to implement the provisions of this Act through

21 the Tribe’s annual funding agreement entered into under

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

23 Self-Determination and Education Assistance Act (25

24 U.S.C. 458aa et seq.) by which the Tribe shall plan, de25 sign, and construct any or all of the projects authorized

26 by this section.
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1 (c) BUREAU OF RECLAMATION PROJECT ADMINIS2 TRATION.—

3 (1) IN GENERAL.—Congress finds that the Sec4 retary, through the Bureau of Reclamation, has en5 tered into an agreement with the Tribe, pursuant to

6 title IV of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 458aa et seq.)—

8 (A) defining and limiting the role of the

9 Bureau of Reclamation in its administration of

10 the projects authorized in subsection (a);

11 (B) establishing the standards upon which

12 the projects will be constructed; and

13 (C) for other purposes necessary to imple14 ment this section.

15 (2) AGREEMENT.—The agreement referred to

16 in paragraph (1) shall become effective when the

17 Tribe exercises its right under subsection (b).

18 SEC. 10. CHIPPEWA CREE INDIAN RESERVED WATER

19 RIGHTS SETTLEMENT TRUST FUND.

20 (a) ESTABLISHMENT OF TRUST FUND.—

21 (1) IN GENERAL.—

22 (A) ESTABLISHMENT.—There is hereby es23 tablished in the Treasury of the United States

24 a trust fund for the Chippewa Cree Tribe of the

25 Rocky Boy’s Reservation to be known as the
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1 ‘‘Chippewa Cree Indian Reserved Water Rights

2 Settlement Trust Fund’’.

3 (B) AVAILABILITY OF AMOUNTS IN

4 FUND.—

5 (i) IN GENERAL.—Amounts in the

6 Fund shall be available to the Secretary

7 for management and investment on behalf

8 of the Tribe and distribution to the Tribe

9 in accordance with this Act.

10 (ii) AVAILABILITY.—Funds made

11 available from the Fund under this section

12 shall be available without fiscal year limita13 tion.

14 (2) MANAGEMENT OF FUND.—The Secretary

15 shall deposit and manage the principal and interest

16 in the Fund in a manner consistent with subsection

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

18 (3) CONTENTS OF FUND.—The Fund shall con19 sist of the amounts authorized to be appropriated to

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

21 amounts as may be transferred or credited to the

22 Fund.

23 (4) WITHDRAWAL.—The Tribe, with the ap24 proval of the Secretary, may withdraw the Fund and

25 deposit it in a mutually agreed upon private finan-
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1 cial institution. That withdrawal shall be made pur2 suant to the American Indian Trust Fund Manage3 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.).

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

5 shall establish the following accounts in the Fund

6 and shall allocate appropriations to the various ac7 counts as required in this Act:

8 (A) The Tribal Compact Administration

9 Account.

10 (B) The Economic Development Account.

11 (C) The Future Water Supply Facilities

12 Account.

13 (b) FUND MANAGEMENT.—

14 (1) IN GENERAL.—

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

16 consist of such amounts as are appropriated to

17 the Fund and allocated to the accounts of the

18 Fund by the Secretary as provided in this Act

19 and in accordance with the authorizations for

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

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

22 accrues in the Fund.

23 (B) MANAGEMENT BY SECRETARY.—The

24 Secretary shall manage the Fund, make invest25 ments from the Fund, and make available funds
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1 from the Fund for distribution to the Tribe in

2 a manner consistent with the American Indian

3 Trust Fund Management Reform Act of 1994

4 (25 U.S.C. 4001 et seq.).

5 (2) TRIBAL MANAGEMENT.—

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

7 its right pursuant to subsection (a)(4) to with8 draw the Fund and deposit it in a private fi9 nancial institution, except as provided in the

10 withdrawal plan, neither the Secretary nor the

11 Secretary of the Treasury shall retain any over12 sight over the accounting, disbursement, or in13 vestment of the funds.

14 (B) WITHDRAWAL PLAN.—The withdrawal

15 plan shall provide for—

16 (i) the creation of accounts and allo17 cation to accounts in a fund established

18 under the plan in a manner consistent with

19 subsection (a); and

20 (ii) the appropriate terms and condi21 tions, if any, on expenditures from the

22 fund (in addition to the requirements of

23 the plans set forth in paragraphs (2) and

24 (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 feasi19 bility 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 imple5 menting the Compact, the Secretary shall comply with all

6 aspects 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 imple16 menting 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
35

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1 litigation of reserved water rights or the interpretation or

2 administration of future water settlement Acts.

Æ