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

JULY 22, 1999

Reported by Mr. CAMPBELL, without amendment

JULY 22, 1999

Referred to the Committee on Energy and Natural Resources for a period not

to exceed 60 calendar days

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.
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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—

9 (1) in fulfillment of its trust responsibility to

10 Indian tribes and to promote tribal sovereignty and

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

12 United States to settle the water rights claims of the

13 tribes without lengthy and costly litigation;

14 (2) the Rocky Boy’s Reservation was estab15 lished as a homeland for the Chippewa Cree Tribe;

16 (3) adequate water for the Chippewa Cree

17 Tribe of the Rocky Boy’s Reservation is important

18 to a permanent, sustainable, and sovereign homeland

19 for the Tribe and its members;

20 (4) the sovereignty of the Chippewa Cree Tribe

21 and the economy of the Reservation depend on the

22 development of the water resources of the Reserva23 tion;

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

25 the facilities needed to utilize water supplies effec-
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1 tively are necessary to the development of a viable

2 Reservation economy and to implementation of the

3 Chippewa Cree-Montana Water Rights Compact;

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

5 water-short area of Montana and the Compact con6 templates the development of additional water sup7 plies, including importation of domestic water, to

8 meet the needs of the Chippewa Cree Tribe;

9 (7) proceedings to determine the full extent of

10 the water rights of the Chippewa Cree Tribe are cur11 rently pending before the Montana Water Court as

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

13 Rights to the Use of Water, Both Surface and Un14 derground, within the State of Montana;

15 (8) recognizing that final resolution of the gen16 eral stream adjudication will take many years and

17 entail great expense to all parties, prolong uncer18 tainty as to the availability of water supplies, and

19 seriously impair the long-term economic planning

20 and development of all parties, the Chippewa Cree

21 Tribe and the State of Montana entered into the

22 Compact on April 14, 1997; and

23 (9) the allocation of water resources from the

24 Tiber Reservoir to the Chippewa Cree Tribe under

25 this Act is uniquely suited to the geographic, social,
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1 and economic characteristics of the area and situa2 tion involved.

3 SEC. 3. PURPOSES.

4 The purposes of this Act are as follows:

5 (1) To achieve a fair, equitable, and final settle6 ment of all claims to water rights in the State of

7 Montana for—

8 (A) the Chippewa Cree Tribe; and

9 (B) the United States for the benefit of

10 the Chippewa Cree Tribe.

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

12 in this Act, the Chippewa Cree-Montana Water

13 Rights Compact entered into by the Chippewa Cree

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

15 of Montana on April 14, 1997, and to provide fund16 ing and other authorization necessary for the imple17 mentation of the Compact.

18 (3) To authorize the Secretary of the Interior

19 to execute and implement the Compact referred to in

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

21 necessary to implement the Compact in a manner

22 consistent with this Act.

23 (4) To authorize Federal feasibility studies de24 signed to identify and analyze potential mechanisms

25 to enhance, through conservation or otherwise, water
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1 supplies in North Central Montana, including mech2 anisms to import domestic water supplies for the fu3 ture growth of the Rocky Boy’s Indian Reservation.

4 (5) To authorize certain projects on the Rocky

5 Boy’s Indian Reservation, Montana, in order to im6 plement the Compact.

7 (6) To authorize certain modifications to the

8 purposes and operation of the Bureau of Reclama9 tion’s Tiber Dam and Lake Elwell on the Marias

10 River in Montana in order to implement the Com11 pact.

12 (7) To authorize the appropriation of funds

13 necessary for the implementation of the Compact.

14 SEC. 4. DEFINITIONS.

15 In this Act:

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

17 the water rights compact between the Chippewa

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

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

20 the Montana Code Annotated (1997).

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

22 approval of the decree in section 5(b) means comple23 tion of any direct appeal to the Montana Supreme

24 Court of a final decree by the Water Court pursuant

25 to section 85–2–235 of the Montana Code Anno-
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1 tated (1997), or to the Federal Court of Appeals, in2 cluding the expiration of the time in which a petition

3 for certiorari may be filed in the United States Su4 preme Court, denial of such a petition, or the

5 issuance of the Supreme Court’s mandate, whichever

6 occurs last.

7 (3) FUND.—The term ‘‘Fund’’ means the Chip8 pewa Cree Indian Reserved Water Rights Settlement

9 Fund established under section 10.

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

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

12 of the Federally Recognized Indian Tribe List Act of

13 1994 (25 U.S.C. 479a(2)).

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

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

16 and industrial, domestic, and incidental drought re17 lief feasibility study described in section 7.

18 (6) MISSOURI RIVER SYSTEM.—The term ‘‘Mis19 souri River System’’ means the mainstem of the

20 Missouri River and its tributaries, including the

21 Marias River.

22 (7) RECLAMATION LAW.—The term ‘‘Reclama23 tion Law’’ has the meaning given the term ‘‘rec24 lamation law’’ in section 4 of the Act of December

25 5, 1924 (43 Stat. 701, chapter 4; 43 U.S.C. 371).
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1 (8) ROCKY BOY’S RESERVATION; RESERVA2 TION.—The term ‘‘Rocky Boy’s Reservation’’ or

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

4 of the Chippewa Cree Tribe in Montana.

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

6 the Secretary of the Interior, or his or her duly au7 thorized representative.

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

9 means the reservoir or reservoirs referred to as

10 ‘‘Stoneman Reservoir’’ in the Compact.

11 (11) TRIBAL COMPACT ADMINISTRATION.—The

12 term ‘‘Tribal Compact Administration’’ means the

13 activities assumed by the Tribe for implementation

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

15 Compact.

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

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

18 Tribe, as provided in the Compact.

19 (13) TRIBAL WATER RIGHT.—

20 (A) IN GENERAL.—The term ‘‘Tribal

21 Water Right’’ means the water right set forth

22 in section 85–20–601 of the Montana Code An23 notated (1997).

24 (B) RULE OF CONSTRUCTION.—The defini25 tion of the term ‘‘Tribal Water Right’’ under
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1 this paragraph and the treatment of that right

2 under this Act shall not be construed or inter3 preted as a precedent for the litigation of re4 served water rights or the interpretation or ad5 ministration of future compacts between the

6 United States and the State of Montana or any

7 other State.

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

9 Chippewa Cree Tribe of the Rocky Boy’s Reserva10 tion and all officers, agents, and departments there11 of.

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

13 development’’ includes all activities that involve the

14 use of water or modification of water courses or

15 water bodies in any way.

16 SEC. 5. RATIFICATION OF COMPACT AND ENTRY OF DE17 CREE.

18 (a) WATER RIGHTS COMPACT APPROVED.—Except

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

20 does not conflict with this Act—

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

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

23 State of Montana on April 14, 1997, is hereby ap24 proved, ratified, and confirmed; and

25 (2) the Secretary shall—
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1 (A) execute and implement the Compact

2 together with any amendments agreed to by the

3 parties or necessary to bring the Compact into

4 conformity with this Act; and

5 (B) take such other actions as are nec6 essary to implement the Compact.

7 (b) APPROVAL OF DECREE.—

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

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

10 States, the Tribe, or the State of Montana shall pe11 tition the Montana Water Court, individually or

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

13 the United States, the Tribe, and the State of Mon14 tana attached as Appendix 1 to the Compact, or any

15 amended version thereof agreed to by the United

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

17 (2) RESORT TO THE FEDERAL DISTRICT

18 COURT.—Under the circumstances set forth in Arti19 cle VII.B.4 of the Compact, 1 or more parties may

20 file an appropriate motion (as provided in that arti21 cle) in the United States district court of appro22 priate jurisdiction.

23 (3) EFFECT OF FAILURE OF APPROVAL TO BE24 COME FINAL.—In the event the approval by the ap25 propriate court, including any direct appeal, does
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1 not become final within 3 years after the filing of

2 the decree, or the decree is approved but is subse3 quently set aside by the appropriate court—

4 (A) the approval, ratification, and con5 firmation of the Compact by the United States

6 shall be null and void; and

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

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

9 further force and effect.

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

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

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

15 (b) TRIBAL MEMBER ENTITLEMENT.—

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

17 Indian reserved water of any tribal member shall be

18 satisfied solely from the water secured to the Tribe

19 by the Compact and shall be governed by the terms

20 and conditions of the Compact.

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

23 the Tribe pursuant to a tribal water code developed

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

2 approval of the tribal water code.

3 (c) TEMPORARY TRANSFER OF TRIBAL WATER

4 RIGHT.—Notwithstanding any other provision of statutory

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

6 Secretary and subject to the limitations and conditions set

7 forth in the Compact, including limitation on transfer of

8 any portion of the Tribal Water Right to within the Mis9 souri River Basin, enter into a service contract, lease, ex10 change, or other agreement providing for the temporary

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

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

13 lease, exchange, or other agreement entered into under

14 this subsection may permanently alienate any portion of

15 the Tribal Water Right.

16 SEC. 7. FEASIBILITY STUDIES AUTHORIZATION.

17 (a) MUNICIPAL, RURAL, AND INDUSTRIAL FEASI18 BILITY STUDY.—

19 (1) IN GENERAL.—

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

21 Bureau of Reclamation, shall perform an MR&I

22 feasibility study of water and related resources

23 in North Central Montana to evaluate alter24 natives for a municipal, rural, and industrial

25 supply for the Rocky Boy’s Reservation.
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1 (B) USE OF FUNDS MADE AVAILABLE FOR

2 FISCAL YEAR 1999.—The authority under sub3 paragraph (A) shall be deemed to apply to

4 MR&I feasibility study activities for which

5 funds were made available by appropriations for

6 fiscal year 1999.

7 (2) CONTENTS OF STUDY.—The MR&I feasi8 bility study shall include the feasibility of releasing

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

10 into the Missouri River System for later diversion to

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

12 Reservation.

13 (3) UTILIZATION OF EXISTING STUDIES.—The

14 MR&I feasibility study shall include utilization of ex15 isting Federal and non-Federal studies and shall be

16 planned and conducted in consultation with other

17 Federal agencies, the State of Montana, and the

18 Chippewa Cree Tribe.

19 (b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED

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

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

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

23 participate in any potential off-Reservation water supply

24 system identified in the MR&I feasibility study authorized

25 in subsection (a).
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1 (c) REGIONAL FEASIBILITY STUDY.—

2 (1) IN GENERAL.—

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

4 Bureau of Reclamation, shall conduct, pursuant

5 to Reclamation Law, a regional feasibility study

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

7 feasibility study’’) to evaluate water and related

8 resources in North-Central Montana in order to

9 determine the limitations of those resources and

10 how those resources can best be managed and

11 developed to serve the needs of the citizens of

12 Montana.

13 (B) USE OF FUNDS MADE AVAILABLE FOR

14 FISCAL YEAR 1999.—The authority under sub15 paragraph (A) shall be deemed to apply to re16 gional feasibility study activities for which

17 funds were made available by appropriations for

18 fiscal year 1999.

19 (2) CONTENTS OF STUDY.—The regional feasi20 bility study shall—

21 (A) evaluate existing and potential water

22 supplies, uses, and management;

23 (B) identify major water-related issues, in24 cluding environmental, water supply, and eco25 nomic issues;
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1 (C) evaluate opportunities to resolve the

2 issues referred to in subparagraph (B); and

3 (D) evaluate options for implementation of

4 resolutions to the issues.

5 (3) REQUIREMENTS.—Because of the regional

6 and international impact of the regional feasibility

7 study, the study may not be segmented. The re8 gional study shall—

9 (A) utilize, to the maximum extent pos10 sible, existing information; and

11 (B) be planned and conducted in consulta12 tion with all affected interests, including inter13 ests in Canada.

14 SEC. 8. TIBER RESERVOIR ALLOCATION.

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

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

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

19 from the water right of the Bureau of Reclamation

20 in Lake Elwell, Lower Marias Unit, Upper Missouri

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

23 the diversion point from the reservoir. The allocation

24 shall become effective when the decree referred to in
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1 section 5(b) has become final in accordance with

2 that section.

3 (2) AGREEMENT.—The Secretary shall enter

4 into an agreement with the Tribe setting forth the

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

6 use or temporary transfer of water stored in Lake

7 Elwell, subject to the terms and conditions of the

8 Compact and this Act.

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

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

12 tribe, or person claiming water through any Indian

13 tribe.

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

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

17 and conditions set forth in the Compact and this

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

19 water allocated by this section to any use, including

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

22 Boy’s Reservation.

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

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

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

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

5 water allocated by this section, except that no such

6 service contract, lease, exchange, or other agreement

7 may permanently alienate any portion of the tribal

8 allocation.

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

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

11 and all storage remaining in Lake Elwell after the alloca12 tion made to the Tribe in subsection (a)(1).

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

15 have no responsibility or obligation to provide any facility

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

17 the Rocky Boy’s Reservation or to any other location. Ex18 cept for the contribution set forth in section 11(c)(3), the

19 cost of developing and delivering the water allocated by

20 this section or any other supplemental water to the Rocky

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

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

23 this section regarding the allocation of water resources

24 from the Tiber Reservoir to the Tribe shall not be con-
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1 strued as precedent in the litigation or settlement of any

2 other Indian water right claims.

3 SEC. 9. ON-RESERVATION WATER RESOURCES DEVELOP4 MENT.

5 (a) WATER DEVELOPMENT PROJECTS.—The Sec6 retary, through the Bureau of Reclamation, is authorized

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

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

9 construction of the following water development projects

10 on the Rocky Boy’s Reservation:

11 (1) Bonneau Dam and Reservoir Enlargement.

12 (2) East Fork of Beaver Creek Dam Repair

13 and Enlargement.

14 (3) Brown’s Dam Enlargement.

15 (4) Towe Ponds’ Enlargement.

16 (5) Such other water development projects as

17 the Tribe shall from time to time consider appro18 priate.

19 (b) IMPLEMENTATION AGREEMENT.—The Secretary,

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

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

22 the Tribe to implement the provisions of this Act through

23 the Tribe’s annual funding agreement entered into under

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

25 Self-Determination and Education Assistance Act (25
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1 U.S.C. 458aa et seq.) by which the Tribe shall plan, de2 sign, and construct any or all of the projects authorized

3 by this section.

4 (c) BUREAU OF RECLAMATION PROJECT ADMINIS5 TRATION.—

6 (1) IN GENERAL.—Congress finds that the Sec7 retary, through the Bureau of Reclamation, has en8 tered into an agreement with the Tribe, pursuant to

9 title IV of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 458aa et seq.)—

11 (A) defining and limiting the role of the

12 Bureau of Reclamation in its administration of

13 the projects authorized in subsection (a);

14 (B) establishing the standards upon which

15 the projects will be constructed; and

16 (C) for other purposes necessary to imple17 ment this section.

18 (2) AGREEMENT.—The agreement referred to

19 in paragraph (1) shall become effective when the

20 Tribe exercises its right under subsection (b).

21 SEC. 10. CHIPPEWA CREE INDIAN RESERVED WATER

22 RIGHTS SETTLEMENT TRUST FUND.

23 (a) ESTABLISHMENT OF TRUST FUND.—

24 (1) IN GENERAL.—
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1 (A) ESTABLISHMENT.—There is hereby es2 tablished in the Treasury of the United States

3 a trust fund for the Chippewa Cree Tribe of the

4 Rocky Boy’s Reservation to be known as the

5 ‘‘Chippewa Cree Indian Reserved Water Rights

6 Settlement Trust Fund’’.

7 (B) AVAILABILITY OF AMOUNTS IN

8 FUND.—

9 (i) IN GENERAL.—Amounts in the

10 Fund shall be available to the Secretary

11 for management and investment on behalf

12 of the Tribe and distribution to the Tribe

13 in accordance with this Act.

14 (ii) AVAILABILITY.—Funds made

15 available from the Fund under this section

16 shall be available without fiscal year limita17 tion.

18 (2) MANAGEMENT OF FUND.—The Secretary

19 shall deposit and manage the principal and interest

20 in the Fund in a manner consistent with subsection

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

22 (3) CONTENTS OF FUND.—The Fund shall con23 sist of the amounts authorized to be appropriated to

24 the Fund under section 11(c) and such other
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1 amounts as may be transferred or credited to the

2 Fund.

3 (4) WITHDRAWAL.—The Tribe, with the ap4 proval of the Secretary, may withdraw the Fund and

5 deposit it in a mutually agreed upon private finan6 cial institution. That withdrawal shall be made pur7 suant to the American Indian Trust Fund Manage8 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.).

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

10 shall establish the following accounts in the Fund

11 and shall allocate appropriations to the various ac12 counts as required in this Act:

13 (A) The Tribal Compact Administration

14 Account.

15 (B) The Economic Development Account.

16 (C) The Future Water Supply Facilities

17 Account.

18 (b) FUND MANAGEMENT.—

19 (1) IN GENERAL.—

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

21 consist of such amounts as are appropriated to

22 the Fund and allocated to the accounts of the

23 Fund by the Secretary as provided in this Act

24 and in accordance with the authorizations for

25 appropriations in paragraphs (1), (2), and (3)
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1 of section 11(c), together with all interest that

2 accrues in the Fund.

3 (B) MANAGEMENT BY SECRETARY.—The

4 Secretary shall manage the Fund, make invest5 ments from the Fund, and make available funds

6 from the Fund for distribution to the Tribe in

7 a manner consistent with the American Indian

8 Trust Fund Management Reform Act of 1994

9 (25 U.S.C. 4001 et seq.).

10 (2) TRIBAL MANAGEMENT.—

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

12 its right pursuant to subsection (a)(4) to with13 draw the Fund and deposit it in a private fi14 nancial institution, except as provided in the

15 withdrawal plan, neither the Secretary nor the

16 Secretary of the Treasury shall retain any over17 sight over the accounting, disbursement, or in18 vestment of the funds.

19 (B) WITHDRAWAL PLAN.—The withdrawal

20 plan shall provide for—

21 (i) the creation of accounts and allo22 cation to accounts in a fund established

23 under the plan in a manner consistent with

24 subsection (a); and
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1 (ii) the appropriate terms and condi2 tions, if any, on expenditures from the

3 fund (in addition to the requirements of

4 the plans set forth in paragraphs (2) and

5 (3) of subsection (c)).

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

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

8 restrictions on expenditures:

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

10 expenditures in connection with the Tribal Compact

11 Administration, only interest accrued on the Tribal

12 Compact Administration Account referred to in sub13 section (a)(5)(A) shall be available to satisfy the

14 Tribe’s obligations for Tribal Compact Administra15 tion under the provisions of the Compact.

16 (2) Both principal and accrued interest on the

17 Economic Development Account referred to in sub18 section (a)(5)(B) shall be available to the Tribe for

19 expenditure pursuant to an economic development

20 plan approved by the Secretary.

21 (3) Both principal and accrued interest on the

22 Future Water Supply Facilities Account referred to

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

24 Tribe for expenditure pursuant to a water supply

25 plan approved by the Secretary.
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1 (d) INVESTMENT OF FUND.—

2 (1) IN GENERAL.—

3 (A) APPLICABLE LAWS.—The Secretary

4 shall invest amounts in the Fund in accordance

5 with—

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

7 70, chapter 41; 25 U.S.C. 161);

8 (ii) the first section of the Act entitled

9 ‘‘An Act to authorize the payment of inter10 est of certain funds held in trust by the

11 United States for Indian tribes’’, approved

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

13 (iii) the first section of the Act enti14 tled ‘‘An Act to authorize the deposit and

15 investment of Indian funds’’, approved

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

17 (B) CREDITING OF AMOUNTS TO THE

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

19 the sale or redemption of, any obligations of the

20 United States held in the Fund shall be cred21 ited to and form part of the Fund. The Sec22 retary of the Treasury shall credit to each of

23 the accounts contained in the Fund a propor24 tionate amount of that interest and proceeds.

25 (2) CERTAIN WITHDRAWN FUNDS.—
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1 (A) IN GENERAL.—Amounts withdrawn

2 from the Fund and deposited in a private finan3 cial institution pursuant to a withdrawal plan

4 approved by the Secretary under the American

5 Indian Trust Fund Management Reform Act of

6 1994 (25 U.S.C. 4001 et seq.) shall be invested

7 by an appropriate official under that plan.

8 (B) DEPOSIT OF INTEREST AND PRO9 CEEDS.—The interest on, and the proceeds

10 from the sale or redemption of, any obligations

11 held under this paragraph shall be deposited in

12 the private financial institution referred to in

13 subparagraph (A) in the fund established pur14 suant to the withdrawal plan referred to in that

15 subparagraph. The appropriate official shall

16 credit to each of the accounts contained in that

17 fund a proportionate amount of that interest

18 and proceeds.

19 (e) AGREEMENT REGARDING FUND EXPENDI20 TURES.—If the Tribe does not exercise its right under

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

22 transfer those funds to a private financial institution, the

23 Secretary shall enter into an agreement with the Tribe

24 providing for appropriate terms and conditions, if any, on
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1 expenditures from the Fund in addition to the plans set

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

3 (f) PER CAPITA DISTRIBUTIONS PROHIBITED.—No

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

5 to members of the Tribe.

6 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

8 amounts made available by appropriations for fiscal year

9 1999 for the Bureau of Reclamation, $1,000,000 shall be

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

11 study under section 7(a) and the regional study under sec12 tion 7(c), of which—

13 (1) $500,000 shall be used for the MR&I study

14 under section 7(a); and

15 (2) $500,000 shall be used for the regional

16 study under section 7(c).

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

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

19 Bureau of Reclamation, for the purpose of conducting the

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

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

22 of which—

23 (1) $500,000 shall be used for the MR&I feasi24 bility study under section 7(a); and
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1 (2) $2,500,000 shall be used for the regional

2 study under section 7(c).

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

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

5 by the Secretary as follows:

6 (1) TRIBAL COMPACT ADMINISTRATION AC7 COUNT.—For Tribal Compact Administration as8 sumed by the Tribe under the Compact and this Act,

9 $3,000,000 is authorized to be appropriated for fis10 cal year 2000.

11 (2) ECONOMIC DEVELOPMENT ACCOUNT.—For

12 tribal economic development, $3,000,000 is author13 ized to be appropriated for fiscal year 2000.

14 (3) FUTURE WATER SUPPLY FACILITIES AC15 COUNT.—For the total Federal contribution to the

16 planning, design, construction, operation, mainte17 nance, and rehabilitation of a future water supply

18 system for the Reservation, there are authorized to

19 be appropriated—

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

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

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

23 (d) ON-RESERVATION WATER DEVELOPMENT.—

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

25 appropriated to the Department of the Interior, for
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1 the Bureau of Reclamation, for the construction of

2 the on-Reservation water development projects au3 thorized by section 9—

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

5 the planning, design, and construction of the

6 Bonneau Dam enlargement, for the develop7 ment of additional capacity in Bonneau Res8 ervoir for storage of water secured to the Tribe

9 under the Compact;

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

11 the planning, design, and construction of the

12 East Fork Dam and Reservoir enlargement, of

13 the Brown’s Dam and Reservoir enlargement,

14 and of the Towe Ponds enlargement of which—

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

16 East Fork Dam and Reservoir enlarge17 ment;

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

19 Brown’s Dam and Reservoir enlargement;

20 and

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

22 Towe Ponds enlargement; and

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

24 the planning, design, and construction of such

25 other water resource developments as the Tribe,
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1 with the approval of the Secretary, from time to

2 time may consider appropriate or for the com3 pletion of the 4 projects enumerated in sub4 paragraphs (A) and (B) of paragraph (1).

5 (2) UNEXPENDED BALANCES.—Any unex6 pended balance in the funds authorized to be appro7 priated under subparagraph (A) or (B) of paragraph

8 (1), after substantial completion of all of the

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

10 of section 9(a)—

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

12 completion of the enumerated projects; and

13 (B) then for other water resource develop14 ment projects on the Reservation.

15 (e) ADMINISTRATION COSTS.—There is authorized to

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

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

18 for the costs of administration of the Bureau of Reclama19 tion under this Act, except that—

20 (1) if those costs exceed $1,000,000, the Bu21 reau of Reclamation may use funds authorized for

22 appropriation under subsection (d) for costs; and

23 (2) the Bureau of Reclamation shall exercise its

24 best efforts to minimize those costs to avoid expendi-
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1 tures for the costs of administration under this Act

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

3 (f) AVAILABILITY OF FUNDS.—

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

5 be appropriated to the Fund and allocated to its ac6 counts pursuant to subsection (c) shall be deposited

7 into the Fund and allocated immediately on appro8 priation.

9 (2) INVESTMENTS.—Investments may be made

10 from the Fund pursuant to section 10(d).

11 (3) AVAILABILITY OF CERTAIN MONEYS.—The

12 amounts made available for use under subsection (a)

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

14 the date on which those funds were appropriated.

15 The amounts authorized to be appropriated in sub16 sections (b) and (c)(1) shall be available for use im17 mediately upon appropriation.

18 (4) LIMITATION.—Those moneys allocated by

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

20 established under section 10(a)(4) shall draw inter21 est consistent with section 10(d), but the moneys au22 thorized to be appropriated under subsection (d) and

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

24 available for expenditure until the requirements of

25 section 5(b) have been met so that the decree has
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1 become final and the Tribe has executed the waiver

2 and release required under section 13(c).

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

4 (1) IN GENERAL.—In the event that the ap5 proval, ratification, and confirmation of the Compact

6 by the United States becomes null and void under

7 section 5(b), all unexpended funds appropriated

8 under the authority of this Act together with all in9 terest earned on such funds, notwithstanding wheth10 er the funds are held by the Tribe, a private institu11 tion, or the Secretary, shall revert to the general

12 fund of the Treasury 12 months after the expiration

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

14 (2) INCLUSION IN AGREEMENTS AND PLAN.—

15 The requirements in paragraph (1) shall be included

16 in all annual funding agreements entered into under

17 the self-governance program under title IV of the In18 dian Self-Determination and Education Assistance

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

20 withdrawal agreements, or any other agreements for

21 withdrawal or transfer of the funds to the Tribe or

22 a private financial institution under this Act.

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

24 appropriated pursuant to authorizations under this Act

25 shall be available without fiscal year limitation.
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1 SEC. 12. STATE CONTRIBUTIONS TO SETTLEMENT.

2 Consistent with Articles VI.C.2 and C.3 of the Com3 pact, the State contribution to settlement shall be as fol4 lows:

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

6 by Montana House Bill 6 of the 55th Legislative

7 Session (1997) shall be used for the following pur8 poses:

9 (A) Water quality discharge monitoring

10 wells and monitoring program.

11 (B) A diversion structure on Big Sandy

12 Creek.

13 (C) A conveyance structure on Box Elder

14 Creek.

15 (D) The purchase of contract water from

16 Lower Beaver Creek Reservoir.

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

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

19 administration required by the Compact and for

20 water quality sampling required by the Compact.

21 SEC. 13. MISCELLANEOUS PROVISIONS.

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

23 to Tribal Resolution No. 40–98, and in exchange for bene24 fits under this Act, the Tribe shall not exercise the rights

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

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

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

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

4 Compact.

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

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

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

10 States.

11 (c) TRIBAL RELEASE OF CLAIMS AGAINST THE

12 UNITED STATES.—

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

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

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

17 claims described in paragraph (2) against the United

18 States, the validity of which are not recognized by

19 the United States, except that—

20 (A) the waiver and release of claims shall

21 not become effective until the appropriation of

22 the funds authorized in section 11 has been

23 completed and the decree has become final in

24 accordance with the requirements of section

25 5(b); and
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1 (B) in the event that the approval, ratifica2 tion, and confirmation of the Compact by the

3 United States becomes null and void under sec4 tion 5(b), the waiver and release of claims shall

5 become null and void.

6 (2) CLAIMS DESCRIBED.—The claims referred

7 to in paragraph (1) are as follows:

8 (A) Any and all claims to water rights (in9 cluding water rights in surface water, ground

10 water, and effluent), claims for injuries to

11 water rights, claims for loss or deprivation of

12 use of water rights, and claims for failure to ac13 quire or develop water rights for lands of the

14 Tribe from time immemorial to the date of rati15 fication of the Compact by Congress.

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

17 negotiation of the Compact and the settlement

18 authorized by this Act.

19 (3) SETOFFS.—In the event the waiver and re20 lease do not become effective as set forth in para21 graph (1)—

22 (A) the United States shall be entitled to

23 setoff against any claim for damages asserted

24 by the Tribe against the United States, any

25 funds transferred to the Tribe pursuant to sec-
34

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1 tion 11, and any interest accrued thereon up to

2 the date of setoff; and

3 (B) the United States shall retain any

4 other claims or defenses not waived in this Act

5 or in the Compact as modified by this Act.

6 (d) OTHER TRIBES NOT ADVERSELY AFFECTED.—

7 Nothing in this Act is intended to quantify or otherwise

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

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

10 the Chippewa Cree Tribe.

11 (e) ENVIRONMENTAL COMPLIANCE.—In imple12 menting the Compact, the Secretary shall comply with all

13 aspects of the National Environmental Policy Act of 1969

14 (42 U.S.C. 4321 et seq.), the Endangered Species Act of

15 1973 (16 U.S.C. 1531 et seq.), and all other applicable

16 environmental Acts and regulations.

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

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

19 not constitute a major Federal action under the National

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

21 Secretary is directed to carry out all necessary environ22 mental compliance required by Federal law in imple23 menting the Compact.

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

25 is intended to—
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1 (1) alter the trust responsibility of the United

2 States to the Tribe; or

3 (2) prohibit the Tribe from seeking additional

4 authorization or appropriation of funds for tribal

5 programs or purposes.

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

7 shall be construed or interpreted as a precedent for the

8 litigation of reserved water rights or the interpretation or

9 administration of future water settlement Acts.

Æ