II

106TH CONGRESS

1ST SESSION S. 630

To provide for the preservation and sustainability of the family farm through

the transfer of responsibility for operation and maintenance of the Flathead Irrigation Project, Montana.

IN THE SENATE OF THE UNITED STATES

MARCH 16, 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

A BILL

To provide for the preservation and sustainability of the

family farm through the transfer of responsibility for

operation and maintenance of the Flathead Irrigation

Project, Montana.

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

3 SECTION 1. TRANSFER OF RESPONSIBILITY FOR OPER4 ATION AND MAINTENANCE OF THE FLAT5 HEAD IRRIGATION PROJECT, MONTANA.

6 (a) PURPOSE.—The purpose of this Act is to preserve

7 and protect the viability and sustainability of the family

8 farms and ranches of the Jocko Valley, Camas Valley, and
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1 Mission Valley, Montana, through the transfer of responsi2 bility for operation and maintenance of the Irrigation Di3 vision of the Flathead Irrigation Project, Montana, with4 out having any effect on the negotiation or adjudication

5 of water rights, including those of the tribe.

6 (b) DEFINITIONS.—In this Act:

7 (1) CONTRACT.—The term ‘‘contract’’ means

8 the contract under subsection (c).

9 (2) IRRIGATION DISTRICT.—The term ‘‘irriga10 tion district’’ means 1 or more irrigation districts or11 ganized in accordance with the paragraph relating to

12 the irrigation systems on the Flathead Indian Res13 ervation, Montana, under the subheading ‘‘IRRIGA14 TION AND DRAINAGE’’ under the heading ‘‘BU15 REAU OF INDIAN AFFAIRS’’ in the Act of May

16 10, 1926 (44 Stat. 464, chapter 277).

17 (3) PROJECT.—The term ‘‘project’’ means the

18 Irrigation Division of the Flathead Irrigation Project

19 constructed under section 14 of the Act of April 23,

20 1904 (33 Stat. 305, chapter 1495), and section 14

21 of the Act of May 29, 1908 (35 Stat. 450, chapter

22 216).

23 (4) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Interior.
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1 (5) TRIBE.—The term ‘‘Tribe’’ means the Con2 federated Salish and Kootenai Tribes of the Flat3 head Nation, a federally recognized tribe organized

4 under section 16 of the Act of June 18, 1934 (25

5 U.S.C. 476).

6 (c) CONTRACT.—

7 (1) IN GENERAL.—Not later than 1 year after

8 the date of enactment of this Act, the Secretary

9 shall offer to enter into a contract with the irriga10 tion district under which the irrigation district will

11 operate and manage the project, including all rights

12 and powers exercised by the Secretary in the oper13 ation of the project, including the right to use per14 manent easements purchased under the Act of May

15 25, 1948 (62 Stat. 269, chapter 340).

16 (2) CONTRACT PROVISIONS.—The contract shall

17 contain provisions that—

18 (A)(i) identify the trust responsibilities of

19 the United States to the Tribe that are affected

20 by the operation and maintenance of the Irriga21 tion Division; and

22 (ii) ensure that the United States will be

23 able to fulfill those responsibilities;

24 (B) ensure that in operating and maintain25 ing the project, the irrigation district will main-
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1 tain the interim instream flows established by

2 the Bureau of Indian Affairs to preserve fish3 eries pending adjudication of water rights and,

4 thereafter, as required by any rulings made in

5 connection with the adjudication or related ne6 gotiation;

7 (C) ensure that obligations in existence on

8 the date of enactment of this Act governing the

9 repayment of the construction costs of the

10 project are continued unaffected by this Act

11 and the contract, if the irrigation district makes

12 an accelerated payment of $1,000,000 on the

13 repayment contract between the irrigation dis14 trict and the United States not later than De15 cember 31, 2001;

16 (D) amend the repayment contracts in ef17 fect on the date of enactment of this Act be18 tween the irrigation district and the United

19 States to provide that net revenues from the op20 eration of the Power Division of the project will

21 not be used to pay operation and maintenance

22 costs of the Irrigation Division; and

23 (E) provide for revocation of the contract

24 and of the right of the irrigation district to op25 erate and maintain the project if a court of the
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1 United States finds that the irrigation district

2 has operated and persists in operating the

3 project in a manner that willingly and know4 ingly damages tribal trust assets.

5 (3) PROTECTION OF TRIBAL TRUST ASSETS.—

6 For the purpose of paragraph (2)(E)—

7 (A) operation of the project as the project

8 was operated by the Bureau of Indian Affairs

9 plan of operations in effect on October 31,

10 1997, shall be presumed to provide adequate

11 protection of tribal trust assets and shall not be

12 considered to damage those assets; and

13 (B) any changes in operation required as a

14 result of new information, changes in adminis15 trative policies or decisions, judicial decisions,

16 or negotiations shall not be a ground for rev17 ocation of the contract unless the irrigation dis18 trict refuses to conform the operation and

19 maintenance of the project to the requirements

20 of the new information, administrative policies

21 and decisions, judicial decisions, or negotia22 tions.

23 (d) TIMING.—The Secretary shall commence negotia24 tions with the irrigation district as soon as practicable to

25 enable the Secretary and the irrigation district to enter
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1 into a contract not later than 1 year after the date of en2 actment of this Act.

3 (e) PROPERTY RIGHTS.—

4 (1) IN GENERAL.—Under the contract, the Sec5 retary shall transfer to the irrigation district owner6 ship of all equipment, machinery, office supplies,

7 and other supplies and equipment paid for with op8 eration and maintenance funds related to the

9 project.

10 (2) INVENTORY LIST.—The Secretary shall pro11 vide the irrigation district an inventory list of all

12 supplies and equipment at the project as of the date

13 of enactment of this Act that were purchased with

14 operation and maintenance funds.

15 (3) REAL PROPERTY.—Under the contract, the

16 Secretary shall not transfer to the irrigation district

17 ownership of—

18 (A) any real property right to land or an

19 interest in land; or

20 (B) any water right.

21 (f) WATER RIGHTS.—This Act does not affect the ne22 gotiation of water rights between the State of Montana,

23 the United States, and the Tribe.

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