Calendar No. 297

106TH CONGRESS

1ST SESSION S. 438

A BILL

To provide for the settlement of the water rights

claims of the Chippewa Cree Tribe of the RockyBoy’s Reservation, and for other purposes.

SEPTEMBER 30, 1999

Committee discharged pursuant to the order of May 27,

1999; placed on the calendar
II

Calendar No. 297

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

SEPTEMBER 30, 1999

Committee discharged pursuant to the order of May 27, 1999; placed on the

calendar
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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—

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
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1 development of the water resources of the Reserva2 tion;

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

4 the facilities needed to utilize water supplies effec5 tively are necessary to the development of a viable

6 Reservation economy and to implementation of the

7 Chippewa Cree-Montana Water Rights Compact;

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

9 water-short area of Montana and the Compact con10 templates the development of additional water sup11 plies, including importation of domestic water, to

12 meet the needs of the Chippewa Cree Tribe;

13 (7) proceedings to determine the full extent of

14 the water rights of the Chippewa Cree Tribe are cur15 rently pending before the Montana Water Court as

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

17 Rights to the Use of Water, Both Surface and Un18 derground, within the State of Montana;

19 (8) recognizing that final resolution of the gen20 eral stream adjudication will take many years and

21 entail great expense to all parties, prolong uncer22 tainty as to the availability of water supplies, and

23 seriously impair the long-term economic planning

24 and development of all parties, the Chippewa Cree
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1 Tribe and the State of Montana entered into the

2 Compact on April 14, 1997; and

3 (9) the allocation of water resources from the

4 Tiber Reservoir to the Chippewa Cree Tribe under

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

6 and economic characteristics of the area and situa7 tion involved.

8 SEC. 3. PURPOSES.

9 The purposes of this Act are as follows:

10 (1) To achieve a fair, equitable, and final settle11 ment of all claims to water rights in the State of

12 Montana for—

13 (A) the Chippewa Cree Tribe; and

14 (B) the United States for the benefit of

15 the Chippewa Cree Tribe.

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

17 in this Act, the Chippewa Cree-Montana Water

18 Rights Compact entered into by the Chippewa Cree

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

20 of Montana on April 14, 1997, and to provide fund21 ing and other authorization necessary for the imple22 mentation of the Compact.

23 (3) To authorize the Secretary of the Interior

24 to execute and implement the Compact referred to in

25 paragraph (2) and to take such other actions as are
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1 necessary to implement the Compact in a manner

2 consistent with this Act.

3 (4) To authorize Federal feasibility studies de4 signed to identify and analyze potential mechanisms

5 to enhance, through conservation or otherwise, water

6 supplies in North Central Montana, including mech7 anisms to import domestic water supplies for the fu8 ture growth of the Rocky Boy’s Indian Reservation.

9 (5) To authorize certain projects on the Rocky

10 Boy’s Indian Reservation, Montana, in order to im11 plement the Compact.

12 (6) To authorize certain modifications to the

13 purposes and operation of the Bureau of Reclama14 tion’s Tiber Dam and Lake Elwell on the Marias

15 River in Montana in order to implement the Com16 pact.

17 (7) To authorize the appropriation of funds

18 necessary for the implementation of the Compact.

19 SEC. 4. DEFINITIONS.

20 In this Act:

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

22 the water rights compact between the Chippewa

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

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

25 the Montana Code Annotated (1997).
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1 (2) FINAL.—The term ‘‘final’’ with reference to

2 approval of the decree in section 5(b) means comple3 tion of any direct appeal to the Montana Supreme

4 Court of a final decree by the Water Court pursuant

5 to section 85–2–235 of the Montana Code Anno6 tated (1997), or to the Federal Court of Appeals, in7 cluding the expiration of the time in which a petition

8 for certiorari may be filed in the United States Su9 preme Court, denial of such a petition, or the

10 issuance of the Supreme Court’s mandate, whichever

11 occurs last.

12 (3) FUND.—The term ‘‘Fund’’ means the Chip13 pewa Cree Indian Reserved Water Rights Settlement

14 Fund established under section 10.

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

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

17 of the Federally Recognized Indian Tribe List Act of

18 1994 (25 U.S.C. 479a(2)).

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

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

21 and industrial, domestic, and incidental drought re22 lief feasibility study described in section 7.

23 (6) MISSOURI RIVER SYSTEM.—The term ‘‘Mis24 souri River System’’ means the mainstem of the
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1 Missouri River and its tributaries, including the

2 Marias River.

3 (7) RECLAMATION LAW.—The term ‘‘Reclama4 tion Law’’ has the meaning given the term ‘‘rec5 lamation law’’ in section 4 of the Act of December

6 5, 1924 (43 Stat. 701, chapter 4; 43 U.S.C. 371).

7 (8) ROCKY BOY’S RESERVATION; RESERVA8 TION.—The term ‘‘Rocky Boy’s Reservation’’ or

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

10 of the Chippewa Cree Tribe in Montana.

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

12 the Secretary of the Interior, or his or her duly au13 thorized representative.

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

15 means the reservoir or reservoirs referred to as

16 ‘‘Stoneman Reservoir’’ in the Compact.

17 (11) TRIBAL COMPACT ADMINISTRATION.—The

18 term ‘‘Tribal Compact Administration’’ means the

19 activities assumed by the Tribe for implementation

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

21 Compact.

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

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

24 Tribe, as provided in the Compact.

25 (13) TRIBAL WATER RIGHT.—
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1 (A) IN GENERAL.—The term ‘‘Tribal

2 Water Right’’ means the water right set forth

3 in section 85–20–601 of the Montana Code An4 notated (1997).

5 (B) RULE OF CONSTRUCTION.—The defini6 tion of the term ‘‘Tribal Water Right’’ under

7 this paragraph and the treatment of that right

8 under this Act shall not be construed or inter9 preted as a precedent for the litigation of re10 served water rights or the interpretation or ad11 ministration of future compacts between the

12 United States and the State of Montana or any

13 other State.

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

15 Chippewa Cree Tribe of the Rocky Boy’s Reserva16 tion and all officers, agents, and departments there17 of.

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

19 development’’ includes all activities that involve the

20 use of water or modification of water courses or

21 water bodies in any way.
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1 SEC. 5. RATIFICATION OF COMPACT AND ENTRY OF DE2 CREE.

3 (a) WATER RIGHTS COMPACT APPROVED.—Except

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

5 does not conflict with this Act—

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

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

8 State of Montana on April 14, 1997, is hereby ap9 proved, ratified, and confirmed; and

10 (2) the Secretary shall—

11 (A) execute and implement the Compact

12 together with any amendments agreed to by the

13 parties or necessary to bring the Compact into

14 conformity with this Act; and

15 (B) take such other actions as are nec16 essary to implement the Compact.

17 (b) APPROVAL OF DECREE.—

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

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

20 States, the Tribe, or the State of Montana shall pe21 tition the Montana Water Court, individually or

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

23 the United States, the Tribe, and the State of Mon24 tana attached as Appendix 1 to the Compact, or any

25 amended version thereof agreed to by the United

26 States, the Tribe, and the State of Montana.
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1 (2) RESORT TO THE FEDERAL DISTRICT

2 COURT.—Under the circumstances set forth in Arti3 cle VII.B.4 of the Compact, 1 or more parties may

4 file an appropriate motion (as provided in that arti5 cle) in the United States district court of appro6 priate jurisdiction.

7 (3) EFFECT OF FAILURE OF APPROVAL TO BE8 COME FINAL.—In the event the approval by the ap9 propriate court, including any direct appeal, does

10 not become final within 3 years after the filing of

11 the decree, or the decree is approved but is subse12 quently set aside by the appropriate court—

13 (A) the approval, ratification, and con14 firmation of the Compact by the United States

15 shall be null and void; and

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

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

18 further force and effect.

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

20 (a) ADMINISTRATION AND ENFORCEMENT.—As pro21 vided in the Compact, until the adoption and approval of

22 a tribal water code by the Tribe, the Secretary shall ad23 minister and enforce the Tribal Water Right.

24 (b) TRIBAL MEMBER ENTITLEMENT.—
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1 (1) IN GENERAL.—Any entitlement to Federal

2 Indian reserved water of any tribal member shall be

3 satisfied solely from the water secured to the Tribe

4 by the Compact and shall be governed by the terms

5 and conditions of the Compact.

6 (2) ADMINISTRATION.—An entitlement de7 scribed in paragraph (1) shall be administered by

8 the Tribe pursuant to a tribal water code developed

9 and adopted pursuant to Article IV.A.2 of the Com10 pact, or by the Secretary pending the adoption and

11 approval of the tribal water code.

12 (c) TEMPORARY TRANSFER OF TRIBAL WATER

13 RIGHT.—Notwithstanding any other provision of statutory

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

15 Secretary and subject to the limitations and conditions set

16 forth in the Compact, including limitation on transfer of

17 any portion of the Tribal Water Right to within the Mis18 souri River Basin, enter into a service contract, lease, ex19 change, or other agreement providing for the temporary

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

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

22 lease, exchange, or other agreement entered into under

23 this subsection may permanently alienate any portion of

24 the Tribal Water Right.
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1 SEC. 7. FEASIBILITY STUDIES AUTHORIZATION.

2 (a) MUNICIPAL, RURAL, AND INDUSTRIAL FEASI3 BILITY STUDY.—

4 (1) IN GENERAL.—

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

6 Bureau of Reclamation, shall perform an MR&I

7 feasibility study of water and related resources

8 in North Central Montana to evaluate alter9 natives for a municipal, rural, and industrial

10 supply for the Rocky Boy’s Reservation.

11 (B) USE OF FUNDS MADE AVAILABLE FOR

12 FISCAL YEAR 1999.—The authority under sub13 paragraph (A) shall be deemed to apply to

14 MR&I feasibility study activities for which

15 funds were made available by appropriations for

16 fiscal year 1999.

17 (2) CONTENTS OF STUDY.—The MR&I feasi18 bility study shall include the feasibility of releasing

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

20 into the Missouri River System for later diversion to

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

22 Reservation.

23 (3) UTILIZATION OF EXISTING STUDIES.—The

24 MR&I feasibility study shall include utilization of ex25 isting Federal and non-Federal studies and shall be

26 planned and conducted in consultation with other
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1 Federal agencies, the State of Montana, and the

2 Chippewa Cree Tribe.

3 (b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED

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

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

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

7 participate in any potential off-Reservation water supply

8 system identified in the MR&I feasibility study authorized

9 in subsection (a).

10 (c) REGIONAL FEASIBILITY STUDY.—

11 (1) IN GENERAL.—

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

13 Bureau of Reclamation, shall conduct, pursuant

14 to Reclamation Law, a regional feasibility study

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

16 feasibility study’’) to evaluate water and related

17 resources in North-Central Montana in order to

18 determine the limitations of those resources and

19 how those resources can best be managed and

20 developed to serve the needs of the citizens of

21 Montana.

22 (B) USE OF FUNDS MADE AVAILABLE FOR

23 FISCAL YEAR 1999.—The authority under sub24 paragraph (A) shall be deemed to apply to re25 gional 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 regional feasi4 bility study shall—

5 (A) evaluate existing and potential water

6 supplies, uses, and management;

7 (B) identify major water-related issues, in8 cluding environmental, water supply, and eco9 nomic issues;

10 (C) evaluate opportunities to resolve the

11 issues referred to in subparagraph (B); and

12 (D) evaluate options for implementation of

13 resolutions to the issues.

14 (3) REQUIREMENTS.—Because of the regional

15 and international impact of the regional feasibility

16 study, the study may not be segmented. The re17 gional study shall—

18 (A) utilize, to the maximum extent pos19 sible, existing information; and

20 (B) be planned and conducted in consulta21 tion with all affected interests, including inter22 ests in Canada.

23 SEC. 8. TIBER RESERVOIR ALLOCATION.

24 (a) ALLOCATION OF WATER TO THE TRIBE.—
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1 (1) IN GENERAL.—The Secretary shall perma2 nently allocate to the Tribe, without cost to the

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

4 from the water right of the Bureau of Reclamation

5 in Lake Elwell, Lower Marias Unit, Upper Missouri

6 Division, Pick-Sloan Missouri Basin Program, Mon7 tana, measured at the outlet works of the dam or at

8 the diversion point from the reservoir. The allocation

9 shall become effective when the decree referred to in

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

11 that section.

12 (2) AGREEMENT.—The Secretary shall enter

13 into an agreement with the Tribe setting forth the

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

15 use or temporary transfer of water stored in Lake

16 Elwell, subject to the terms and conditions of the

17 Compact and this Act.

18 (3) PRIOR RESERVED WATER RIGHTS.—The al19 location provided in this section shall be subject to

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

21 tribe, or person claiming water through any Indian

22 tribe.

23 (b) USE AND TEMPORARY TRANSFER OF ALLOCA24 TION.—
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1 (1) IN GENERAL.—Subject to the limitations

2 and conditions set forth in the Compact and this

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

4 water allocated by this section to any use, including

5 agricultural, municipal, commercial, industrial, min6 ing, or recreational uses, within or outside the Rocky

7 Boy’s Reservation.

8 (2) CONTRACTS AND AGREEMENTS.—Notwith9 standing any other provision of statutory or common

10 law, the Tribe may, with the approval of the Sec11 retary and subject to the limitations and conditions

12 set forth in the Compact, enter into a service con13 tract, lease, exchange, or other agreement providing

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

15 water allocated by this section, except that no such

16 service contract, lease, exchange, or other agreement

17 may permanently alienate any portion of the tribal

18 allocation.

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

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

21 and all storage remaining in Lake Elwell after the alloca22 tion made to the Tribe in subsection (a)(1).

23 (d) WATER TRANSPORT OBLIGATION; DEVELOP24 MENT AND DELIVERY COSTS.—The United States shall

25 have no responsibility or obligation to provide any facility
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1 for the transport of the water allocated by this section to

2 the Rocky Boy’s Reservation or to any other location. Ex3 cept for the contribution set forth in section 11(c)(3), the

4 cost of developing and delivering the water allocated by

5 this section or any other supplemental water to the Rocky

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

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

8 this section regarding the allocation of water resources

9 from the Tiber Reservoir to the Tribe shall not be con10 strued as precedent in the litigation or settlement of any

11 other Indian water right claims.

12 SEC. 9. ON-RESERVATION WATER RESOURCES DEVELOP13 MENT.

14 (a) WATER DEVELOPMENT PROJECTS.—The Sec15 retary, through the Bureau of Reclamation, is authorized

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

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

18 construction of the following water development projects

19 on the Rocky Boy’s Reservation:

20 (1) Bonneau Dam and Reservoir Enlargement.

21 (2) East Fork of Beaver Creek Dam Repair

22 and Enlargement.

23 (3) Brown’s Dam Enlargement.

24 (4) Towe Ponds’ Enlargement.
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1 (5) Such other water development projects as

2 the Tribe shall from time to time consider appro3 priate.

4 (b) IMPLEMENTATION AGREEMENT.—The Secretary,

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

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

7 the Tribe to implement the provisions of this Act through

8 the Tribe’s annual funding agreement entered into under

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

10 Self-Determination and Education Assistance Act (25

11 U.S.C. 458aa et seq.) by which the Tribe shall plan, de12 sign, and construct any or all of the projects authorized

13 by this section.

14 (c) BUREAU OF RECLAMATION PROJECT ADMINIS15 TRATION.—

16 (1) IN GENERAL.—Congress finds that the Sec17 retary, through the Bureau of Reclamation, has en18 tered into an agreement with the Tribe, pursuant to

19 title IV of the Indian Self-Determination and Edu20 cation Assistance Act (25 U.S.C. 458aa et seq.)—

21 (A) defining and limiting the role of the

22 Bureau of Reclamation in its administration of

23 the projects authorized in subsection (a);

24 (B) establishing the standards upon which

25 the projects will be constructed; and
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1 (C) for other purposes necessary to imple2 ment this section.

3 (2) AGREEMENT.—The agreement referred to

4 in paragraph (1) shall become effective when the

5 Tribe exercises its right under subsection (b).

6 SEC. 10. CHIPPEWA CREE INDIAN RESERVED WATER

7 RIGHTS SETTLEMENT TRUST FUND.

8 (a) ESTABLISHMENT OF TRUST FUND.—

9 (1) IN GENERAL.—

10 (A) ESTABLISHMENT.—There is hereby es11 tablished in the Treasury of the United States

12 a trust fund for the Chippewa Cree Tribe of the

13 Rocky Boy’s Reservation to be known as the

14 ‘‘Chippewa Cree Indian Reserved Water Rights

15 Settlement Trust Fund’’.

16 (B) AVAILABILITY OF AMOUNTS IN

17 FUND.—

18 (i) IN GENERAL.—Amounts in the

19 Fund shall be available to the Secretary

20 for management and investment on behalf

21 of the Tribe and distribution to the Tribe

22 in accordance with this Act.

23 (ii) AVAILABILITY.—Funds made

24 available from the Fund under this section
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1 shall be available without fiscal year limita2 tion.

3 (2) MANAGEMENT OF FUND.—The Secretary

4 shall deposit and manage the principal and interest

5 in the Fund in a manner consistent with subsection

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

7 (3) CONTENTS OF FUND.—The Fund shall con8 sist of the amounts authorized to be appropriated to

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

10 amounts as may be transferred or credited to the

11 Fund.

12 (4) WITHDRAWAL.—The Tribe, with the ap13 proval of the Secretary, may withdraw the Fund and

14 deposit it in a mutually agreed upon private finan15 cial institution. That withdrawal shall be made pur16 suant to the American Indian Trust Fund Manage17 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.).

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

19 shall establish the following accounts in the Fund

20 and shall allocate appropriations to the various ac21 counts as required in this Act:

22 (A) The Tribal Compact Administration

23 Account.

24 (B) The Economic Development Account.
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1 (C) The Future Water Supply Facilities

2 Account.

3 (b) FUND MANAGEMENT.—

4 (1) IN GENERAL.—

5 (A) AMOUNTS IN FUND.—The Fund shall

6 consist of such amounts as are appropriated to

7 the Fund and allocated to the accounts of the

8 Fund by the Secretary as provided in this Act

9 and in accordance with the authorizations for

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

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

12 accrues in the Fund.

13 (B) MANAGEMENT BY SECRETARY.—The

14 Secretary shall manage the Fund, make invest15 ments from the Fund, and make available funds

16 from the Fund for distribution to the Tribe in

17 a manner consistent with the American Indian

18 Trust Fund Management Reform Act of 1994

19 (25 U.S.C. 4001 et seq.).

20 (2) TRIBAL MANAGEMENT.—

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

22 its right pursuant to subsection (a)(4) to with23 draw the Fund and deposit it in a private fi24 nancial institution, except as provided in the

25 withdrawal plan, neither the Secretary nor the
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1 Secretary of the Treasury shall retain any over2 sight over the accounting, disbursement, or in3 vestment of the funds.

4 (B) WITHDRAWAL PLAN.—The withdrawal

5 plan shall provide for—

6 (i) the creation of accounts and allo7 cation to accounts in a fund established

8 under the plan in a manner consistent with

9 subsection (a); and

10 (ii) the appropriate terms and condi11 tions, if any, on expenditures from the

12 fund (in addition to the requirements of

13 the plans set forth in paragraphs (2) and

14 (3) of subsection (c)).

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

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

17 restrictions on expenditures:

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

19 expenditures in connection with the Tribal Compact

20 Administration, only interest accrued on the Tribal

21 Compact Administration Account referred to in sub22 section (a)(5)(A) shall be available to satisfy the

23 Tribe’s obligations for Tribal Compact Administra24 tion under the provisions of the Compact.
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1 (2) Both principal and accrued interest on the

2 Economic Development Account referred to in sub3 section (a)(5)(B) shall be available to the Tribe for

4 expenditure pursuant to an economic development

5 plan approved by the Secretary.

6 (3) Both principal and accrued interest on the

7 Future Water Supply Facilities Account referred to

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

9 Tribe for expenditure pursuant to a water supply

10 plan approved by the Secretary.

11 (d) INVESTMENT OF FUND.—

12 (1) IN GENERAL.—

13 (A) APPLICABLE LAWS.—The Secretary

14 shall invest amounts in the Fund in accordance

15 with—

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

17 70, chapter 41; 25 U.S.C. 161);

18 (ii) the first section of the Act entitled

19 ‘‘An Act to authorize the payment of inter20 est of certain funds held in trust by the

21 United States for Indian tribes’’, approved

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

23 (iii) the first section of the Act enti24 tled ‘‘An Act to authorize the deposit and
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1 investment of Indian funds’’, approved

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

3 (B) CREDITING OF AMOUNTS TO THE

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

5 the sale or redemption of, any obligations of the

6 United States held in the Fund shall be cred7 ited to and form part of the Fund. The Sec8 retary of the Treasury shall credit to each of

9 the accounts contained in the Fund a propor10 tionate amount of that interest and proceeds.

11 (2) CERTAIN WITHDRAWN FUNDS.—

12 (A) IN GENERAL.—Amounts withdrawn

13 from the Fund and deposited in a private finan14 cial institution pursuant to a withdrawal plan

15 approved by the Secretary under the American

16 Indian Trust Fund Management Reform Act of

17 1994 (25 U.S.C. 4001 et seq.) shall be invested

18 by an appropriate official under that plan.

19 (B) DEPOSIT OF INTEREST AND PRO20 CEEDS.—The interest on, and the proceeds

21 from the sale or redemption of, any obligations

22 held under this paragraph shall be deposited in

23 the private financial institution referred to in

24 subparagraph (A) in the fund established pur25 suant to the withdrawal plan referred to in that
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1 subparagraph. The appropriate official shall

2 credit to each of the accounts contained in that

3 fund a proportionate amount of that interest

4 and proceeds.

5 (e) AGREEMENT REGARDING FUND EXPENDI6 TURES.—If the Tribe does not exercise its right under

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

8 transfer those funds to a private financial institution, the

9 Secretary shall enter into an agreement with the Tribe

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

11 expenditures from the Fund in addition to the plans set

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

13 (f) PER CAPITA DISTRIBUTIONS PROHIBITED.—No

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

15 to members of the Tribe.

16 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

18 amounts made available by appropriations for fiscal year

19 1999 for the Bureau of Reclamation, $1,000,000 shall be

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

21 study under section 7(a) and the regional study under sec22 tion 7(c), of which—

23 (1) $500,000 shall be used for the MR&I study

24 under section 7(a); and
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1 (2) $500,000 shall be used for the regional

2 study under section 7(c).

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

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

5 Bureau of Reclamation, for the purpose of conducting the

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

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

8 of which—

9 (1) $500,000 shall be used for the MR&I feasi10 bility study under section 7(a); and

11 (2) $2,500,000 shall be used for the regional

12 study under section 7(c).

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

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

15 by the Secretary as follows:

16 (1) TRIBAL COMPACT ADMINISTRATION AC17 COUNT.—For Tribal Compact Administration as18 sumed by the Tribe under the Compact and this Act,

19 $3,000,000 is authorized to be appropriated for fis20 cal year 2000.

21 (2) ECONOMIC DEVELOPMENT ACCOUNT.—For

22 tribal economic development, $3,000,000 is author23 ized to be appropriated for fiscal year 2000.

24 (3) FUTURE WATER SUPPLY FACILITIES AC25 COUNT.—For the total Federal contribution to the
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1 planning, design, construction, operation, mainte2 nance, and rehabilitation of a future water supply

3 system for the Reservation, there are authorized to

4 be appropriated—

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

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

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

8 (d) ON-RESERVATION WATER DEVELOPMENT.—

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

10 appropriated to the Department of the Interior, for

11 the Bureau of Reclamation, for the construction of

12 the on-Reservation water development projects au13 thorized by section 9—

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

15 the planning, design, and construction of the

16 Bonneau Dam enlargement, for the develop17 ment of additional capacity in Bonneau Res18 ervoir for storage of water secured to the Tribe

19 under the Compact;

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

21 the planning, design, and construction of the

22 East Fork Dam and Reservoir enlargement, of

23 the Brown’s Dam and Reservoir enlargement,

24 and of the Towe Ponds enlargement of which—
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1 (i) $4,000,000 shall be used for the

2 East Fork Dam and Reservoir enlarge3 ment;

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

5 Brown’s Dam and Reservoir enlargement;

6 and

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

8 Towe Ponds enlargement; and

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

10 the planning, design, and construction of such

11 other water resource developments as the Tribe,

12 with the approval of the Secretary, from time to

13 time may consider appropriate or for the com14 pletion of the 4 projects enumerated in sub15 paragraphs (A) and (B) of paragraph (1).

16 (2) UNEXPENDED BALANCES.—Any unex17 pended balance in the funds authorized to be appro18 priated under subparagraph (A) or (B) of paragraph

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

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

21 of section 9(a)—

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

23 completion of the enumerated projects; and

24 (B) then for other water resource develop25 ment projects on the Reservation.
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1 (e) ADMINISTRATION COSTS.—There is authorized to

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

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

4 for the costs of administration of the Bureau of Reclama5 tion under this Act, except that—

6 (1) if those costs exceed $1,000,000, the Bu7 reau of Reclamation may use funds authorized for

8 appropriation under subsection (d) for costs; and

9 (2) the Bureau of Reclamation shall exercise its

10 best efforts to minimize those costs to avoid expendi11 tures for the costs of administration under this Act

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

13 (f) AVAILABILITY OF FUNDS.—

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

15 be appropriated to the Fund and allocated to its ac16 counts pursuant to subsection (c) shall be deposited

17 into the Fund and allocated immediately on appro18 priation.

19 (2) INVESTMENTS.—Investments may be made

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

21 (3) AVAILABILITY OF CERTAIN MONEYS.—The

22 amounts made available for use under subsection (a)

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

24 the date on which those funds were appropriated.

25 The amounts authorized to be appropriated in sub-
30

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1 sections (b) and (c)(1) shall be available for use im2 mediately upon appropriation.

3 (4) LIMITATION.—Those moneys allocated by

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

5 established under section 10(a)(4) shall draw inter6 est consistent with section 10(d), but the moneys au7 thorized to be appropriated under subsection (d) and

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

9 available for expenditure until the requirements of

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

11 become final and the Tribe has executed the waiver

12 and release required under section 13(c).

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

14 (1) IN GENERAL.—In the event that the ap15 proval, ratification, and confirmation of the Compact

16 by the United States becomes null and void under

17 section 5(b), all unexpended funds appropriated

18 under the authority of this Act together with all in19 terest earned on such funds, notwithstanding wheth20 er the funds are held by the Tribe, a private institu21 tion, or the Secretary, shall revert to the general

22 fund of the Treasury 12 months after the expiration

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

24 (2) INCLUSION IN AGREEMENTS AND PLAN.—

25 The requirements in paragraph (1) shall be included
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1 in all annual funding agreements entered into under

2 the self-governance program under title IV of the In3 dian Self-Determination and Education Assistance

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

5 withdrawal agreements, or any other agreements for

6 withdrawal or transfer of the funds to the Tribe or

7 a private financial institution under this Act.

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

9 appropriated pursuant to authorizations under this Act

10 shall be available without fiscal year limitation.

11 SEC. 12. STATE CONTRIBUTIONS TO SETTLEMENT.

12 Consistent with Articles VI.C.2 and C.3 of the Com13 pact, the State contribution to settlement shall be as fol14 lows:

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

16 by Montana House Bill 6 of the 55th Legislative

17 Session (1997) shall be used for the following pur18 poses:

19 (A) Water quality discharge monitoring

20 wells and monitoring program.

21 (B) A diversion structure on Big Sandy

22 Creek.

23 (C) A conveyance structure on Box Elder

24 Creek.
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1 (D) The purchase of contract water from

2 Lower Beaver Creek Reservoir.

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

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

5 administration required by the Compact and for

6 water quality sampling required by the Compact.

7 SEC. 13. MISCELLANEOUS PROVISIONS.

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

9 to Tribal Resolution No. 40–98, and in exchange for bene10 fits under this Act, the Tribe shall not exercise the rights

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

12 in the event that the approval, ratification, and confirma13 tion of the Compact by the United States becomes null

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

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

16 Compact.

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

18 the extent provided in subsections (a), (b), and (c) of sec19 tion 208 of the Department of Justice Appropriation Act,

20 1953 (43 U.S.C. 666), nothing in this Act may be con21 strued to waive the sovereign immunity of the United

22 States.

23 (c) TRIBAL RELEASE OF CLAIMS AGAINST THE

24 UNITED STATES.—
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1 (1) IN GENERAL.—Pursuant to Tribal Resolu2 tion No. 40–98, and in exchange for benefits under

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

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

5 claims described in paragraph (2) against the United

6 States, the validity of which are not recognized by

7 the United States, except that—

8 (A) the waiver and release of claims shall

9 not become effective until the appropriation of

10 the funds authorized in section 11 has been

11 completed and the decree has become final in

12 accordance with the requirements of section

13 5(b); and

14 (B) in the event that the approval, ratifica15 tion, and confirmation of the Compact by the

16 United States becomes null and void under sec17 tion 5(b), the waiver and release of claims shall

18 become null and void.

19 (2) CLAIMS DESCRIBED.—The claims referred

20 to in paragraph (1) are as follows:

21 (A) Any and all claims to water rights (in22 cluding water rights in surface water, ground

23 water, and effluent), claims for injuries to

24 water rights, claims for loss or deprivation of

25 use of water rights, and claims for failure to ac-
34

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1 quire or develop water rights for lands of the

2 Tribe from time immemorial to the date of rati3 fication of the Compact by Congress.

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

5 negotiation of the Compact and the settlement

6 authorized by this Act.

7 (3) SETOFFS.—In the event the waiver and re8 lease do not become effective as set forth in para9 graph (1)—

10 (A) the United States shall be entitled to

11 setoff against any claim for damages asserted

12 by the Tribe against the United States, any

13 funds transferred to the Tribe pursuant to sec14 tion 11, and any interest accrued thereon up to

15 the date of setoff; and

16 (B) the United States shall retain any

17 other claims or defenses not waived in this Act

18 or in the Compact as modified by this Act.

19 (d) OTHER TRIBES NOT ADVERSELY AFFECTED.—

20 Nothing in this Act is intended to quantify or otherwise

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

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

23 the Chippewa Cree Tribe.

24 (e) ENVIRONMENTAL COMPLIANCE.—In imple25 menting the Compact, the Secretary shall comply with all
35

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1 aspects of the National Environmental Policy Act of 1969

2 (42 U.S.C. 4321 et seq.), the Endangered Species Act of

3 1973 (16 U.S.C. 1531 et seq.), and all other applicable

4 environmental Acts and regulations.

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

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

7 not constitute a major Federal action under the National

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

9 Secretary is directed to carry out all necessary environ10 mental compliance required by Federal law in imple11 menting the Compact.

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

13 is intended to—

14 (1) alter the trust responsibility of the United

15 States to the Tribe; or

16 (2) prohibit the Tribe from seeking additional

17 authorization or appropriation of funds for tribal

18 programs or purposes.

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

20 shall be construed or interpreted as a precedent for the

21 litigation of reserved water rights or the interpretation or

22 administration of future water settlement Acts.