II

103D CONGRESS

2D SESSION S. 1903

To ratify a compact between the Assiniboine and Sioux Indian Tribes of

the Fort Peck Reservation and the State of Montana.

IN THE SENATE OF THE UNITED STATES

MARCH 8 (legislative day, FEBRUARY 22), 1994

Mr. BAUCUS (for himself, Mr. BURNS and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on Indian

Affairs

A BILL

To ratify a compact between the Assiniboine and Sioux Indian Tribes of the Fort Peck Reservation and the State

of 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Fort Peck Indian

5 Tribes-Montana Compact Act of 1994’’.

6 SEC. 2. RATIFICATION OF COMPACT.

7 The Fort Peck Indian Tribes-Montana Compact is

8 approved, ratified and confirmed.
2

•S 1903 IS

1 SEC. 3. AGREEMENTS RELATED TO USE OF WATER RIGHTS.

2 (a) TRIBAL AUTHORITY TO ENTER INTO AGREE3 MENTS.—Subject to the approval of the Secretary and to

4 all terms of the Fort Peck Indian Tribes-Montana Com5 pact, the Tribes may enter into a joint venture, service

6 contract, lease, exchange or other agreement (hereafter re7 ferred to in this Act as a ‘‘Water Agreement’’), or a modi8 fication of such agreement, that authorizes—

9 (1) the delivery, use or transfer of any part of

10 the water rights confirmed in the Tribes by the Fort

11 Peck Indian Tribes-Montana Compact, for a speci12 fied term, not to exceed 50 years, inclusive of all re13 newal periods; or

14 (2) the diversion or use of any portion of a trib15 al water right within or outside the Reservation.

16 (b) APPROVAL BY SECRETARY.—The Secretary shall

17 approve or disapprove a Water Agreement, or a modifica18 tion of such agreement, within—

19 (1) 180 days after submission of the agreement

20 or modification to the Secretary; or

21 (2) 60 days after compliance, if required, with

22 section 102(2)(C) of the National Environmental

23 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) and with

24 any other applicable provision of Federal law;

25 whichever is later.
3

•S 1903 IS

1 (c) ENFORCEMENT.—A party to a Water Agreement

2 or modification may enforce the provisions of subsection

3 (b) in accordance with the provisions of section 1361 of

4 title 28, United States Code.

5 (d) CONFIDENTIALITY.—Notwithstanding any other

6 provision of law, the Department of the Interior shall

7 treat—

8 (1) any projection, study, data or other infor9 mation under the control of the Department of the

10 Interior relating to the terms and conditions of a

11 Water Agreement or modification of such an agree12 ment; or

13 (2) any information relating to a financial bene14 fit accruing to the Tribes as a result of a Water

15 Agreement or modification of such an agreement;

16 as the privileged, proprietary information of the Tribes.

17 SEC. 4. DEFINITIONS.

18 For purposes of this Act—

19 (1) The term ‘‘Fort Peck Indian Tribes-Mon20 tana Compact’’ means the compact relating to the

21 reserved water rights of the Assiniboine and Sioux

22 Tribes of the Fort Peck Reservation that was rati23 fied by the Tribes on April 29, 1985, and by the leg24 islature of the State of Montana on May 15, 1985.
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•S 1903 IS

1 (2) The term ‘‘Reservation’’ means the Fort

2 Peck Indian Reservation, as defined in the agree3 ment of December 28, 1886, and December 31,

4 1886, and as confirmed by the Act approved May 1,

5 1888 (25 Stat. 113).

6 (3) The term ‘‘Secretary’’ means the Secretary

7 of the Interior.

8 (4) The term ‘‘Tribes’’ means the Assiniboine

9 and Sioux Tribes of the Fort Peck Indian Reserva10 tion.

11 (5) The term ‘‘tribal water right’’ means the

12 tribal water right defined in, and subject to, the

13 Fort Peck-Montana Compact.

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