II

105TH CONGRESS

1ST SESSION S. 1425

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

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

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

Mr. BURNS introduced the following bill; which was read twice and referred

to the Committee on Indian Affairs

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 Indian 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 INDIAN IRRIGATION PROJECT, MON6 TANA.

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

8 and protect the viability and sustainability of the family
2

•S 1425 IS

1 farms and ranches of the Jocko Valley, Camas Valley, and

2 Mission Valley, Montana, through the transfer of respon3 sibility for operation and maintenance of the Flathead In4 dian Irrigation Project in Montana.

5 (b) DEFINITIONS.—In this Act:

6 (1) IRRIGATION DISTRICT.—The term ‘‘irriga7 tion district’’ means 1 or more irrigation districts or8 ganized in accordance with the paragraph relating to

9 the irrigation systems on the Flathead Indian Res10 ervation, Montana, under the subheading ‘‘IRRIGA11 TION AND DRAINAGE’’ under the heading ‘‘BU12 REAU OF INDIAN AFFAIRS’’ in the Act of May

13 10, 1926 (44 Stat. 464; chapter 277).

14 (2) PROJECT.—The term ‘‘Project’’ means the

15 Flathead Indian Irrigation Project constructed

16 under section 14 of the Act of April 23, 1904 (33

17 Stat. 305, chapter 1495) and section 14 of the Act

18 of May 29, 1908 (35 Stat. 450, chapter 216).

19 (c) CONTRACT.—Not later than 1 year after the date

20 of enactment of this Act, the Secretary of the Interior (in

21 this Act referred to as the ‘‘Secretary’’) shall offer to enter

22 into a contract with the irrigation district under which the

23 irrigation district will operate and manage the Project, in24 cluding all rights and powers exercised by the Secretary

25 in the operation of the works, which include the right to
3

•S 1425 IS

1 use permanent easements purchased under the Act of May

2 25, 1948 (62 Stat. 269, chapter 340).

3 (d) TIMING.—The Secretary shall commence negotia4 tions with the irrigation district as soon as practicable to

5 enable the Secretary and the irrigation district to enter

6 into the contract not later than 1 year after the date of

7 enactment of this Act.

8 (e) PROPERTY RIGHTS.—

9 (1) IN GENERAL.—Under the contract, the Sec10 retary shall transfer to the irrigation district owner11 ship of all equipment, machinery, office supplies,

12 and other supplies and equipment paid for with op13 eration and maintenance funds related to the

14 project.

15 (2) INVENTORY LIST.—The Secretary shall pro16 vide an inventory list of all supplies and equipment

17 at the Project as of October 31, 1997, that were

18 purchased with operation and maintenance funds.

19 (f) INTERIOR INSTREAM FLOWS.—Under the con20 tract, the irrigation district shall maintain interim

21 instream flows necessary to preserve fisheries pending ad22 judication of water rights and, after the adjudication has

23 become final, as required by adjudication.

24 (g) REPAYMENT OBLIGATIONS.—The contract shall

25 have no effect on obligations governing the repayment of
4

•S 1425 IS

1 the construction costs of the Project as of the date of en2 actment of this Act.

3 (h) WATER RIGHTS.—This Act does not affect the

4 negotiation of water rights between the State of Montana,

5 the United States, and the Confederated Salish and

6 Kootenai Tribes.

7 (i) TERMINATION.—

8 (1) IN GENERAL.—The contract shall be subject

9 to termination if a court of the United States finds

10 that the irrigation district have operated, and persist

11 in operating, the Project in such a manner as the ir12 rigation district know is likely to damage tribal trust

13 assets.

14 (2) PRESUMPTION.—For the purposes of para15 graph (1), continued operation of the Project as it

16 was operated on October 31, 1997, shall be pre17 sumed to provide adequate protection of tribal trust

18 assets, and any changes in operation required as a

19 result of new information or a judicial decision shall

20 not be a ground for termination of the contract.

Æ