Calendar No. 714

105TH CONGRESS

2D SESSION S. 1771

A BILL

To amend the Colorado Ute Indian Water Rights

and for other purposes.of the claims of the Colorado Ute Indian Tribes,Settlement Act to provide for a final settlement

OCTOBER 9 (legislative day, OCTOBER 2), 1998

Reported with an amendment and an amendment to the

title
II

Calendar No. 714

105TH CONGRESS

2D SESSION S. 1771

To amend the Colorado Ute Indian Water Rights Settlement Act to provide

for a final settlement of the claims of the Colorado Ute Indian Tribes,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 17, 1998

Mr. CAMPBELL (for himself and Mr. ALLARD) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

OCTOBER 9 (legislative day, OCTOBER 2), 1998

Reported by Mr. CAMPBELL, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Colorado Ute Indian Water Rights Settlement

Act to provide for a final settlement of the claims of

the Colorado Ute Indian Tribes, 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; FINDINGS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Colorado Ute Settlement Act Amendments of 1998’’.
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1 (b) FINDINGS.—Congress finds that in order to pro2 vide for a full and final settlement of the claims of the

3 Colorado Ute Indian Tribes, the Tribes have agreed to re4 duced water supply facilities.

5 SEC. 2. DEFINITIONS.

6 In this Act:

7 (1) AGREEMENT.—The term ‘‘Agreement’’ has

8 the meaning given that term in section 3(1) of the

9 Colorado Ute Indian Water Rights Settlement Act of

10 1988 (Public Law 100–585).

11 (2) ANIMAS-LA PLATA PROJECT.—The term

12 ‘‘Animas-La Plata Project’’ has the meaning given

13 that term in section 3(2) of the Colorado Ute Indian

14 Water Rights Settlement Act of 1988 (Public Law

15 100–585).

16 (3) DOLORES PROJECT.—The term ‘‘Dolores

17 Project’’ has the meaning given that term in section

18 3(3) of the Colorado Ute Indian Water Rights Set19 tlement Act of 1988 (Public Law 100–585).

20 (4) TRIBE; TRIBES.—The term ‘‘Tribe’’ or

21 ‘‘Tribes’’ has the meaning given that term in section

22 3(6) of the Colorado Ute Indian Water Rights Set23 tlement Act of 1988 (Public Law 100–585).
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1 SEC. 3. AMENDMENTS TO THE COLORADO UTE INDIAN

2 WATER RIGHTS SETTLEMENT ACT OF 1988.

3 (a) RESERVOIR; MUNICIPAL AND INDUSTRIAL

4 WATER.—Section 6(a) of the Colorado Ute Indian Water

5 Rights Settlement Act of 1988 (Public Law 100–585) is

6 amended to read as follows:

7 ‘‘(a) RESERVOIR; MUNICIPAL AND INDUSTRIAL

8 WATER.—

9 ‘‘(1) IN GENERAL.—After the date of enact10 ment of the Colorado Ute Settlement Act Amend11 ments of 1998, the Secretary shall provide—

12 ‘‘(A) for the construction, as components

13 of the Animas-La Plata Project, of—

14 ‘‘(i) a reservoir with a storage capac15 ity of 260,000 acre-feet; and

16 ‘‘(ii) a pumping plant and a reservoir

17 inlet conduit; and

18 ‘‘(B) through the use of the project compo19 nents referred to in subparagraph (A), munici20 pal and industrial water allocations in such

21 manner as to result in allocations—

22 ‘‘(i) to the Southern Ute Tribe, with

23 an average annual depletion of an amount

24 not to exceed 16,525 acre-feet of water;

25 ‘‘(ii) to the Ute Mountain Ute Indian

26 Tribe, with an average annual depletion of
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1 an amount not to exceed 16,525 acre-feet

2 of water;

3 ‘‘(iii) to the Navajo Nation, with an

4 average annual depletion of an amount not

5 to exceed 2,340 acre-feet of water;

6 ‘‘(iv) to the San Juan Water Commis7 sion, with an average annual depletion of

8 an amount not to exceed 10,400 acre-feet

9 of water; and

10 ‘‘(v) to the Animas-La Plata Conser11 vancy District, with an average annual de12 pletion of an amount not to exceed 2,600

13 acre-feet of water.

14 ‘‘(2) TRIBAL CONSTRUCTION COSTS.—Construc15 tion costs allocable to the Navajo Nation and to each

16 Tribe’s municipal and industrial water allocation

17 from the Animas-La Plata Project shall be non18 reimbursable.

19 ‘‘(3) NONTRIBAL WATER CAPITAL OBLIGA20 TIONS.—The nontribal municipal and industrial

21 water capital repayment obligations for the Animas22 La Plata Project shall be satisfied, upon the pay23 ment in full—

24 ‘‘(A) by the San Juan Water Commission,

25 of an amount equal to $8,600,000;
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1 ‘‘(B) by the Animas-La Plata Water Con2 servancy District, of an amount equal to

3 $4,400,000; and

4 ‘‘(C) by the State of Colorado, of an

5 amount equal to $16,000,000, as a portion of

6 the cost-sharing obligation of the State of Colo7 rado recognized in the Agreement in Principle

8 Concerning the Colorado Ute Indian Water

9 Rights Settlement and Animas-La Plata Cost

10 Sharing that the State of Colorado entered into

11 on June 30, 1986.

12 ‘‘(4) CERTAIN NONREIMBURSABLE COSTS.—

13 Any cost of a component of the Animas-La Plata

14 Project described in paragraph (1) that is attributed

15 to and required for recreation, environmental com16 pliance and mitigation, the protection of cultural re17 sources, or fish and wildlife mitigation and enhance18 ment shall be nonreimbursable.

19 ‘‘(5) TRIBAL WATER ALLOCATIONS.—

20 ‘‘(A) IN GENERAL.—With respect to mu21 nicipal and industrial water allocated to a Tribe

22 from the Animas-La Plata Project or the Dolo23 res Project, until that water is first used by a

24 Tribe or pursuant to a water use contract with

25 the Tribe, the Secretary shall pay the annual
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1 operation, maintenance, and replacement costs

2 allocable to that municipal and industrial water

3 allocation of the Tribe.

4 ‘‘(B) TREATMENT OF COSTS.—A Tribe

5 shall not be required to reimburse the Secretary

6 for the payment of any cost referred to in sub7 paragraph (A).

8 ‘‘(6) REPAYMENT OF PRO RATA SHARE.—As an

9 increment of a municipal and industrial water alloca10 tion of a Tribe described in paragraph (5) is first

11 used by a Tribe or is first used pursuant to the

12 terms of a water use contract with the Tribe—

13 ‘‘(A) repayment of that increment’s pro

14 rata share of those allocable construction costs

15 for the Dolores Project shall commence by the

16 Tribe; and

17 ‘‘(B) the Tribe shall commence bearing

18 that increment’s pro rata share of the allocable

19 annual operation, maintenance, and replace20 ment costs referred to in paragraph (5)(A).’’.

21 (b) REMAINING WATER SUPPLIES.—Section 6(b) of

22 the Colorado Ute Indian Water Rights Settlement Act of

23 1988 (Public Law 100–585) is amended by adding at the

24 end the following:
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1 ‘‘(3) At the request of the Animas-La Plata

2 Water Conservancy District of Colorado or the La

3 Plata Conservancy District of New Mexico, the Sec4 retary shall take such action as may be necessary to

5 provide, after the date of enactment of the Colorado

6 Ute Settlement Act Amendments of 1998, water al7 locations—

8 ‘‘(A) to the Animas-La Plata Water Con9 servancy District of Colorado, with an average

10 annual depletion of an amount not to exceed

11 5,230 acre-feet of water; and

12 ‘‘(B) to the La Plata Conservancy District

13 of New Mexico, with an average annual deple14 tion of an amount not to exceed 780 acre-feet

15 of water.

16 ‘‘(4) If depletions of water in addition to the

17 depletions otherwise permitted under this subsection

18 may be made in a manner consistent with the re19 quirements of the Endangered Species Act of 1973

20 (16 U.S.C. 1531 et seq.), the Secretary shall provide

21 for those depletions by making allocations among the

22 beneficiaries of the Animas-La Plata Project in ac23 cordance with an agreement among the beneficiaries

24 relating to those allocations.’’.
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1 (c) MISCELLANEOUS.—Section 6 of the Colorado Ute

2 Indian Water Rights Settlement Act of 1988 (Public Law

3 100–585) is amended by adding at the end the following:

4 ‘‘(i) TRANSFER OF WATER RIGHTS.—Upon request

5 of the State Engineer of the State of New Mexico, the

6 Secretary shall, in a manner consistent with applicable

7 State law, transfer, without consideration, to the New

8 Mexico Animas-La Plata Project beneficiaries or the New

9 Mexico Interstate Stream Commission all of the interests

10 in water rights of the Department of the Interior under

11 New Mexico Engineer permit number 2883, Book M–2,

12 dated May 1, 1956, in order to fulfill the New Mexico pur13 poses of the Animas-La Plata Project.

14 ‘‘(j) TREATMENT OF CERTAIN REPORTS.—

15 ‘‘(1) IN GENERAL.—The April 1996 Final Sup16 plement to the Final Environmental Impact State17 ment, Animas-La Plata Project issued by the De18 partment of the Interior and all documents incor19 porated therein and attachments thereto, and the

20 February 19, 1996, Final Biological Opinion of the

21 United States Fish and Wildlife Service, Animas-La

22 Plata Project shall be considered to be adequate to

23 satisfy any applicable requirement under the Endan24 gered Species Act of 1973 (16 U.S.C. 1531 et seq.),

25 the National Environmental Policy Act of 1969 (42
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1 U.S.C. 4321 et seq.) or the Federal Water Pollution

2 Control Act (33 U.S.C. 1251 et seq.) with respect

3 to—

4 ‘‘(A) the amendments made to this section

5 by the Colorado Ute Settlement Act Amend6 ments of 1998;

7 ‘‘(B) the initiation of, and completion of

8 construction of the facilities described in this

9 section; and

10 ‘‘(C) an aggregate depletion of 57,100

11 acre-feet of water (or any portion thereof) as

12 described and approved in that biological opin13 ion.

14 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in

15 this subsection shall affect—

16 ‘‘(A) the construction of facilities that are

17 not described in this section; or

18 ‘‘(B) any use of water that is not described

19 and approved by the Director of the United

20 States Fish and Wildlife Service in the final bi21 ological opinion described in paragraph (1).

22 ‘‘(k) FINAL SETTLEMENT.—

23 ‘‘(1) IN GENERAL.—The provision of water to

24 the Tribes in accordance with this section shall con-
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1 stitute final settlement of the tribal claims to water

2 rights on the Animas and La Plata Rivers.

3 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in

4 this section may be construed to affect the right of

5 the Tribes to water rights on the streams and rivers

6 described in the Agreement, other than the Animas

7 and La Plata Rivers, to participate in the Animas8 La Plata Project, to receive the amounts of water

9 dedicated to tribal use under the Agreement, or to

10 acquire water rights under the laws of the State of

11 Colorado.

12 ‘‘(3) ACTION BY THE ATTORNEY GENERAL.—

13 The Attorney General of the United States shall file

14 with the District Court, Water Division Number 7,

15 of the State of Colorado such instruments as may be

16 necessary to request the court to amend the final

17 consent decree to provide for the amendments made

18 to this section under section 2 of the Colorado Ute

19 Settlement Act Amendments of 1998.’’.

20 SEC. 4. STATUTORY CONSTRUCTION; TREATMENT OF CER21 TAIN FUNDS.

22 (a) IN GENERAL.—Nothing in the amendments made

23 by this Act to section 6 of the Colorado Ute Indian Water

24 Rights Settlement Act of 1988 (Public Law 100–585)

25 shall affect—
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1 (1) the applicability of any other provision of

2 that Act;

3 (2) the obligation of the Secretary of the Inte4 rior to deliver water from the Dolores Project and

5 to complete the construction of the facilities located

6 on the Ute Mountain Ute Indian Reservation de7 scribed in—

8 (A) the Department of the Interior and

9 Related Agencies Appropriations Act, 1991

10 (Public Law 101–512);

11 (B) the Department of the Interior and

12 Related Agencies Appropriations Act, 1992

13 (Public Law 102–154);

14 (C) the Department of the Interior and

15 Related Agencies Appropriations Act, 1993

16 (Public Law 102–381);

17 (D) the Department of the Interior and

18 Related Agencies Appropriations Act, 1994

19 (Public Law 103–138); and

20 (E) the Department of the Interior and

21 Related Agencies Appropriations Act, 1995

22 (Public Law 103–332); or

23 (3) the treatment of the uncommitted portion of

24 the cost-sharing obligation of the State of Colorado

25 referred to in subsection (b).
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1 (b) TREATMENT OF UNCOMMITTED PORTION OF

2 COST-SHARING OBLIGATION.—The uncommitted portion

3 of the cost-sharing obligation of the State of Colorado re4 ferred to in section 6(a)(3) of the Colorado Ute Indian

5 Water Rights Settlement Act of 1988 (Public Law 100–

6 585), as added by section 3 of this Act, remains available

7 after the date of payment of the amount specified in that

8 section and may be used to assist in the funding of any

9 component of the Animas-La Plata Project that is not de10 scribed in such section 6(a)(3).

11 SECTION 1. SHORT TITLE.

12 This Act may be cited as the ‘‘Chippewa Cree Tribe

13 of the Rocky Boy’s Reservation Indian Reserved Water

14 Rights Settlement Act of 1998’’.

15 SEC. 2. FINDINGS.

16 (a) FINDINGS.—Congress finds that—

17 (1) in fulfillment of its trust responsibility to In18 dian tribes and to promote tribal sovereignty and eco19 nomic self-sufficiency, it is the policy of the United

20 States to settle the water rights claims of the tribes

21 without lengthy and costly litigation;

22 (2) the Rocky Boy’s Reservation was established

23 as a homeland for the Chippewa Cree Tribe;

24 (3) adequate water for the Chippewa Cree Tribe

25 of the Rocky Boy’s Reservation is important to a per-
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1 manent, sustainable, and sovereign homeland for the

2 Tribe and its members;

3 (4) the sovereignty of the Chippewa Cree Tribe

4 and the economy of the Reservation depend on the de5 velopment of the water resources of the Reservation;

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

7 facilities needed to utilize water supplies effectively

8 are necessary to the development of a viable Reserva9 tion economy and to implementation of the Chippewa

10 Cree-Montana Water Rights Compact;

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

12 water-short area of Montana and the Compact con13 templates the development of additional water sup14 plies, including importation of domestic water, to

15 meet the needs of the Chippewa Cree Tribe;

16 (7) proceedings to determine the full extent of the

17 water rights of the Chippewa Cree Tribe are currently

18 pending before the Montana Water Court as a part of

19 In the Matter of the Adjudication of All Rights to the

20 Use of Water, Both Surface and Underground, within

21 the State of Montana;

22 (8) recognizing that final resolution of the gen23 eral stream adjudication will take many years and

24 entail great expense to all parties, prolong uncer25 tainty as to the availability of water supplies, and se-
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1 riously impair the long-term economic planning and

2 development of all parties, the Chippewa Cree Tribe

3 and the State of Montana entered into the Compact

4 on April 14, 1997; and

5 (9) the allocation of water resources from the

6 Tiber Reservoir to the Chippewa Cree Tribe under

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

8 and economic characteristics of the area and situation

9 involved.

10 SEC. 3. PURPOSES.

11 The purposes of this Act are as follows:

12 (1) To achieve a fair, equitable, and final settle13 ment of all claims to water rights in the State of

14 Montana for—

15 (A) the Chippewa Cree Tribe; and

16 (B) the United States for the benefit of the

17 Chippewa Cree Tribe.

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

19 in this Act, the Chippewa Cree-Montana Water

20 Rights Compact entered into by the Chippewa Cree

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

22 of Montana on April 14, 1997, and to provide fund23 ing and other authorization necessary for the imple24 mentation of the Compact.
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1 (3) To authorize the Secretary of the Interior to

2 execute and implement the Compact referred to in

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

4 necessary to implement the Compact in a manner

5 consistent with this Act.

6 (4) To authorize Federal feasibility studies de7 signed to identify and analyze potential mechanisms

8 to enhance, through conservation or otherwise, water

9 supplies in North Central Montana, including mecha10 nisms to import domestic water supplies for the fu11 ture growth of the Rocky Boy’s Indian Reservation.

12 (5) To authorize certain projects on the Rocky

13 Boy’s Indian Reservation, Montana, in order to im14 plement the Compact.

15 (6) To authorize certain modifications to the

16 purposes and operation of the Bureau of Reclama17 tion’s Tiber Dam and Lake Elwell on the Marias

18 River in Montana in order to implement the Com19 pact.

20 (7) To authorize appropriation of funds nec21 essary for the implementation of the Compact.

22 SEC. 4. DEFINITIONS.

23 In this Act:

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

25 water rights compact between the Chippewa Cree
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1 Tribe of the Rocky Boy’s Reservation and the State

2 of Montana contained in section 85–20–601 of the

3 Montana Code Annotated (1997).

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

5 approval of the decree in section 5(b) means comple6 tion of any direct appeal to the Montana Supreme

7 Court of a final decree by the Water Court pursuant

8 to section 85–2–235 of the Montana Code Annotated

9 (1997), or to the Federal Court of Appeals, including

10 the expiration of the time in which a petition for cer11 tiorari may be filed in the United States Supreme

12 Court, denial of such a petition, or the issuance of the

13 Supreme Court’s mandate, whichever occurs last.

14 (3) FUND.—The term ‘‘Fund’’ means the Chip15 pewa Cree Indian Reserved Water Rights Settlement

16 Fund established under section 10.

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

18 the meaning given that term in section 101(2) of the

19 Federally Recognized Indian Tribe List Act of 1994

20 (25 U.S.C. 479a(2)).

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

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

23 and industrial, domestic, and incidental drought re24 lief feasibility study described in section 7.
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1 (6) MISSOURI RIVER SYSTEM.—The term ‘‘Mis2 souri River System’’ means the mainstem of the Mis3 souri River and its tributaries, including the Marias

4 River.

5 (7) RECLAMATION LAW.—The term ‘‘Reclamation

6 Law’’ has the meaning given the term ‘‘reclamation

7 law’’ in section 4 of the Act of December 5, 1924 (43

8 Stat. 701, chapter 4; 43 U.S.C. 371).

9 (8) ROCKY BOY’S RESERVATION; RESERVATION.—

10 The term ‘‘Rocky Boy’s Reservation’’ or ‘‘Reserva11 tion’’ means the Rocky Boy’s Reservation of the Chip12 pewa Cree Tribe in Montana.

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

14 the Secretary of the Interior, or his or her duly au15 thorized representative.

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

17 means the reservoir or reservoirs referred to as

18 ‘‘Stoneman Reservoir’’ in the Compact.

19 (11) TRIBAL COMPACT ADMINISTRATION.—The

20 term ‘‘Tribal Compact Administration’’ means the ac21 tivities assumed by the Tribe for implementation of

22 the Compact as set forth in Article IV of the Compact.

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

24 water code’’ means a water code adopted by the Tribe,

25 as provided in the Compact.
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1 (13) TRIBAL WATER RIGHT.—

2 (A) IN GENERAL.—The term ‘‘Tribal Water

3 Right’’ means the water right set forth in section

4 85–20–601 of the Montana Code Annotated

5 (1997).

6 (B) RULE OF CONSTRUCTION.—The defini7 tion of the term ‘‘Tribal Water Right’’ under this

8 paragraph and the treatment of that right under

9 this Act shall not be construed or interpreted as

10 a precedent for the litigation of reserved water

11 rights or the interpretation or administration of

12 future compacts between the United States and

13 the State of Montana or any other State.

14 (14) TRIBE.—The term ‘‘Tribe’’ means the Chip15 pewa Cree Tribe of the Rocky Boy’s Reservation and

16 all officers, agents, and departments thereof.

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

18 development’’ includes all activities that involve the

19 use of water or modification of water courses or water

20 bodies in any way.

21 SEC. 5. RATIFICATION OF COMPACT AND ENTRY OF DE22 CREE.

23 (a) WATER RIGHTS COMPACT APPROVED.—Except as

24 modified by this Act, and to the extent the Compact does

25 not conflict with this Act—
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1 (1) the Compact, entered into by the Chippewa

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

3 State of Montana on April 14, 1997, is hereby ap4 proved, ratified, and confirmed; and

5 (2) the Secretary shall execute and implement

6 the Compact together with any amendments agreed to

7 by the parties or necessary to bring the Compact into

8 conformity with this Act, and shall take such other

9 actions as are necessary to implement the Compact.

10 (b) APPROVAL OF DECREE.—

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

12 the date of enactment of this Act, the United States,

13 the Tribe, or the State of Montana shall petition the

14 Montana Water Court, individually or jointly, to

15 enter and approve the decree agreed to by the United

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

17 as Appendix 1 to the Compact, or any amended ver18 sion thereof agreed to by the United States, the Tribe,

19 and the State of Montana.

20 (2) RESORT TO THE FEDERAL DISTRICT

21 COURT.—Under the circumstances set forth in Article

22 VII.B.4 of the Compact, 1 or more parties may file

23 an appropriate motion (as provided in that article)

24 to the United States district court of appropriate ju25 risdiction.
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1 (3) EFFECT OF FAILURE OF APPROVAL TO BE2 COME FINAL.—In the event the approval by the ap3 propriate court, including any direct appeal, does not

4 become final within 3 years after the filing of the de5 cree, or the decree is approved but is subsequently set

6 aside by the appropriate court—

7 (A) the approval, ratification, and con8 firmation of the Compact by the United States

9 shall be null and void;

10 (B) this Act shall be of no further force and

11 effect; and

12 (C) the Tribe shall be authorized to with13 draw its approval, ratification, and confirma14 tion of the Compact.

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

16 (a) ADMINISTRATION AND ENFORCEMENT.—As pro17 vided in the Compact, until the adoption and approval of

18 a tribal water code by the Tribe, the Secretary shall admin19 ister and enforce the Tribal Water Right.

20 (b) TRIBAL MEMBER ENTITLEMENT.—

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

22 Indian reserved water of any tribal member shall be

23 satisfied solely from the water secured to the Tribe by

24 the Compact and shall be governed by the terms and

25 conditions of the Compact.
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1 (2) ADMINISTRATION.—An entitlement described

2 in paragraph (1) shall be administered by the Tribe

3 pursuant to a tribal water code developed and adopt4 ed pursuant to Article IV.A.2 of the Compact, or by

5 the Secretary pending the adoption and approval of

6 the tribal water code.

7 (c) TEMPORARY TRANSFER OF TRIBAL WATER

8 RIGHT.—Notwithstanding any other provision of statutory

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

10 Secretary and subject to the limitations and conditions set

11 forth in the Compact, including limitation on transfer of

12 any portion of the Tribal Water Right to within the Mis13 souri River Basin, enter into a service contract, lease, ex14 change, or other agreement providing for the temporary de15 livery, use, or transfer of the water rights confirmed to the

16 Tribe in the Compact, except that no service contract, lease,

17 exchange, or other agreement entered into under this sub18 section may permanently alienate any portion of the Tribal

19 Water Right.

20 SEC. 7. FEASIBILITY STUDIES AUTHORIZATION.

21 (a) MUNICIPAL, RURAL, AND INDUSTRIAL FEASIBILITY

22 STUDY.—

23 (1) IN GENERAL.—The Secretary, through the

24 Bureau of Reclamation, shall perform an MR&I fea25 sibility study of water and related resources in North
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1 Central Montana to evaluate alternatives for a mu2 nicipal, rural, and industrial supply for the Rocky

3 Boy’s Reservation.

4 (2) CONTENTS OF STUDY.—The MR&I feasibility

5 study shall include the feasibility of releasing the

6 Tribe’s Tiber allocation as provided in section 8 into

7 the Missouri River System for later diversion to a

8 treatment and delivery system for the Rocky Boy’s

9 Reservation.

10 (3) UTILIZATION OF EXISTING STUDIES.—The

11 MR&I feasibility study shall include utilization of ex12 isting Federal and non-Federal studies and shall be

13 planned and conducted in consultation with other

14 Federal agencies, the State of Montana, and the Chip15 pewa Cree Tribe.

16 (b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED

17 OFF-RESERVATION SYSTEM.—The United States, the Chip18 pewa Cree Tribe of the Rocky Boy’s Reservation, and the

19 State of Montana shall not be obligated to accept or partici20 pate in any potential off-Reservation water supply system

21 identified in the MR&I feasibility study authorized in sub22 section (a).

23 (c) REGIONAL FEASIBILITY STUDY.—

24 (1) IN GENERAL.—The Secretary, through the

25 Bureau of Reclamation, shall conduct, pursuant to
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1 Reclamation Law, a regional feasibility study (re2 ferred to in this subsection as the ‘‘regional feasibility

3 study’’) to evaluate water and related resources in

4 North-Central Montana in order to determine the lim5 itations of those resources and how those resources can

6 best be managed and developed to serve the needs of

7 the citizens of Montana.

8 (2) CONTENTS OF STUDY.—The regional feasibil9 ity study shall—

10 (A) evaluate existing and potential water

11 supplies, uses, and management;

12 (B) identify major water-related issues, in13 cluding environmental, water supply, and eco14 nomic issues;

15 (C) evaluate opportunities to resolve the

16 issues referred to in subparagraph (B); and

17 (D) evaluate options for implementation of

18 resolutions to the issues.

19 (3) REQUIREMENTS.—Because of the regional

20 and international impact of the regional feasibility

21 study, the study may not be segmented. The regional

22 study shall—

23 (A) utilize, to the maximum extent possible,

24 existing information; and
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1 (B) be planned and conducted in consulta2 tion with all affected interests, including inter3 ests in Canada.

4 SEC. 8. TIBER RESERVOIR ALLOCATION.

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

6 (1) IN GENERAL.—The Secretary shall perma7 nently allocate to the Tribe, without cost to the Tribe,

8 10,000 acre-feet per year of stored water from the

9 water right of the Bureau of Reclamation in Lake

10 Elwell, Lower Marias Unit, Upper Missouri Division,

11 Pick-Sloan Missouri Basin Program, Montana, meas12 ured at the outlet works of the dam or at the diversion

13 point from the reservoir. The allocation shall become

14 effective when the decree referred to in section 5(b) has

15 become final in accordance with that section.

16 (2) AGREEMENT.—The Secretary shall enter into

17 an agreement with the Tribe setting forth the terms

18 of the allocation and providing for the Tribe’s use or

19 temporary transfer of water stored in Lake Elwell,

20 subject to the terms and conditions of the Compact

21 and this Act.

22 (3) PRIOR RESERVED WATER RIGHTS.—The allo23 cation provided in this section shall be subject to the

24 prior reserved water rights, if any, of any Indian
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1 tribe, or person claiming water through any Indian

2 tribe.

3 (b) USE AND TEMPORARY TRANSFER OF ALLOCA4 TION.—

5 (1) IN GENERAL.—Subject to the limitations and

6 conditions set forth in the Compact and this Act, the

7 Tribe shall have the right to devote the water allocated

8 by this section to any use, including agricultural,

9 municipal, commercial, industrial, mining, or rec10 reational uses, within or outside the Rocky Boy’s Res11 ervation.

12 (2) CONTRACTS AND AGREEMENTS.—Notwith13 standing any other provision of statutory or common

14 law, the Tribe may, with the approval of the Sec15 retary and subject to the limitations and conditions

16 set forth in the Compact, enter into a service contract,

17 lease, exchange, or other agreement providing for the

18 temporary delivery, use, or transfer of the water allo19 cated by this section, except that no such service con20 tract, lease, exchange, or other agreement may perma21 nently alienate any portion of the tribal allocation.

22 (c) REMAINING STORAGE.—The United States shall re23 tain the right to use for any authorized purpose, any and

24 all storage remaining in Lake Elwell after the allocation

25 made to the Tribe in subsection (a)(1).
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1 (d) WATER TRANSPORT OBLIGATION; DEVELOPMENT

2 AND DELIVERY COSTS.—The United States shall have no

3 responsibility or obligation to provide any facility for the

4 transport of the water allocated by this section to the Rocky

5 Boy’s Reservation or to any other location. Except for the

6 contribution set forth in section 11(b)(3), the cost of develop7 ing and delivering the water allocated by this section or

8 any other supplemental water to the Rocky Boy’s Reserva9 tion shall not be borne by the United States.

10 (e) ACT NOT PRECEDENTIAL.—The provisions of this

11 section regarding the allocation of water resources from the

12 Tiber Reservoir to the Tribe shall not be construed as prece13 dent in the litigation or settlement of any other Indian

14 water right claims.

15 SEC. 9. ON-RESERVATION WATER RESOURCES DEVELOP16 MENT.

17 (a) WATER DEVELOPMENT PROJECTS.—The Sec18 retary, through the Bureau of Reclamation, is authorized

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

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

21 construction of the following water development projects on

22 the Rocky Boy’s Reservation:

23 (1) Bonneau Dam and Reservoir Enlargement.

24 (2) East Fork of Beaver Creek Dam Repair and

25 Enlargement.
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1 (3) Brown’s Dam Enlargement.

2 (4) Towe Ponds’ Enlargement.

3 (5) Such other water development projects as the

4 Tribe shall from time to time consider appropriate.

5 (b) IMPLEMENTATION AGREEMENT.—The Secretary, at

6 the request of the Tribe, shall enter into an agreement, or,

7 if appropriate, renegotiate an existing agreement, with the

8 Tribe to implement the provisions of this Act through the

9 Tribe’s annual funding agreement entered into under the

10 self-governance program under title IV of the Indian Self11 Determination and Education Assistance Act (25 U.S.C.

12 458aa et seq.) by which the Tribe shall plan, design, and

13 construct any or all of the projects authorized by this sec14 tion.

15 (c) BUREAU OF RECLAMATION PROJECT ADMINISTRA16 TION.—

17 (1) IN GENERAL.—Congress finds that the Sec18 retary, through the Bureau of Reclamation, has en19 tered into an agreement with the Tribe, pursuant to

20 title IV of the Indian Self-Determination and Edu21 cation Assistance Act (25 U.S.C. 458aa et seq.)—

22 (A) defining and limiting the role of the

23 Bureau of Reclamation in its administration of

24 the projects authorized in subsection (a);
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•S 1771 RS

1 (B) establishing the standards upon which

2 the projects will be constructed; and

3 (C) for other purposes necessary to imple4 ment this section.

5 (2) AGREEMENT.—The agreement referred to in

6 paragraph (1) shall become effective when the Tribe

7 exercises its right under subsection (b).

8 SEC. 10. CHIPPEWA CREE INDIAN RESERVED WATER

9 RIGHTS SETTLEMENT TRUST FUND.

10 (a) ESTABLISHMENT OF TRUST FUND.—

11 (1) IN GENERAL.—There is hereby established in

12 the Treasury of the United States a trust fund for the

13 Chippewa Cree Tribe of the Rocky Boy’s Reservation

14 to be known as the ‘‘Chippewa Cree Indian Reserved

15 Water Rights Settlement Trust Fund’’.

16 (2) MANAGEMENT OF FUND.—The Secretary of

17 the Treasury, in cooperation with the Secretary, shall

18 deposit and manage the principal and interest in the

19 Fund in a manner consistent with this Act. Upon re20 quest of the Secretary, the Secretary of the Treasury

21 shall make available to the Secretary of the Interior

22 amounts in the Fund for disbursal and expenditure

23 in a manner consistent with this Act.

24 (3) CONTENTS OF FUND.—The Fund shall con25 sist of the amounts authorized to be appropriated to
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1 the Fund under section 11(b) and such other amounts

2 as may be transferred or credited to the 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 provisions of the American Indian Trust

8 Fund Management Reform Act of 1994 (25 U.S.C.

9 4001 et seq.).

10 (5) ACCOUNTS.—The Secretary of the Treasury

11 shall establish the following accounts in the Fund and

12 shall allocate appropriations to the various accounts

13 as required in this Act:

14 (A) The Tribal Compact Administration

15 Account.

16 (B) The Economic Development Account.

17 (C) The Future Water Supply Facilities Ac18 count.

19 (b) FUND MANAGEMENT.—

20 (1) IN GENERAL.—The Fund shall consist of such

21 amounts as are appropriated to the Fund and allo22 cated to the accounts of the Fund by the Secretary of

23 the Treasury as provided in this Act and in accord24 ance with the authorizations for appropriations in
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1 paragraphs (1), (2), and (3) of section 11(b), together

2 with all interest that accrues on the Fund.

3 (2) TRIBAL MANAGEMENT.—If the Tribe exercises

4 its right pursuant to subsection (a) to withdraw the

5 Fund and deposit it in a private financial institu6 tion, except as provided in the withdrawal plan, nei7 ther the Secretary nor the Secretary of the Treasury

8 shall retain any oversight over the investment of the

9 funds. The withdrawal plan shall provide for the cre10 ation of accounts and allocation to accounts in a fund

11 established under the plan in a manner consistent

12 with subsection (a). In addition, the withdrawal plan

13 shall provide for the appropriate terms and condi14 tions, if any, on expenditures from the fund in addi15 tion to the plans set forth in paragraphs (2) and (3)

16 of subsection (c).

17 (c) USE OF FUND.—The Tribe may use the Fund to

18 fulfill the purposes of this Act, subject to the following re19 strictions on expenditures:

20 (1) Except for $400,000 necessary for capital ex21 penditures in connection with tribal compact admin22 istration, only interest accrued on the Tribal Compact

23 Administration Account referred to in subsection

24 (a)(4)(A) shall be available to satisfy the Tribe’s obli-
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1 gations for tribal compact administration under the

2 provisions of the Compact.

3 (2) Both principal and accrued interest on the

4 Economic Development Account referred to in sub5 section (a)(4)(B) shall be available to the Tribe for ex6 penditure pursuant to an economic development plan

7 approved by the Secretary.

8 (3) Both principal and accrued interest on the

9 Future Water Supply Facilities Account referred to

10 in subsection (a)(4)(C) shall be available to the Tribe

11 for expenditure pursuant to a water supply plan ap12 proved by the Secretary.

13 (d) INVESTMENT OF FUND.—

14 (1) IN GENERAL.—The Secretary of the Treasury

15 shall invest amounts in the Fund in accordance with

16 the first section of the Act entitled ‘‘An Act to author17 ize the payment of interest of certain funds held in

18 trust by the United States for Indian tribes’’, ap19 proved February 12, 1929 (25 U.S.C. 161a). The in20 terest on, and the proceeds from the sale or redemp21 tion of, any obligations held in the Fund shall be

22 credited to and form part of the Fund. The Secretary

23 of the Treasury shall credit to each of the accounts

24 contained in the Fund a proportionate amount to

25 that interest and proceeds.
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1 (2) CERTAIN WITHDRAWN FUNDS.—

2 (A) IN GENERAL.—Amounts withdrawn

3 from the Fund and deposited in a private finan4 cial institution pursuant to a withdrawal plan

5 approved by the Secretary under the American

6 Indian Trust Fund Management Reform Act of

7 1994 (25 U.S.C. 4001 et seq.) shall be invested

8 by an appropriate official under that plan.

9 (B) DEPOSIT OF INTEREST AND PRO10 CEEDS.—The interest on, and the proceeds from

11 the sale or redemption of, any obligations held

12 under this paragraph shall be deposited in the

13 private financial institution referred to in sub14 paragraph (A) in the fund established pursuant

15 to the withdrawal plan referred to in that sub16 paragraph. The appropriate official shall credit

17 to each of the accounts contained in that fund a

18 proportionate amount of that interest and pro19 ceeds.

20 (e) AGREEMENT REGARDING FUND EXPENDITURES.—

21 If the Tribe does not exercise its right under subsection (a)

22 to withdraw the funds in the Fund and transfer those funds

23 to a private financial institution, the Secretary shall enter

24 into an agreement with the Tribe providing for appropriate

25 terms and conditions, if any, on expenditures from the
33

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1 Fund in addition to the plans set forth in paragraphs (2)

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

7 intended to—

8 (1) alter the trust responsibility of the United

9 States to the Tribe; or

10 (2) prohibit the Tribe from seeking additional

11 authorization or appropriation of funds for tribal

12 programs or purposes.

13 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

14 (a) FEASIBILITY STUDIES.—There are authorized to be

15 appropriated to the Department of the Interior, for the Bu16 reau of Reclamation, for the purpose of conducting the

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

18 study under section 7(c)—

19 (1) $1,000,000 for fiscal year 1999, of which—

20 (A) $500,000 shall be used for the MR&I

21 feasibility study under section 7(a); and

22 (B) $500,000 shall be used for the regional

23 study under section 7(c); and

24 (2) $3,000,000 for fiscal year 2000, of which—
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•S 1771 RS

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

2 feasibility study under section 7(a); and

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

4 study under section 7(c).

5 (b) CHIPPEWA CREE FUND.—There is authorized to

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

7 by the Secretary, the Secretary of the Treasury, or other

8 appropriate official as follows:

9 (1) TRIBAL COMPACT ADMINISTRATION AC10 COUNT.—For tribal compact administration assumed

11 by the Tribe under the Compact and this Act,

12 $3,000,000, are authorized to be appropriated for fis13 cal year 1999.

14 (2) ECONOMIC DEVELOPMENT ACCOUNT.—For

15 tribal economic development, $3,000,000, are author16 ized to be appropriated for fiscal year 2000.

17 (3) FUTURE WATER SUPPLY FACILITIES AC18 COUNT.—For the total Federal contribution to the

19 planning, design, construction, operation, mainte20 nance, and rehabilitation of a future water supply

21 system for the Reservation, there are authorized to be

22 appropriated—

23 (A) $2,000,000 for fiscal year 1999;

24 (B) $5,000,000 for fiscal year 2000; and

25 (C) $8,000,000 for fiscal year 2001.
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•S 1771 RS

1 (c) ON-RESERVATION WATER DEVELOPMENT.—

2 (1) IN GENERAL.—There is authorized to be ap3 propriated to the Department of the Interior, for the

4 Bureau of Reclamation, for the construction of the on5 Reservation water development projects authorized by

6 section 9—

7 (A) $13,000,000 for fiscal year 2000, for the

8 planning, design, and construction of the

9 Bonneau Dam Enlargement, for the development

10 of additional capacity in Bonneau Reservoir for

11 storage of water secured to the Tribe under the

12 Compact;

13 (B) $8,000,000 for fiscal year 2001, for the

14 planning, design, and construction of the East

15 Fork Dam and Reservoir enlargement, of the

16 Brown’s Dam and Reservoir enlargement, and of

17 the Towe Ponds enlargement of which—

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

19 East Fork Dam and Reservoir enlargement;

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

21 Brown’s Dam and Reservoir enlargement;

22 and

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

24 Towe Ponds enlargement; and
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•S 1771 RS

1 (C) $3,000,000 for fiscal year 2002, for the

2 planning, design, and construction of such other

3 water resource developments as the Tribe, with

4 the approval of the Secretary, from time to time

5 may consider appropriate or for the completion

6 of the 4 projects enumerated in subparagraphs

7 (A) and (B) of paragraph (1).

8 (2) UNEXPENDED BALANCES.—Any unexpended

9 balance in the funds authorized to be appropriated

10 under subparagraph (A) or (B) of paragraph (1),

11 after substantial completion of all of the projects enu12 merated in paragraphs (1) through (4) of section

13 9(a)—

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

15 completion of the enumerated projects; and

16 (B) then for other water resource develop17 ment projects on the Reservation.

18 (d) ADMINISTRATION COSTS.—There is authorized to

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

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

21 the costs of administration of the Bureau of Reclamation

22 under this Act, except that—

23 (1) if those costs exceed $1,000,000, the Bureau

24 of Reclamation may use funds authorized for appro25 priation under subsection (c) for costs; and
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1 (2) the Bureau of Reclamation shall exercise its

2 best efforts to minimize those costs to avoid expendi3 tures for the costs of administration under this Act

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

5 (e) AVAILABILITY OF FUNDS.—

6 (1) IN GENERAL.—The amounts authorized to be

7 appropriated to the Fund and allocated to its ac8 counts pursuant to subsection (b) shall be deposited

9 into the Fund and allocated immediately on appro10 priation.

11 (2) INVESTMENTS.—Investments may be made

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

13 (3) AVAILABILITY OF CERTAIN MONEYS.—The

14 moneys authorized to be appropriated in subsections

15 (a) and (b)(1) shall be available for use immediately

16 upon appropriation.

17 (4) LIMITATION.—Those moneys allocated by the

18 Secretary, the Secretary of the Treasury, or other ap19 propriate official to accounts in the Fund or a fund

20 established under section 10(e) shall draw interest

21 consistent with section 10(d), but the moneys author22 ized to be appropriated under paragraphs (2) and (3)

23 of subsection (b) and subsection (c) shall not be avail24 able for expenditure until the requirements of section

25 5(b) have been met so that the decree has become final
38

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1 and the Tribe has executed the waiver and release re2 quired under section 13(c).

3 (f) RETURN OF FUNDS TO 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 sec7 tion 5(b), all unexpended funds appropriated under

8 the authority of this Act together with all interest

9 earned on such funds, notwithstanding whether they

10 are held by the Tribe, a private institution, or the

11 Secretary, shall revert to the General Fund of the

12 Treasury 12 months after the expiration of the dead13 line established in section 5(b).

14 (2) INCLUSION IN AGREEMENTS AND PLAN.—The

15 requirements in paragraph (1) shall be included in

16 all annual funding agreements entered into under the

17 self-governance program under title IV of the Indian

18 Self-Determination and Education Assistance Act (25

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

20 agreements, or any other agreements for withdrawal

21 or transfer of the funds to the Tribe or a private fi22 nancial institution under this Act.

23 (g) 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 Article VI.C.2 and Article C.3 of the

3 Compact, the State contribution to settlement shall be as

4 follows:

5 (1) $150,000 for the following purposes:

6 (A) Water quality discharge monitoring

7 wells and monitoring program.

8 (B) Diversion structure on Big Sandy

9 Creek.

10 (C) Conveyance structure on Box Elder

11 Creek.

12 (D) Purchase of contract water from Lower

13 Beaver Creek Reservoir.

14 (2) Subject to the availability of funds, the State

15 shall provide services valued at $400,000 for adminis16 tration required by the Compact and for water qual17 ity sampling required by the Compact.

18 SEC. 13. MISCELLANEOUS PROVISIONS.

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

20 Tribal Resolution No. 98–40, and in exchange for benefits

21 under this Act, the Tribe shall not exercise the rights set

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

23 event that the approval, ratification, and confirmation of

24 the Compact by the United States becomes null and void

25 under section 5(b), the Tribe shall have the right to exercise

26 the rights set forth in Article VII.A.3 of the Compact.
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1 (b) WAIVER OF SOVEREIGN IMMUNITY.—The United

2 States shall not be deemed to have waived its sovereign im3 munity except to the extent provided in subsections (a), (b),

4 and (c) of section 208 of the Department of Justice Appro5 priation Act, 1953 (43 U.S.C. 666).

6 (c) TRIBAL RELEASE OF CLAIMS AGAINST THE

7 UNITED STATES.—

8 (1) IN GENERAL.—Pursuant to Tribal Resolution

9 No. 98–40, and in exchange for benefits under this

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

11 Act, execute a waiver and release of the claims de12 scribed in paragraph (2) against the United States,

13 the validity of which are not recognized by the United

14 States, except that—

15 (A) the waiver and release of claims shall

16 not become effective until the appropriation of

17 the funds authorized in section 11 has been com18 pleted and the decree has become final in accord19 ance with the requirements of section 5(b); and

20 (B) in the event that the approval, ratifica21 tion, and confirmation of the Compact by the

22 United States becomes null and void under sec23 tion 5(b), the waiver and release of claims shall

24 become null and void.
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•S 1771 RS

1 (2) CLAIMS DESCRIBED.—The claims referred to

2 in paragraph (1) are as follows:

3 (A) Any and all claims to water rights (in4 cluding water rights in surface water, ground

5 water, and effluent), claims for injuries to water

6 rights, claims for loss or deprivation of use of

7 water rights, and claims for failure to acquire or

8 develop water rights for lands of the Tribe from

9 time immemorial to the date of ratification of

10 the Compact by Congress.

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

12 negotiation of the Compact and the settlement

13 authorized by this Act.

14 (3) SETOFFS.—In the event the waiver and re15 lease does not become effective as set forth in para16 graph (1)—

17 (A) the United States shall be entitled to

18 setoff against any claim for damages asserted by

19 the Tribe against the United States, any funds

20 transferred to the Tribe pursuant to section 11,

21 and any interest accrued thereon up to the date

22 of setoff; and

23 (B) the United States shall retain any other

24 claims or defenses not waived in this Act or in

25 the Compact as modified by this Act.
42

•S 1771 RS

1 (d) OTHER TRIBES NOT ADVERSELY AFFECTED.—

2 Nothing in this Act is intended to quantify or otherwise

3 adversely affect the land and water rights, or claims or enti4 tlements to land or water of an Indian tribe other than

5 the Chippewa Cree Tribe.

6 (e) ENVIRONMENTAL COMPLIANCE.—In implementing

7 the Compact, the Secretary shall comply with all aspects

8 of the National Environmental Policy Act of 1969 (42

9 U.S.C. 4321 et seq.), and the Endangered Species Act of

10 1973 (16 U.S.C. 1531 et seq.), and all other applicable envi11 ronmental Acts and regulations.

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

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

14 not constitute a major Federal action under the National

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

16 Secretary is directed to carry out all necessary environ17 mental compliance required by Federal law in implement18 ing the Compact.

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

20 shall be construed or interpreted as a precedent for the liti21 gation of reserved water rights or the interpretation or ad22 ministration of future water settlement Acts.

Amend the title so as to read: ‘‘A bill to provide for

the settlement of the reserved water rights of the Chippewa Cree Tribe of the Rocky Boy’s Reservation, and for

other purposes.’’.