I
106TH CONGRESS
1ST SESSION
H. R. 1158
To provide for the preservation and sustainability of the family farm through
the transfer of responsibility for operation and maintenance of the Flat-
head Irrigation Project, Montana.
IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 1999
Mr. HILL of Montana introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the preservation and sustainability of the
family farm through the transfer of responsibility for
operation and maintenance of the Flathead Irrigation
Project, Montana.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TRANSFER OF RESPONSIBILITY FOR OPER-
ATION AND MAINTENANCE OF THE FLAT-
HEAD IRRIGATION PROJECT, MONTANA.
(a) PURPOSE.—The purpose of this Act is to preserve
and protect the viability and sustainability of the family
farms and ranches of the Jocko Valley, Camas Valley, and
Mission Valley, Montana, through the transfer of responsi-
bility for operation and maintenance of the Irrigation Di-
vision of the Flathead Irrigation Project, Montana, with-
out having any effect on the negotiation or adjudication
of water rights, including those of the tribe.
(b) DEFINITIONS.—In this Act:
(1) CONTRACT.—The term ‘‘contract’’ means
the contract under subsection (c).
(2) IRRIGATION DISTRICT.—The term ‘‘irriga-
tion district’’ means 1 or more irrigation districts or-
ganized in accordance with the paragraph relating to
the irrigation systems on the Flathead Indian Res-
ervation, Montana, under the subheading ‘‘IRRIGA-
TION
AND
DRAINAGE’’ under the heading ‘‘BU-
REAU OF INDIAN AFFAIRS’’ in the Act of May
10, 1926 (44 Stat. 464, chapter 277).
(3) PROJECT.—The term ‘‘project’’ means the
Irrigation Division of the Flathead Irrigation Project
constructed under section 14 of the Act of April 23,
1904 (33 Stat. 305, chapter 1495), and section 14
of the Act of May 29, 1908 (35 Stat. 450, chapter
216).
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) TRIBE.—The term ‘‘Tribe’’ means the Con-
federated Salish and Kootenai Tribes of the Flat-
head Nation, a federally recognized tribe organized
under section 16 of the Act of June 18, 1934 (25
U.S.C. 476).
(c) CONTRACT.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Secretary
shall offer to enter into a contract with the irriga-
tion district under which the irrigation district will
operate and manage the project, including all rights
and powers exercised by the Secretary in the oper-
ation of the project, including the right to use per-
manent easements purchased under the Act of May
25, 1948 (62 Stat. 269, chapter 340).
(2) CONTRACT PROVISIONS.—The contract shall
contain provisions that—
(A)(i) identify the trust responsibilities of
the United States to the Tribe that are affected
by the operation and maintenance of the Irriga-
tion Division; and
(ii) ensure that the United States will be
able to fulfill those responsibilities;
(B) ensure that in operating and maintain-
ing the project, the irrigation district will main-
tain the interim instream flows established by
the Bureau of Indian Affairs to preserve fish-
eries pending adjudication of water rights and,
thereafter, as required by any rulings made in
connection with the adjudication or related ne-
gotiation;
(C) ensure that obligations in existence on
the date of enactment of this Act governing the
repayment of the construction costs of the
project are continued unaffected by this Act
and the contract, if the irrigation district makes
an accelerated payment of $1,000,000 on the
repayment contract between the irrigation dis-
trict and the United States not later than De-
cember 31, 2001;
(D) amend the repayment contracts in ef-
fect on the date of enactment of this Act be-
tween the irrigation district and the United
States to provide that net revenues from the op-
eration of the Power Division of the project will
not be used to pay operation and maintenance
costs of the Irrigation Division; and
(E) provide for revocation of the contract
and of the right of the irrigation district to op-
erate and maintain the project if a court of the
United States finds that the irrigation district
has operated and persists in operating the
project in a manner that willingly and know-
ingly damages tribal trust assets.
(3) PROTECTION OF TRIBAL TRUST ASSETS.—
For the purpose of paragraph (2)(E)—
(A) operation of the project as the project
was operated by the Bureau of Indian Affairs
plan of operations in effect on October 31,
1997, shall be presumed to provide adequate
protection of tribal trust assets and shall not be
considered to damage those assets; and
(B) any changes in operation required as a
result of new information, changes in adminis-
trative policies or decisions, judicial decisions,
or negotiations shall not be a ground for rev-
ocation of the contract unless the irrigation dis-
trict refuses to conform the operation and
maintenance of the project to the requirements
of the new information, administrative policies
and decisions, judicial decisions, or negotia-
tions.
(d) TIMING.—The Secretary shall commence negotia-
tions with the irrigation district as soon as practicable to
enable the Secretary and the irrigation district to enter