I
105TH CONGRESS
1ST SESSION
H. R. 3056
To provide for the preservation and sustainability of the family farm through
the transfer of responsibility for operation and maintenance of the Flat-
head Indian Irrigation Project, Montana.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 13, 1997
Mr. HILL (for himself, Mr. SMITH of Oregon, and Mr. YOUNG of Alaska) in-
troduced the following bill; which was referred to the Committee on Re-
sources
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 Irri-
gation 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 INDIAN IRRIGATION PROJECT, MON-
TANA.
(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 respon-
sibility for operation and maintenance of the Flathead In-
dian Irrigation Project in Montana.
(b) DEFINITIONS.—In this Act:
(1) 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 BUREAU
OF INDIAN AFFAIRS’’ in the Act of May 10,
1926 (44 Stat. 464; chapter 277).
(2) PROJECT.—The term ‘‘Project’’ means the
Flathead Indian 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).
(c) CONTRACT.—Not later than 1 year after the date
of enactment of this Act, the Secretary of the Interior (in
this Act referred to as the ‘‘Secretary’’) shall offer to enter
into a contract with the irrigation district under which the
irrigation district will operate and manage the Project, in-
cluding all rights and powers exercised by the Secretary
in the operation of the works, which include the right to
use permanent easements purchased under the Act of May
25, 1948 (62 Stat. 269, chapter 340).
(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
into the contract not later than 1 year after the date of
enactment of this Act.
(e) PROPERTY RIGHTS.—
(1) IN GENERAL.—Under the contract, the Sec-
retary shall transfer to the irrigation district owner-
ship of all equipment, machinery, office supplies,
and other supplies and equipment paid for with op-
eration and maintenance funds related to the
project.
(2) INVENTORY LIST.—The Secretary shall pro-
vide an inventory list of all supplies and equipment
at the Project as of October 31, 1997, that were
purchased with operation and maintenance funds.
(f) INTERIOR INSTREAM FLOWS.—Under the con-
tract, the irrigation district shall maintain interim
instream flows necessary to preserve fisheries pending ad-
judication of water rights and, after the adjudication has
become final, as required by adjudication.
(g) REPAYMENT OBLIGATIONS.—The contract shall
have no effect on obligations governing the repayment of
the construction costs of the Project as of the date of en-
actment of this Act.
(h) WATER RIGHTS.—This Act does not affect the
negotiation of water rights between the State of Montana,
the United States, and the Confederated Salish and
Kootenai Tribes.
(i) TERMINATION.—
(1) IN GENERAL.—The contract shall be subject
to termination if a court of the United States finds
that the irrigation district have operated, and persist
in operating, the Project in such a manner as the ir-
rigation district know is likely to damage tribal trust
assets.
(2) PRESUMPTION.—For the purposes of para-
graph (1), continued operation of the Project as it
was operated on October 31, 1997, shall be pre-
sumed to provide adequate protection of tribal trust
assets, and any changes in operation required as a
result of new information or a judicial decision shall
not be a ground for termination of the contract.
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