I
106TH CONGRESS
1ST SESSION
H. R. 795
To provide for the settlement of the water rights claims of the Chippewa
Cree Tribe of the Rocky Boy’s Reservation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1999
Mr. HILL of Montana introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the settlement of the water rights claims
of the Chippewa Cree Tribe of the Rocky Boy’s Reserva-
tion, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Chippewa Cree Tribe
of the Rocky Boy’s Reservation Indian Reserved Water
Rights Settlement Act of 1999’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) in fulfillment of its trust responsibility to
Indian tribes and to promote tribal sovereignty and
economic self-sufficiency, it is the policy of the
United States to settle the water rights claims of the
tribes without lengthy and costly litigation;
(2) the Rocky Boy’s Reservation was estab-
lished as a homeland for the Chippewa Cree Tribe;
(3) adequate water for the Chippewa Cree
Tribe of the Rocky Boy’s Reservation is important
to a permanent, sustainable, and sovereign homeland
for the Tribe and its members;
(4) the sovereignty of the Chippewa Cree Tribe
and the economy of the Reservation depend on the
development of the water resources of the Reserva-
tion;
(5) the planning, design, and construction of
the facilities needed to utilize water supplies effec-
tively are necessary to the development of a viable
Reservation economy and to implementation of the
Chippewa Cree-Montana Water Rights Compact;
(6) the Rocky Boy’s Reservation is located in a
water-short area of Montana and the Compact con-
templates the development of additional water sup-
plies, including importation of domestic water, to
meet the needs of the Chippewa Cree Tribe;
(7) proceedings to determine the full extent of
the water rights of the Chippewa Cree Tribe are cur-
rently pending before the Montana Water Court as
a part of In the Matter of the Adjudication of All
Rights to the Use of Water, Both Surface and Under-
ground, within the State of Montana;
(8) recognizing that final resolution of the gen-
eral stream adjudication will take many years and
entail great expense to all parties, prolong uncer-
tainty as to the availability of water supplies, and
seriously impair the long-term economic planning
and development of all parties, the Chippewa Cree
Tribe and the State of Montana entered into the
Compact on April 14, 1997; and
(9) the allocation of water resources from the
Tiber Reservoir to the Chippewa Cree Tribe under
this Act is uniquely suited to the geographic, social,
and economic characteristics of the area and situa-
tion involved.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To achieve a fair, equitable, and final settle-
ment of all claims to water rights in the State of
Montana for—
(A) the Chippewa Cree Tribe; and
(B) the United States for the benefit of
the Chippewa Cree Tribe.
(2) To approve, ratify, and confirm, as modified
in this Act, the Chippewa Cree-Montana Water
Rights Compact entered into by the Chippewa Cree
Tribe of the Rocky Boy’s Reservation and the State
of Montana on April 14, 1997, and to provide fund-
ing and other authorization necessary for the imple-
mentation of the Compact.
(3) To authorize the Secretary of the Interior
to execute and implement the Compact referred to in
paragraph (2) and to take such other actions as are
necessary to implement the Compact in a manner
consistent with this Act.
(4) To authorize Federal feasibility studies de-
signed to identify and analyze potential mechanisms
to enhance, through conservation or otherwise, water
supplies in North Central Montana, including mech-
anisms to import domestic water supplies for the fu-
ture growth of the Rocky Boy’s Indian Reservation.
(5) To authorize certain projects on the Rocky
Boy’s Indian Reservation, Montana, in order to im-
plement the Compact.
(6) To authorize certain modifications to the
purposes and operation of the Bureau of Reclama-
tion’s Tiber Dam and Lake Elwell on the Marias
River in Montana in order to implement the Com-
pact.
(7) To authorize the appropriation of funds
necessary for the implementation of the Compact.
SEC. 4. DEFINITIONS.
In this Act:
(1) COMPACT.—The term ‘‘Compact’’ means
the water rights compact between the Chippewa
Cree Tribe of the Rocky Boy’s Reservation and the
State of Montana contained in section 85–20–601 of
the Montana Code Annotated (1997).
(2) FINAL.—The term ‘‘final’’ with reference to
approval of the decree in section 5(b) means comple-
tion of any direct appeal to the Montana Supreme
Court of a final decree by the Water Court pursuant
to section 85–2–235 of the Montana Code Anno-
tated (1997), or to the Federal Court of Appeals, in-
cluding the expiration of the time in which a petition
for certiorari may be filed in the United States Su-
preme Court, denial of such a petition, or the
issuance of the Supreme Court’s mandate, whichever
occurs last.
(3) FUND.—The term ‘‘Fund’’ means the Chip-
pewa Cree Indian Reserved Water Rights Settlement
Fund established under section 10.
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given that term in section 101(2)
of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a(2)).
(5) MR&I 
FEASIBILITY
STUDY.—The term
‘‘MR&I feasibility study’’ means a municipal, rural,
and industrial, domestic, and incidental drought re-
lief feasibility study described in section 7.
(6) MISSOURI RIVER SYSTEM.—The term ‘‘Mis-
souri River System’’ means the mainstem of the
Missouri River and its tributaries, including the
Marias River.
(7) RECLAMATION LAW.—The term ‘‘Reclama-
tion Law’’ has the meaning given the term ‘‘rec-
lamation law’’ in section 4 of the Act of December
5, 1924 (43 Stat. 701, chapter 4; 43 U.S.C. 371).
(8) ROCKY
BOY’S
RESERVATION; 
RESERVA-
TION.—The term ‘‘Rocky Boy’s Reservation’’ or
‘‘Reservation’’ means the Rocky Boy’s Reservation
of the Chippewa Cree Tribe in Montana.
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, or his or her duly au-
thorized representative.
(10) TOWE PONDS.—The term ‘‘Towe Ponds’’
means the reservoir or reservoirs referred to as
‘‘Stoneman Reservoir’’ in the Compact.
(11) TRIBAL COMPACT ADMINISTRATION.—The
term ‘‘Tribal Compact Administration’’ means the
activities assumed by the Tribe for implementation
of the Compact as set forth in Article IV of the
Compact.
(12) TRIBAL WATER CODE.—The term ‘‘tribal
water code’’ means a water code adopted by the
Tribe, as provided in the Compact.
(13) TRIBAL WATER RIGHT.—
(A) IN
GENERAL.—The term ‘‘Tribal
Water Right’’ means the water right set forth
in section 85–20–601 of the Montana Code An-
notated (1997).
(B) RULE OF CONSTRUCTION.—The defini-
tion of the term ‘‘Tribal Water Right’’ under
this paragraph and the treatment of that right
under this Act shall not be construed or inter-
preted as a precedent for the litigation of re-
served water rights or the interpretation or ad-
ministration of future compacts between the
United States and the State of Montana or any
other State.
(14) TRIBE.—The term ‘‘Tribe’’ means the
Chippewa Cree Tribe of the Rocky Boy’s Reserva-
tion and all officers, agents, and departments there-
of.
(15) WATER DEVELOPMENT.—The term ‘‘water
development’’ includes all activities that involve the
use of water or modification of water courses or
water bodies in any way.
SEC. 5. RATIFICATION OF COMPACT AND ENTRY OF DE-
CREE.
(a) WATER RIGHTS COMPACT APPROVED.—Except
as modified by this Act, and to the extent the Compact
does not conflict with this Act—
(1) the Compact, entered into by the Chippewa
Cree Tribe of the Rocky Boy’s Reservation and the
State of Montana on April 14, 1997, is hereby ap-
proved, ratified, and confirmed; and
(2) the Secretary shall—
(A) execute and implement the Compact
together with any amendments agreed to by the
parties or necessary to bring the Compact into
conformity with this Act; and
(B) take such other actions as are nec-
essary to implement the Compact.
(b) APPROVAL OF DECREE.—
(1) IN
GENERAL.—Not later than 180 days
after the date of enactment of this Act, the United
States, the Tribe, or the State of Montana shall pe-
tition the Montana Water Court, individually or
jointly, to enter and approve the decree agreed to by
the United States, the Tribe, and the State of Mon-
tana attached as Appendix 1 to the Compact, or any
amended version thereof agreed to by the United
States, the Tribe, and the State of Montana.
(2) RESORT
TO
THE
FEDERAL
DISTRICT
COURT.—Under the circumstances set forth in Arti-
cle VII.B.4 of the Compact, 1 or more parties may
file an appropriate motion (as provided in that arti-
cle) in the United States district court of appro-
priate jurisdiction.
(3) EFFECT OF FAILURE OF APPROVAL TO BE-
COME FINAL.—In the event the approval by the ap-
propriate court, including any direct appeal, does
not become final within 3 years after the filing of
the decree, or the decree is approved but is subse-
quently set aside by the appropriate court—
(A) the approval, ratification, and con-
firmation of the Compact by the United States
shall be null and void; and
(B) except as provided in sections 11(g)(1)
and 13(a) and (c)(3), this Act shall be of no
further force and effect.
SEC. 6. USE AND TRANSFER OF THE TRIBAL WATER RIGHT.
(a) ADMINISTRATION AND ENFORCEMENT.—As pro-
vided in the Compact, until the adoption and approval of
a tribal water code by the Tribe, the Secretary shall ad-
minister and enforce the Tribal Water Right.
(b) TRIBAL MEMBER ENTITLEMENT.—
(1) IN GENERAL.—Any entitlement to Federal
Indian reserved water of any tribal member shall be
satisfied solely from the water secured to the Tribe
by the Compact and shall be governed by the terms
and conditions of the Compact.
(2) 
ADMINISTRATION.—An 
entitlement 
de-
scribed in paragraph (1) shall be administered by
the Tribe pursuant to a tribal water code developed
and adopted pursuant to Article IV.A.2 of the Com-
pact, or by the Secretary pending the adoption and
approval of the tribal water code.
(c) TEMPORARY
TRANSFER
OF
TRIBAL
WATER
RIGHT.—Notwithstanding any other provision of statutory
or common law, the Tribe may, with the approval of the
Secretary and subject to the limitations and conditions set
forth in the Compact, including limitation on transfer of
any portion of the Tribal Water Right to within the Mis-
souri River Basin, enter into a service contract, lease, ex-
change, or other agreement providing for the temporary
delivery, use, or transfer of the water rights confirmed to
the Tribe in the Compact, except that no service contract,
lease, exchange, or other agreement entered into under
this subsection may permanently alienate any portion of
the Tribal Water Right.
SEC. 7. FEASIBILITY STUDIES AUTHORIZATION.
(a) MUNICIPAL, RURAL, AND INDUSTRIAL FEASIBIL-
ITY STUDY.—
(1) IN GENERAL.—
(A) STUDY.—The Secretary, through the
Bureau of Reclamation, shall perform an MR&I
feasibility study of water and related resources
in North Central Montana to evaluate alter-
natives for a municipal, rural, and industrial
supply for the Rocky Boy’s Reservation.
(B) USE OF FUNDS MADE AVAILABLE FOR
FISCAL YEAR 1999.—The authority under sub-
paragraph (A) shall be deemed to apply to
MR&I feasibility study activities for which
funds were made available by appropriations for
fiscal year 1999.
(2) CONTENTS OF STUDY.—The MR&I feasibil-
ity study shall include the feasibility of releasing the
Tribe’s Tiber allocation as provided in section 8 into
the Missouri River System for later diversion to a
treatment and delivery system for the Rocky Boy’s
Reservation.
(3) UTILIZATION OF EXISTING STUDIES.—The
MR&I feasibility study shall include utilization of ex-
isting Federal and non-Federal studies and shall be
planned and conducted in consultation with other
Federal agencies, the State of Montana, and the
Chippewa Cree Tribe.
(b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED
OFF-RESERVATION SYSTEM.—The United States, the
Chippewa Cree Tribe of the Rocky Boy’s Reservation, and
the State of Montana shall not be obligated to accept or
participate in any potential off-Reservation water supply
system identified in the MR&I feasibility study authorized
in subsection (a).
(c) REGIONAL FEASIBILITY STUDY.—
(1) IN GENERAL.—
(A) STUDY.—The Secretary, through the
Bureau of Reclamation, shall conduct, pursuant
to Reclamation Law, a regional feasibility study
(referred to in this subsection as the ‘‘regional
feasibility study’’) to evaluate water and related
resources in North-Central Montana in order to
determine the limitations of those resources and
how those resources can best be managed and
developed to serve the needs of the citizens of
Montana.
(B) USE OF FUNDS MADE AVAILABLE FOR
FISCAL YEAR 1999.—The authority under sub-
paragraph (A) shall be deemed to apply to re-
gional feasibility study activities for which
funds were made available by appropriations for
fiscal year 1999.
(2) CONTENTS OF STUDY.—The regional fea-
sibility study shall—
(A) evaluate existing and potential water
supplies, uses, and management;
(B) identify major water-related issues, in-
cluding environmental, water supply, and eco-
nomic issues;
(C) evaluate opportunities to resolve the
issues referred to in subparagraph (B); and
(D) evaluate options for implementation of
resolutions to the issues.
(3) REQUIREMENTS.—Because of the regional
and international impact of the regional feasibility
study, the study may not be segmented. The re-
gional study shall—
(A) utilize, to the maximum extent pos-
sible, existing information; and
(B) be planned and conducted in consulta-
tion with all affected interests, including inter-
ests in Canada.
SEC. 8. TIBER RESERVOIR ALLOCATION.
(a) ALLOCATION OF WATER TO THE TRIBE.—
(1) IN GENERAL.—The Secretary shall perma-
nently allocate to the Tribe, without cost to the
Tribe, 10,000 acre-feet per year of stored water
from the water right of the Bureau of Reclamation
in Lake Elwell, Lower Marias Unit, Upper Missouri
Division, Pick-Sloan Missouri Basin Program, Mon-
tana, measured at the outlet works of the dam or at
the diversion point from the reservoir. The allocation
shall become effective when the decree referred to in
section 5(b) has become final in accordance with
that section.
(2) AGREEMENT.—The Secretary shall enter
into an agreement with the Tribe setting forth the
terms of the allocation and providing for the Tribe’s
use or temporary transfer of water stored in Lake
Elwell, subject to the terms and conditions of the
Compact and this Act.
(3) PRIOR RESERVED WATER RIGHTS.—The al-
location provided in this section shall be subject to
the prior reserved water rights, if any, of any Indian
tribe, or person claiming water through any Indian
tribe.
(b) USE AND TEMPORARY TRANSFER OF ALLOCA-
TION.—
(1) IN
GENERAL.—Subject to the limitations
and conditions set forth in the Compact and this
Act, the Tribe shall have the right to devote the
water allocated by this section to any use, including
agricultural, municipal, commercial, industrial, min-
ing, or recreational uses, within or outside the Rocky
Boy’s Reservation.
(2) CONTRACTS AND AGREEMENTS.—Notwith-
standing any other provision of statutory or common
law, the Tribe may, with the approval of the Sec-
retary and subject to the limitations and conditions
set forth in the Compact, enter into a service con-
tract, lease, exchange, or other agreement providing
for the temporary delivery, use, or transfer of the
water allocated by this section, except that no such
service contract, lease, exchange, or other agreement
may permanently alienate any portion of the tribal
allocation.
(c) REMAINING STORAGE.—The United States shall
retain the right to use for any authorized purpose, any
and all storage remaining in Lake Elwell after the alloca-
tion made to the Tribe in subsection (a)(1).
(d) WATER TRANSPORT OBLIGATION; DEVELOP-
MENT AND DELIVERY COSTS.—The United States shall
have no responsibility or obligation to provide any facility
for the transport of the water allocated by this section to
the Rocky Boy’s Reservation or to any other location. Ex-
cept for the contribution set forth in section 11(c)(3), the
cost of developing and delivering the water allocated by
this section or any other supplemental water to the Rocky
Boy’s Reservation shall not be borne by the United States.
(e) ACT NOT PRECEDENTIAL.—The provisions of
this section regarding the allocation of water resources
from the Tiber Reservoir to the Tribe shall not be con-
strued as precedent in the litigation or settlement of any
other Indian water right claims.
SEC. 9. ON-RESERVATION WATER RESOURCES DEVELOP-
MENT.
(a) WATER DEVELOPMENT PROJECTS.—The Sec-
retary, through the Bureau of Reclamation, is authorized
and directed to plan, design, and construct, or to provide,
pursuant to subsection (b), for the planning, design, and
construction of the following water development projects
on the Rocky Boy’s Reservation:
(1) Bonneau Dam and Reservoir Enlargement.
(2) East Fork of Beaver Creek Dam Repair
and Enlargement.
(3) Brown’s Dam Enlargement.
(4) Towe Ponds’ Enlargement.
(5) Such other water development projects as
the Tribe shall from time to time consider appro-
priate.
(b) IMPLEMENTATION AGREEMENT.—The Secretary,
at the request of the Tribe, shall enter into an agreement,
or, if appropriate, renegotiate an existing agreement, with
the Tribe to implement the provisions of this Act through
the Tribe’s annual funding agreement entered into under
the self-governance program under title IV of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 458aa et seq.) by which the Tribe shall plan, de-
sign, and construct any or all of the projects authorized
by this section.
(c) BUREAU OF RECLAMATION PROJECT ADMINIS-
TRATION.—
(1) IN GENERAL.—Congress finds that the Sec-
retary, through the Bureau of Reclamation, has en-
tered into an agreement with the Tribe, pursuant to
title IV of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 458aa et seq.)—
(A) defining and limiting the role of the
Bureau of Reclamation in its administration of
the projects authorized in subsection (a);
(B) establishing the standards upon which
the projects will be constructed; and
(C) for other purposes necessary to imple-
ment this section.
(2) AGREEMENT.—The agreement referred to
in paragraph (1) shall become effective when the
Tribe exercises its right under subsection (b).
SEC. 10. CHIPPEWA CREE INDIAN RESERVED WATER
RIGHTS SETTLEMENT TRUST FUND.
(a) ESTABLISHMENT OF TRUST FUND.—
(1) IN GENERAL.—
(A) ESTABLISHMENT.—There is hereby es-
tablished in the Treasury of the United States
a trust fund for the Chippewa Cree Tribe of the
Rocky Boy’s Reservation to be known as the
‘‘Chippewa Cree Indian Reserved Water Rights
Settlement Trust Fund’’.
(B) 
AVAILABILITY
OF
AMOUNTS
IN
FUND.—
(i) IN
GENERAL.—Amounts in the
Fund shall be available to the Secretary
for management and investment on behalf
of the Tribe and distribution to the Tribe
in accordance with this Act.
(ii) 
AVAILABILITY.—Funds 
made
available from the Fund under this section
shall be available without fiscal year limita-
tion.
(2) MANAGEMENT
OF
FUND.—The Secretary
shall deposit and manage the principal and interest
in the Fund in a manner consistent with subsection
(b) and other applicable provisions of this Act.
(3) CONTENTS OF FUND.—The Fund shall con-
sist of the amounts authorized to be appropriated to
the Fund under section 11(c) and such other
amounts as may be transferred or credited to the
Fund.
(4) WITHDRAWAL.—The Tribe, with the ap-
proval of the Secretary, may withdraw the Fund and
deposit it in a mutually agreed upon private finan-
cial institution. That withdrawal shall be made pur-
suant to the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(5) ACCOUNTS.—The Secretary of the Interior
shall establish the following accounts in the Fund
and shall allocate appropriations to the various ac-
counts as required in this Act:
(A) The Tribal Compact Administration
Account.
(B) The Economic Development Account.
(C) The Future Water Supply Facilities
Account.
(b) FUND MANAGEMENT.—
(1) IN GENERAL.—
(A) AMOUNTS IN FUND.—The Fund shall
consist of such amounts as are appropriated to
the Fund and allocated to the accounts of the
Fund by the Secretary as provided in this Act
and in accordance with the authorizations for
appropriations in paragraphs (1), (2), and (3)
of section 11(c), together with all interest that
accrues in the Fund.
(B) MANAGEMENT
BY
SECRETARY.—The
Secretary shall manage the Fund, make invest-
ments from the Fund, and make available funds
from the Fund for distribution to the Tribe in
a manner consistent with the American Indian
Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.).
(2) TRIBAL MANAGEMENT.—
(A) IN GENERAL.—If the Tribe exercises
its right pursuant to subsection (a)(4) to with-
draw the Fund and deposit it in a private fi-
nancial institution, except as provided in the
withdrawal plan, neither the Secretary nor the
Secretary of the Treasury shall retain any over-
sight over the accounting, disbursement, or in-
vestment of the funds.
(B) WITHDRAWAL PLAN.—The withdrawal
plan shall provide for—
(i) the creation of accounts and allo-
cation to accounts in a fund established
under the plan in a manner consistent with
subsection (a); and
(ii) the appropriate terms and condi-
tions, if any, on expenditures from the
fund (in addition to the requirements of
the plans set forth in paragraphs (2) and
(3) of subsection (c)).
(c) USE OF FUND.—The Tribe shall use the Fund
to fulfill the purposes of this Act, subject to the following
restrictions on expenditures:
(1) Except for $400,000 necessary for capital
expenditures in connection with Tribal Compact Ad-
ministration, only interest accrued on the Tribal
Compact Administration Account referred to in sub-
section (a)(5)(A) shall be available to satisfy the
Tribe’s obligations for Tribal Compact Administra-
tion under the provisions of the Compact.
(2) Both principal and accrued interest on the
Economic Development Account referred to in sub-
section (a)(5)(B) shall be available to the Tribe for
expenditure pursuant to an economic development
plan approved by the Secretary.
(3) Both principal and accrued interest on the
Future Water Supply Facilities Account referred to
in subsection (a)(5)(C) shall be available to the
Tribe for expenditure pursuant to a water supply
plan approved by the Secretary.
(d) INVESTMENT OF FUND.—
(1) IN GENERAL.—
(A) APPLICABLE
LAWS.—The Secretary
shall invest amounts in the Fund in accordance
with—
(i) the Act of April 1, 1880 (21 Stat.
70, chapter 41; 25 U.S.C. 161);
(ii) the first section of the Act entitled
‘‘An Act to authorize the payment of inter-
est of certain funds held in trust by the
United States for Indian tribes’’, approved
February 12, 1929 (25 U.S.C. 161a); and
(iii) the first section of the Act enti-
tled ‘‘An Act to authorize the deposit and
investment of Indian funds’’, approved
June 24, 1938 (25 U.S.C. 162a).
(B) CREDITING
OF
AMOUNTS
TO
THE
FUND.—The interest on, and the proceeds from
the sale or redemption of, any obligations of the
United States held in the Fund shall be cred-
ited to and form part of the Fund. The Sec-
retary of the Treasury shall credit to each of
the accounts contained in the Fund a propor-
tionate amount of that interest and proceeds.
(2) CERTAIN WITHDRAWN FUNDS.—
(A) IN
GENERAL.—Amounts withdrawn
from the Fund and deposited in a private finan-
cial institution pursuant to a withdrawal plan
approved by the Secretary under the American
Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.) shall be invested
by an appropriate official under that plan.
(B) DEPOSIT
OF
INTEREST
AND
PRO-
CEEDS.—The interest on, and the proceeds
from the sale or redemption of, any obligations
held under this paragraph shall be deposited in
the private financial institution referred to in
subparagraph (A) in the fund established pur-
suant to the withdrawal plan referred to in that
subparagraph. The appropriate official shall
credit to each of the accounts contained in that
fund a proportionate amount of that interest
and proceeds.
(e) AGREEMENT
REGARDING
FUND
EXPENDI-
TURES.—If the Tribe does not exercise its right under
subsection (a)(4) to withdraw the funds in the Fund and
transfer those funds to a private financial institution, the
Secretary shall enter into an agreement with the Tribe
providing for appropriate terms and conditions, if any, on
expenditures from the Fund in addition to the plans set
forth in paragraphs (2) and (3) of subsection (c).
(f) PER CAPITA DISTRIBUTIONS PROHIBITED.—No
part of the Fund shall be distributed on a per capita basis
to members of the Tribe.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) FISCAL YEAR 1999 APPROPRIATIONS.—Of the
amounts made available by appropriations for fiscal year
1999 for the Bureau of Reclamation, $1,000,000 shall be
used for the purpose of commencing the MR&I feasibility
study under section 7(a) and the regional study under sec-
tion 7(c), of which—
(1) $500,000 shall be used for the MR&I study
under section 7(a); and
(2) $500,000 shall be used for the regional
study under section 7(c).
(b) FEASIBILITY STUDIES.—There is authorized to
be appropriated to the Department of the Interior, for the
Bureau of Reclamation, for the purpose of conducting the
MR&I feasibility study under section 7(a) and the regional
study under section 7(c), $3,000,000 for fiscal year 2000,
of which—
(1) $500,000 shall be used for the MR&I fea-
sibility study under section 7(a); and
(2) $2,500,000 shall be used for the regional
study under section 7(c).
(c) CHIPPEWA CREE FUND.—There is authorized to
be appropriated for the Fund, $21,000,000 to be allocated
by the Secretary as follows:
(1) TRIBAL
COMPACT
ADMINISTRATION
AC-
COUNT.—For Tribal Compact Administration as-
sumed by the Tribe under the Compact and this Act,
$3,000,000 is authorized to be appropriated for fis-
cal year 2000.
(2) ECONOMIC DEVELOPMENT ACCOUNT.—For
tribal economic development, $3,000,000 is author-
ized to be appropriated for fiscal year 2000.
(3) FUTURE
WATER
SUPPLY
FACILITIES
AC-
COUNT.—For the total Federal contribution to the
planning, design, construction, operation, mainte-
nance, and rehabilitation of a future water supply
system for the Reservation, there are authorized to
be appropriated—
(A) $2,000,000 for fiscal year 2000;
(B) $8,000,000 for fiscal year 2001; and
(C) $5,000,000 for fiscal year 2002.
(d) ON-RESERVATION WATER DEVELOPMENT.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Department of the Interior, for
the Bureau of Reclamation, for the construction of
the on-Reservation water development projects au-
thorized by section 9—
(A) $13,000,000 for fiscal year 2000, for
the planning, design, and construction of the
Bonneau Dam Enlargement, for the develop-
ment of additional capacity in Bonneau Res-
ervoir for storage of water secured to the Tribe
under the Compact;
(B) $8,000,000 for fiscal year 2001, for
the planning, design, and construction of the
East Fork Dam and Reservoir enlargement, of
the Brown’s Dam and Reservoir enlargement,
and of the Towe Ponds enlargement of which—
(i) $4,000,000 shall be used for the
East Fork Dam and Reservoir enlarge-
ment;
(ii) $2,000,000 shall be used for the
Brown’s Dam and Reservoir enlargement;
and
(iii) $2,000,000 shall be used for the
Towe Ponds enlargement; and
(C) $3,000,000 for fiscal year 2002, for
the planning, design, and construction of such
other water resource developments as the Tribe,
with the approval of the Secretary, from time to
time may consider appropriate or for the com-
pletion of the 4 projects enumerated in sub-
paragraphs (A) and (B) of paragraph (1).
(2) 
UNEXPENDED
BALANCES.—Any 
unex-
pended balance in the funds authorized to be appro-
priated under subparagraph (A) or (B) of paragraph
(1), after substantial completion of all of the
projects enumerated in paragraphs (1) through (4)
of section 9(a)—
(A) shall be available to the Tribe first for
completion of the enumerated projects; and
(B) then for other water resource develop-
ment projects on the Reservation.
(e) ADMINISTRATION COSTS.—There is authorized to
be appropriated to the Department of the Interior, for the
Bureau of Reclamation, $1,000,000 for fiscal year 2000,
for the costs of administration of the Bureau of Reclama-
tion under this Act, except that—
(1) if those costs exceed $1,000,000, the Bu-
reau of Reclamation may use funds authorized for
appropriation under subsection (d) for costs; and
(2) the Bureau of Reclamation shall exercise its
best efforts to minimize those costs to avoid expendi-
tures for the costs of administration under this Act
that exceed a total of $1,000,000.
(f) AVAILABILITY OF FUNDS.—
(1) IN GENERAL.—The amounts authorized to
be appropriated to the Fund and allocated to its ac-
counts pursuant to subsection (c) shall be deposited
into the Fund and allocated immediately on appro-
priation.
(2) INVESTMENTS.—Investments may be made
from the Fund pursuant to section 10(d).
(3) AVAILABILITY OF CERTAIN MONEYS.—The
amounts made available for use under subsection (a)
shall be deemed to have been available for use as of
the date on which those funds were appropriated.
The amounts authorized to be appropriated in sub-
sections (b) and (c)(1) shall be available for use im-
mediately upon appropriation.
(4) LIMITATION.—Those moneys allocated by
the Secretary to accounts in the Fund or in a fund
established under section 10(a)(4) shall draw inter-
est consistent with section 10(d), but the moneys au-
thorized to be appropriated under subsection (d) and
paragraphs (2) and (3) of subsection (c) shall not be
available for expenditure until the requirements of
section 5(b) have been met so that the decree has
become final and the Tribe has executed the waiver
and release required under section 13(c).
(g) RETURN OF FUNDS TO THE TREASURY.—
(1) IN GENERAL.—In the event that the ap-
proval, ratification, and confirmation of the Compact
by the United States becomes null and void under
section 5(b), all unexpended funds appropriated
under the authority of this Act together with all in-
terest earned on such funds, notwithstanding wheth-
er the funds are held by the Tribe, a private institu-
tion, or the Secretary, shall revert to the general
fund of the Treasury 12 months after the expiration
of the deadline established in section 5(b).
(2) INCLUSION IN AGREEMENTS AND PLAN.—
The requirements in paragraph (1) shall be included
in all annual funding agreements entered into under
the self-governance program under title IV of the In-
dian Self-Determination and Education Assistance
Act (25 U.S.C. 458aa et seq.), withdrawal plans,
withdrawal agreements, or any other agreements for
withdrawal or transfer of the funds to the Tribe or
a private financial institution under this Act.
(h) WITHOUT FISCAL YEAR LIMITATION.—All money
appropriated pursuant to authorizations under this Act
shall be available without fiscal year limitation.
SEC. 12. STATE CONTRIBUTIONS TO SETTLEMENT.
Consistent with Articles VI.C.2 and C.3 of the Com-
pact, the State contribution to settlement shall be as fol-
lows:
(1) The contribution of $150,000 appropriated
by Montana House Bill 6 of the 55th Legislative
Session (1997) shall be used for the following pur-
poses:
(A) Water quality discharge monitoring
wells and monitoring program.
(B) A diversion structure on Big Sandy
Creek.
(C) A conveyance structure on Box Elder
Creek.
(D) The purchase of contract water from
Lower Beaver Creek Reservoir.
(2) Subject to the availability of funds, the
State shall provide services valued at $400,000 for
administration required by the Compact and for
water quality sampling required by the Compact.
SEC. 13. MISCELLANEOUS PROVISIONS.
(a) NONEXERCISE OF TRIBE’S RIGHTS.—Pursuant
to Tribal Resolution No. 40–98, and in exchange for bene-
fits under this Act, the Tribe shall not exercise the rights
set forth in Article VII.A.3 of the Compact, except that
in the event that the approval, ratification, and confirma-
tion of the Compact by the United States becomes null
and void under section 5(b), the Tribe shall have the right
to exercise the rights set forth in Article VII.A.3 of the
Compact.
(b) WAIVER OF SOVEREIGN IMMUNITY.—Except to
the extent provided in subsections (a), (b), and (c) of sec-
tion 208 of the Department of Justice Appropriation Act,
1953 (43 U.S.C. 666), nothing in this Act may be con-
strued to waive the sovereign immunity of the United
States.
(c) TRIBAL RELEASE
OF CLAIMS AGAINST
THE
UNITED STATES.—
(1) IN GENERAL.—Pursuant to Tribal Resolu-
tion No. 40–98, and in exchange for benefits under
this Act, the Tribe shall, on the date of enactment
of this Act, execute a waiver and release of the
claims described in paragraph (2) against the United
States, the validity of which are not recognized by
the United States, except that—
(A) the waiver and release of claims shall
not become effective until the appropriation of
the funds authorized in section 11 has been
completed and the decree has become final in
accordance with the requirements of section
5(b); and
(B) in the event that the approval, ratifica-
tion, and confirmation of the Compact by the
United States becomes null and void under sec-
tion 5(b), the waiver and release of claims shall
become null and void.
(2) CLAIMS DESCRIBED.—The claims referred
to in paragraph (1) are as follows:
(A) Any and all claims to water rights (in-
cluding water rights in surface water, ground
water, and effluent), claims for injuries to
water rights, claims for loss or deprivation of
use of water rights, and claims for failure to ac-
quire or develop water rights for lands of the
Tribe from time immemorial to the date of rati-
fication of the Compact by Congress.
(B) Any and all claims arising out of the
negotiation of the Compact and the settlement
authorized by this Act.
(3) SETOFFS.—In the event the waiver and re-
lease do not become effective as set forth in para-
graph (1)—
(A) the United States shall be entitled to
setoff against any claim for damages asserted
by the Tribe against the United States, any
funds transferred to the Tribe pursuant to sec-
tion 11, and any interest accrued thereon up to
the date of setoff; and
(B) the United States shall retain any
other claims or defenses not waived in this Act
or in the Compact as modified by this Act.
(d) OTHER TRIBES NOT ADVERSELY AFFECTED.—
Nothing in this Act is intended to quantify or otherwise
adversely affect the land and water rights, or claims or
entitlements to land or water of an Indian tribe other than
the Chippewa Cree Tribe.
(e) ENVIRONMENTAL COMPLIANCE.—In implement-
ing the Compact, the Secretary shall comply with all as-
pects of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), and all other applicable
environmental Acts and regulations.
(f) EXECUTION OF COMPACT.—The execution of the
Compact by the Secretary as provided for in this Act shall
not constitute a major Federal action under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.). The
Secretary is directed to carry out all necessary environ-
mental compliance required by Federal law in implement-
ing the Compact.
(g) CONGRESSIONAL INTENT.—Nothing in this Act
is intended to—
(1) alter the trust responsibility of the United
States to the Tribe; or
(2) prohibit the Tribe from seeking additional
authorization or appropriation of funds for tribal
programs or purposes.
(h) ACT NOT PRECEDENTIAL.—Nothing in this Act
shall be construed or interpreted as a precedent for the
litigation of reserved water rights or the interpretation or
administration of future water settlement Acts.
Æ