I
103D CONGRESS
2D SESSION
H. R. 5098
To ratify a compact between the Assiniboine and Sioux Indian Tribes of
the Fort Peck Reservation and the State of Montana.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 1994
Mr. WILLIAMS introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To ratify a compact between the Assiniboine and Sioux In-
dian Tribes of the Fort Peck Reservation and the State
of Montana.
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 ‘‘Fort Peck Tribes-
Montana Compact Act of 1994’’.
SEC. 2. RATIFICATION OF COMPACT.
The Fort Peck Indian Tribes-Montana Compact is
approved, ratified and confirmed.
(c) ENFORCEMENT.—A party to a Water Agreement
or modification may enforce the provisions of subsection
(b) in accordance with the provisions of section 1361 of
title 28, United States Code.
(d) CONFIDENTIALITY.—Notwithstanding any other
provision of law, the Department of the Interior shall
treat—
(1) any projection, study, data or other infor-
mation under the control of the Department of the
Interior relating to the terms and conditions of a
Water Agreement or modification of such an agree-
ment; or
(2) any information relating to a financial bene-
fit accruing to the Tribes as a result of a Water
Agreement or modification of such an agreement;
as the privileged, proprietary information of the Tribes.
(e) LIMITATION.—Notwithstanding any other provi-
sion of this Act or the Fort Peck Indian Tribes-Montana
Compact, the Tribes may not enter into any Water Agree-
ment which authorizes the use of the tribal water right
outside the Basin.
(f) ECONOMIC DEVELOPMENT.—(1) There is estab-
lished in the Treasury of the United States the ‘‘Assini-
boine and Sioux Tribes Economic Recovery Fund’’.
(2) Commencing with fiscal year 1996, and for each
fiscal year thereafter, the Secretary of the Treasury shall
deposit in the fund an amount equal to 10 percent of the
receipts from deposits to the United States Treasury for
the preceding fiscal year from the integrated programs of
the Eastern Division of the Pick-Sloan Missouri River
Basin Project administered by the Western Area Power
Administration, but in no event shall the aggregate of the
amounts deposited to the fund established by this sub-
section exceed $50,000,000.
(3) The Secretary of the Treasury shall deposit the
interest which accrues on deposits to the fund in a sepa-
rate account in the Treasury of the United States. Such
interest shall be available, without fiscal year limitation,
for use by the Secretary of the Interior, commencing with
fiscal year 1999, and each fiscal year thereafter, in mak-
ing payments to the Tribes for use for (A) tribal economic
development, including development of long-term profit-
making opportunities for the Tribes and employment op-
portunities for tribal members, and (B) for acquisition of
lands including trust lands within the Reservation from
willing sellers and the improvement of such acquired
lands, subject to the approval of the Secretary. No part
of the principal of the fund shall be available for making
such payments.
(4) Amounts deposited in the fund shall be
nonreimbursable and nonreturnable.
(5) No payments pursuant to this Act shall result in
the reduction, or the denial, of any Federal services or
programs that the Tribes or any of their members, are
otherwise entitled to, or eligible for, because of their status
as a federally recognized Indian tribe or member pursuant
to Federal law. No payments pursuant to this Act shall
be subject to Federal or State income tax, or affect Pick-
Sloan Missouri River Basin power rates in any way.
(6) No part of any moneys in any fund under this
Act shall be distributed to any member of the Tribes on
a per capita basis.
(g) WAIVER
OF CLAIMS AGAINST
THE UNITED
STATES.—In consideration of performance by the United
States of all actions required by this Act, including the
congressional authorization, appropriation, and payment
of all funds for the Fund, the Tribes shall be deemed to
have executed in return a waiver and release of any and
all existing claims against the United States arising in
whole or in part from or concerning water rights finally
settled by the Fort Peck Indian Tribes-Montana Compact.
SEC. 4. DEFINITIONS.
For purposes of this Act—
(1) The term ‘‘Fort Peck Indian Tribes-Mon-
tana Compact’’ means the compact relating to the
reserved water rights of the Assiniboine and Sioux
Tribes of the Fort Peck Reservation that was rati-
fied by the Tribes on April 29, 1985, and by the leg-
islature of the State of Montana on May 15, 1985.
(2) The term ‘‘Reservation’’ means the Fort
Peck Indian Reservation, as defined in the agree-
ment of December 28, 1886, and December 31,
1886, and as confirmed by the Act approved May 1,
1888 (25 Stat. 113).
(3) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) The term ‘‘Tribes’’ means the Assiniboine
and Sioux Tribes of the Fort Peck Indian Reserva-
tion.
(5) The term ‘‘tribal water right’’ means the
tribal water right defined in, and subject to, the
Fort Peck-Montana Compact.
(6) The term ‘‘Fund’’ means the Assiniboine
and Sioux Tribes Economic Recovery Fund estab-
lished by section 3(f)(1).
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