IB
Union Calendar No. 456
105TH CONGRESS
2D SESSION
H. R. 3056
[Report No. 105–812]
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
OCTOBER 12, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 13, 1997]
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 FLATHEAD
INDIAN 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 respon-
sibility for operation and maintenance of the Irrigation Di-
vision of the Flathead Indian Irrigation Project in Mon-
tana. This Act does not affect and is not intended to affect
in any way the negotiation or adjudication of water rights,
including those of the Confederated Salish and Kootenai
Tribes of the Flathead Nation.
(b) DEFINITIONS.—In this Act:
(1) IRRIGATION DISTRICT.—The term ‘‘irrigation
district’’ means 1 or more irrigation districts orga-
nized 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 Irri-
gation Division of the Flathead Indian Irrigation
Project constructed under section 14 of the Act of
April 23, 1904 (33 Stat. 305, chapter 1495) and sec-
tion 14 of the Act of May 29, 1908 (35 Stat. 450,
chapter 216).
(3) TRIBE.—The term ‘‘Tribe’’ refers to the Con-
federated Salish and Kootenai Tribes of the Flathead
Nation, a federally recognized tribe organized pursu-
ant to the Indian Reorganization Act of 1934.
(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). Such contract shall con-
tain each of the following provisions:
(1) Provisions identifying the trust responsibil-
ities of the United States to the Tribe that are affected
by the operation and maintenance of the Irrigation
Division and ensuring that the United States is able
to fulfill such responsibilities.
(2) Provisions ensuring that in its operation and
maintenance of the Irrigation Division the irrigation
district maintains the interim instream flows estab-
lished by the Bureau of Indian Affairs to preserve
fisheries pending adjudication of water rights and,
thereafter, as required by the rulings of said adjudica-
tion or negotiation.
(3) Provisions ensuring that existing obligations
governing the repayment of the construction costs of
the Project are continued unaffected by this enactment
and the contract; except that providing the irrigation
districts shall make a payment of $1,000,000 to the
United States Treasury on the unmatured install-
ments of construction debt by December 31, 2001.
(4) Provisions amending the existing repayment
contracts between the irrigation district and the
United States to provide that net revenues from the
operation of the Power Division shall not be used to
pay operation and maintenance costs of the Irriga-
tion Division.
(5) Provisions providing for revocation of the
contract and the irrigation district’s right to operate
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
willingly and knowingly damaging tribal trust assets,
but operation of the Project as it 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 such assets, and any changes
in operation required as a result of new information
and administrative policies and decisions adopted
pursuant to title 5, United States Code, judicial deci-
sions, or negotiations shall not be a ground for rev-
ocation of the contract unless the irrigation district
refuses to adapt its operation and maintenance of the
Project to the requirements of such new information,
judicial decisions, or negotiations.
(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 enact-
ment 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 operation
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 the date of enactment of this Act,
that were purchased with operation and maintenance
funds.
(3) REAL PROPERTY.—Under the contract, the
Secretary shall not transfer to the irrigation district
ownership of any real property right, whether to land,
or an easement therein, nor shall the Secretary trans-
fer to the irrigation district the ownership of any
water right.
(f) WATER RIGHTS.—This Act does not affect the nego-
tiation of water rights between the State of Montana, the
United States, and the Confederated Salish and Kootenai
Tribes.