Union Calendar No. 217
106TH CONGRESS
1ST SESSION
H. R. 795
[Report No. 106–374]
A BILL
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.
OCTOBER 12, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union
and ordered to be printed
IB
Union Calendar No. 217
106TH CONGRESS
1ST SESSION
H. R. 795
[Report No. 106–374]
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
OCTOBER 12, 1999
Additional sponsors: Mr. YOUNG of Alaska, Mr. KILDEE, and Mr. HAYWORTH
OCTOBER 12, 1999
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 February 23, 1999]
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 and Water Supply Enhancement Act of
1999’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) in fulfillment of its trust responsibility to In-
dian tribes and to promote tribal sovereignty and eco-
nomic 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 established
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 per-
manent, 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 de-
velopment of the water resources of the Reservation;
(5) the planning, design, and construction of the
facilities needed to utilize water supplies effectively
are necessary to the development of a viable Reserva-
tion economy and to implementation of the Chippewa
Cree-Montana Water Rights Compact;
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 mecha-
nisms 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 provide the Tribe with
an allocation of water from Tiber Reservoir.
(7) To authorize the appropriation of funds nec-
essary for the implementation of the Compact.
SEC. 4. DEFINITIONS.
In this Act:
(1) ACT.—The term ‘‘Act’’ means the ‘‘Chippewa
Cree Tribe of The Rocky Boy’s Reservation Indian
Reserved Water Rights Settlement and Water Supply
Enhancement Act of 1999’’.
(2) 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).
(3) FINAL.—The term ‘‘final’’ with reference to
approval of the decree in section 101(b) means com-
pletion 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 Annotated
(1997), or to the Federal Court of Appeals, including
the expiration of the time in which a petition for cer-
tiorari may be filed in the United States Supreme
Court, denial of such a petition, or the issuance of the
Supreme Court’s mandate, whichever occurs last.
(4) FUND.—The term ‘‘Fund’’ means the Chip-
pewa Cree Indian Reserved Water Rights Settlement
Fund established under section 104.
(5) 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)).
(6) 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 202.
(7) MISSOURI RIVER SYSTEM.—The term ‘‘Mis-
souri River System’’ means the mainstem of the Mis-
souri River and its tributaries, including the Marias
River.
(8) RECLAMATION LAW.—The term ‘‘Reclamation
Law’’ has the meaning given the term ‘‘reclamation
law’’ in section 4 of the Act of December 5, 1924 (43
Stat. 701, chapter 4; 43 U.S.C. 371).
(9) ROCKY BOY’S RESERVATION; RESERVATION.—
The term ‘‘Rocky Boy’s Reservation’’ or ‘‘Reserva-
tion’’ means the Rocky Boy’s Reservation of the Chip-
pewa Cree Tribe in Montana.
(10) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, or his or her duly au-
thorized representative.
(11) TOWE
PONDS.—The term ‘‘Towe Ponds’’
means the reservoir or reservoirs referred to as
‘‘Stoneman Reservoir’’ in the Compact.
(12) TRIBAL
COMPACT
ADMINISTRATION.—The
term ‘‘Tribal Compact Administration’’ means the ac-
tivities assumed by the Tribe for implementation of
the Compact as set forth in Article IV of the Compact.
(13) TRIBAL
WATER
CODE.—The term ‘‘tribal
water code’’ means a water code adopted by the Tribe,
as provided in the Compact.
(14) 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 Annotated
(1997) and includes the water allocation set forth
in title II of this Act.
(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 interpreted as
a precedent for the litigation of reserved water
rights or the interpretation or administration of
future compacts between the United States and
the State of Montana or any other State.
(15) TRIBE.—The term ‘‘Tribe’’ means the Chip-
pewa Cree Tribe of the Rocky Boy’s Reservation and
all officers, agents, and departments thereof.
(16) 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. MISCELLANEOUS PROVISIONS.
(a) NONEXERCISE OF TRIBE’S RIGHTS.—Pursuant to
Tribal Resolution No. 40–98, and in exchange for benefits
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 confirmation of
the Compact by the United States becomes null and void
under section 101(b), the Tribe shall have the right to exer-
cise 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 section
208 of the Department of Justice Appropriation Act, 1953
(43 U.S.C. 666), nothing in this Act may be construed to
waive the sovereign immunity of the United States.
(c) TRIBAL
RELEASE
OF
CLAIMS
AGAINST
THE
UNITED STATES.—
(1) IN GENERAL.—Pursuant to Tribal Resolution
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 de-
scribed 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 105, the water al-
location in section 201, and the appropriation of
funds for the MR&I feasibility study authorized
in section 204 have been completed and the de-
cree has become final in accordance with the re-
quirements of section 101(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 101(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 acquire or
develop water rights for lands of the Tribe from
time immemorial to the date of ratification 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 paragraph
(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 section 104,
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 enti-
tlements to land or water of an Indian tribe other than
the Chippewa Cree Tribe.
(e) ENVIRONMENTAL COMPLIANCE.—In implementing
the Compact, the Secretary shall comply with all aspects
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 environ-
mental 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 of 1969 (42 U.S.C. 4321 et seq.).
The Secretary is directed to carry out all necessary environ-
mental compliance required by Federal law in imple-
menting the Compact.
(g) CONGRESSIONAL INTENT.—Nothing in this Act is
intended to prohibit the Tribe from seeking additional au-
thorization 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 liti-
gation of reserved water rights or the interpretation or ad-
ministration of future water settlement Acts.
TITLE I—CHIPPEWA CREE TRIBE
OF THE ROCKY BOY’S RES-
ERVATION INDIAN RESERVED
WATER RIGHTS SETTLEMENT
SEC. 101. 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 to-
gether 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 necessary
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 petition 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 Montana 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 Article
VII.B.4 of the Compact, 1 or more parties may file
an appropriate motion (as provided in that article)
in the United States district court of appropriate ju-
risdiction.
(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 de-
cree, or the decree is approved but is subsequently 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 105(e)(1),
5(a), and 5(c)(3), this Act shall be of no further
force and effect.
SEC. 102. 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 admin-
ister 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 described
in paragraph (1) shall be administered by the Tribe
pursuant to a tribal water code developed and adopt-
ed pursuant to Article IV.A.2 of the Compact, 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 de-
livery, 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 sub-
section may permanently alienate any portion of the Tribal
Water Right.
SEC. 103. 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 appropriate.
(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, design, and
construct any or all of the projects authorized by this sec-
tion.
(c) BUREAU OF RECLAMATION PROJECT ADMINISTRA-
TION.—
(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. 104. 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 105(a) 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 accounts
as required in this Act:
(A) The Tribal Compact Administration
Account.
(B) The Economic Development Account.
(C) The Future Water Supply Facilities Ac-
count.
(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 105(a), 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 withdraw
the Fund and deposit it in a private financial
institution, except as provided in the withdrawal
plan, neither the Secretary nor the Secretary of
the Treasury shall retain any oversight over or
liability for the accounting, disbursement, or in-
vestment of the funds.
(B) WITHDRAWAL PLAN.—The withdrawal
plan shall provide for—
(i) the creation of accounts and alloca-
tion to accounts in a fund established under
the plan in a manner consistent with sub-
section (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 re-
strictions on expenditures:
(1) Except for $400,000 necessary for capital ex-
penditures 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 ex-
penditure 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 ap-
proved 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 entitled
‘‘An Act to authorize the deposit and invest-
ment 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 credited
to and form part of the Fund. The Secretary of
the Treasury shall credit to each of the accounts
contained in the Fund a proportionate 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 sub-
paragraph (A) in the fund established pursuant
to the withdrawal plan referred to in that sub-
paragraph. The appropriate official shall credit
to each of the accounts contained in that fund a
proportionate amount of that interest and pro-
ceeds.
(e) AGREEMENT REGARDING FUND EXPENDITURES.—
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 appro-
priate 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. 105. AUTHORIZATION OF APPROPRIATIONS.
(a) 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 fiscal
year 2000.
(2) ECONOMIC
DEVELOPMENT
ACCOUNT.—For
tribal economic development, $3,000,000 is authorized
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.
(b) ON-RESERVATION WATER DEVELOPMENT.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Department of the Interior, for the
Bureau of Reclamation, for the construction of the on-
Reservation water development projects authorized by
section 103—
(A) $13,000,000 for fiscal year 2000, for the
planning, design, and construction of the
Bonneau Dam Enlargement, for the development
of additional capacity in Bonneau Reservoir 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 enlargement;
(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 completion
of the 4 projects enumerated in subparagraphs
(A) and (B) of paragraph (1).
(2) UNEXPENDED BALANCES.—Any unexpended
balance in the funds authorized to be appropriated
under subparagraph (A) or (B) of paragraph (1),
after substantial completion of all of the projects enu-
merated in paragraphs (1) through (4) of section
103(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.
(c) 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 Reclamation
under this Act, except that—
(1) if those costs exceed $1,000,000, the Bureau
of Reclamation may use funds authorized for appro-
priation under subsection (b) 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.
(d) AVAILABILITY OF FUNDS.—
(1) IN GENERAL.—The amounts authorized to be
appropriated to the Fund and allocated to its ac-
counts pursuant to subsection (a) shall be deposited
into the Fund and allocated immediately on appro-
priation.
(2) INVESTMENTS.—Investments may be made
from the Fund pursuant to section 104(d).
(3) AVAILABILITY
OF
CERTAIN
MONEYS.—The
amounts authorized to be appropriated in subsection
(a)(1) shall be available for use immediately upon ap-
propriation in accordance with subsection 104(c)(1).
(4) LIMITATION.—Those moneys allocated by the
Secretary to accounts in the Fund or in a fund estab-
lished under section 104(a)(4) shall draw interest con-
sistent with section 104(d), but the moneys authorized
to be appropriated under subsection (b) and para-
graphs (2) and (3) of subsection (a) shall not be
available for expenditure until the requirements of
section 101(b) have been met so that the decree has be-
come final and the Tribe has executed the waiver and
release required under section 5(c).
(e) 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 sec-
tion 101(b), all unexpended funds appropriated under
the authority of this Act together with all interest
earned on such funds, notwithstanding whether the
funds are held by the Tribe, a private institution, or
the Secretary, shall revert to the general fund of the
Treasury 12 months after the expiration of the dead-
line established in section 101(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 Indian
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 fi-
nancial institution under this Act.
(f) WITHOUT FISCAL YEAR LIMITATION.—All money
appropriated pursuant to authorizations under this title
shall be available without fiscal year limitation.
SEC. 106. 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 follows:
(1) The contribution of $150,000 appropriated
by Montana House Bill 6 of the 55th Legislative Ses-
sion (1997) shall be used for the following purposes:
(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 adminis-
tration required by the Compact and for water qual-
ity sampling required by the Compact.
TITLE II—TIBER RESERVOIR AL-
LOCATION AND FEASIBILITY
STUDIES AUTHORIZATION
SEC. 201. TIBER RESERVOIR.
(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, Montana, meas-
ured 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 101(b)
has become final in accordance with that section. The
allocation shall be part of the Tribal Water Right and
subject to the terms of this Act.
(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 allo-
cation 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, mining, or rec-
reational uses, within or outside the Rocky Boy’s Res-
ervation.
(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 contract,
lease, exchange, or other agreement providing for the
temporary delivery, use, or transfer of the water allo-
cated by this section, except that no such service con-
tract, lease, exchange, or other agreement may perma-
nently alienate any portion of the tribal allocation.
(c) REMAINING STORAGE.—The United States shall re-
tain the right to use for any authorized purpose, any and
all storage remaining in Lake Elwell after the allocation
made to the Tribe in subsection 201(a).
(d) WATER TRANSPORT OBLIGATION; DEVELOPMENT
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. Except for the
contribution set forth in subsection 105(a)(3), the cost of
developing and delivering the water allocated by this title
or any other supplemental water to the Rocky Boy’s Res-
ervation shall not be borne by the United States.
(e) SECTION NOT PRECEDENTIAL.—The provisions of
this section regarding the allocation of water resources from
the Tiber Reservoir to the Tribe shall not be construed as
precedent in the litigation or settlement of any other Indian
water right claims.
SEC. 202. MUNICIPAL, RURAL, AND INDUSTRIAL FEASI-
BILITY STUDY.
(a) AUTHORIZATION.—
(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 feasibility
study shall include the feasibility of releasing the
Tribe’s Tiber allocation as provided in section 201
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 Chip-
pewa Cree Tribe.
(b) ACCEPTANCE OR PARTICIPATION IN IDENTIFIED
OFF-RESERVATION SYSTEM.—The United States, the Chip-
pewa Cree Tribe of the Rocky Boy’s Reservation, and the
State of Montana shall not be obligated to accept or partici-
pate in any potential off-Reservation water supply system
identified in the MR&I feasibility study authorized in sub-
section (a).
SEC. 203. REGIONAL FEASIBILITY STUDY.
(a) IN GENERAL.—
(1) STUDY.—The Secretary, through the Bureau
of Reclamation, shall conduct, pursuant to Reclama-
tion 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 citi-
zens of Montana.
(2) USE OF FUNDS MADE AVAILABLE FOR FISCAL
YEAR 1999.—The authority under paragraph (1) shall
be deemed to apply to regional feasibility study ac-
tivities for which funds were made available by ap-
propriations for fiscal year 1999.
(b) CONTENTS OF STUDY.—The regional feasibility
study shall—
(1) evaluate existing and potential water sup-
plies, uses, and management;
(2) identify major water-related issues, including
environmental, water supply, and economic issues;
(3) evaluate opportunities to resolve the issues
referred to in paragraph (2); and
(4) evaluate options for implementation of reso-
lutions to the issues.
(c) REQUIREMENTS.—Because of the regional and
international impact of the regional feasibility study, the
study may not be segmented. The regional study shall—
(1) utilize, to the maximum extent possible, ex-
isting information; and
(2) be planned and conducted in consultation
with all affected interests, including interests in Can-
ada.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR FEA-
SIBILITY STUDIES.
(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 202 and the regional study under sec-
tion 203, of which—
(1) $500,000 shall be used for the MR&I study
under section 202; and
(2) $500,000 shall be used for the regional study
under section 203.
(b) FEASIBILITY STUDIES.—There is authorized to be
appropriated to the Department of the Interior, for the Bu-
reau of Reclamation, for the purpose of conducting the
MR&I feasibility study under section 202 and the regional
study under section 203, $3,000,000 for fiscal year 2000,
of which—
(1) $500,000 shall be used for the MR&I feasi-
bility study under section 202; and
(2) $2,500,000 shall be used for the regional
study under section 203.