Chippewa Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights Settlement and Water Supply Enhancement Act of 1999
PL 106-163 (S.438), enacted 12/09/1999

113 STAT. 1778 
PUBLIC LAW 106-163—DEC. 9, 1999 
Public Law 106-163 
106th Congress 
Dec. 9, 1999 
[S. 438] 
Chippewa Cree 
Tribe of The 
Rocky Boy's 
Reservation 
Indian Reserved 
Water Rights 
Settlement and 
Water Supply 
Enhancement 
Act of 1999. 
Montana. 
An Act 
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. 
Be it enacted by the Senate and House of Representatives 
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 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 Bo^s Reservation was established as a home-
land for the Chippewa Cree Tribe; 
(3) adequate water for the Chippewa Cree Tribe of the 
Rocky Boy's Reservation is important to a permanent, sustain-
able, 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 Reservation; 
(5) the planning, design, and construction of the facilities 
needed to utilize water supplies effectively 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 it is appropriate that the Act provide 
funding for the development of additional water supplies, 
including 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 currently 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 Underground, within the State of Montana; 
(8) recognizing that final resolution of the general stream 
adjudication will take many years and entail great expense 
to all parties, prolong uncertainty as to the availability of 
water supplies, and seriously impair the long-term economic 
planning and development of all parties, the Chippewa Cree 
PUBLIC LAW 106-163—DEC. 9, 1999 
113 STAT. 1779 
Tribe and the State of Montana entered into the Compact 
on April 14, 1997; and 
(9) the allocation of water resources from the Tiber Res-
ervoir to the Chippewa Cree Tribe under this Act is uniquely 
suited to the geographic, social, and economic characteristics 
of the area and situation involved. 
SEC. 3. PURPOSES. 
The purposes of this Act are as follows: 
(1) To achieve a fair, equitable, and final settlement 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 funding and other authorization necessary for the 
implementation 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 designed to 
identify and analyze potential mechanisms to enhance, through 
conservation or otherwise, water supplies in North Central 
Montana, including mechanisms to import domestic water sup-
plies for the future growth of the Rocky Boy's Indian Reserva-
tion. 
(5) To authorize certain projects on the Rocky Boy's Indian 
Reservation, Montana, in order to implement the Compact. 
(6) To authorize certain modifications to the purposes and 
operation of the Bureau of Reclamation'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 necessary 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 completion 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 
certiorari 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. 
113 STAT. 1780 
PUBLIC LAW 106-163—DEC. 9, 1999 
(4) FUND.—The term "Fund" means the Chippewa 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 relief feasibility study described in section 
202. 
(7) MISSOURI RIVER SYSTEM.—^The term "Missouri River 
System" means the mainstem of the Missouri 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 "Reservation" means the Rocky 
Boy's Reservation of the Chippewa Cree Tribe in Montana. 
(10) SECRETARY.—^The term "Secretary" means the Sec-
retary of the Interior, or his or her duly authorized representa-
tive. 
(11) To 
WE 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 activities 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 definition of 
the 
term "Tribal Water Right" under this paragraph and the 
treatment of that right under this Act shall not be con-
strued or interpreted as a precedent for the litigation of 
reserved water rights or the interpretation or administra-
tion of future compacts between the United States and 
the State of Montana or any other State. 
(15) TRIBE.—^The term "Tribe" means the Chippewa 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 modifica-
tion of water courses or water bodies in any way. 
SEC. 5. MISCELLANEOUS PROVISIONS. 
(a) NONEXERCISE OF TRIBE'S RIGHTS.—Pursuant to Tribal Reso-
lution 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 
PUBLIC LAW 106-163—DEC. 9, 1999 
113 STAT. 1781 
of the Compact, except that in the event that the approval, ratifica-
tion, and confirmation of the Compact by the United States becomes 
null and void under section 101(b), the Tribe shall have the right 
to exercise the rights set forth in Article VILA. 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 Depart-
ment 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- Effective date. 
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 105, the water allocation in section 201, and 
the appropriation of funds for the MR&I feasibility study 
authorized in section 204 have been completed and the 
decree has become final in accordance with the require-
ments of section 101(b); and 
(B) 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 waiver and release 
of claims shall become null and void. 
(2) CLAIMS DESCRIBED.—The claims referred to in para-
graph (1) are as follows: 
(A) Any and all claims to water rights (including 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 release 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 shall be construed 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 implementing the Com-
pact, 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 environmental Acts and regulations. 
113 STAT. 1782 
PUBLIC LAW 106-163—DEC. 9, 1999 
(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 environmental compliance required by Federal 
law in implementing the Compact. 
(g) CONGRESSIONAL INTENT.—^Nothing in this Act shall be con-
strued to 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 con-
strued or interpreted as a precedent for the litigation of reserved 
water rights or the interpretation or administration of future water 
settlement Acts. 
TITLE I—CHIPPEWA CREE TRIBE OF 
THE ROCKY BOY'S RESERVATION IN-
DIAN RESERVED WATER RIGHTS SET-
TLEMENT 
SEC. 101. RATIFICATION OF COMPACT AND ENTRY OF DECREE. 
(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 approved, 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 necessary to imple-
ment the Compact. 
(b) APPROVAL OF DECREE.— 
Deadline. 
(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 
jurisdiction. 
(3) EFFECT OF FAILURE OF APPROVAL TO BECOME FINAL.— 
In the event the approval by the appropriate 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— 
PUBLIC LAW 106-163—DEC. 9, 1999 
113 STAT. 1783 
(A) the approval, ratification, and confirmation of the 
Compact by the United States shall be null and void; 
and 
(B) except as provided in subsections (a) and (c)(3) 
of section 5 and section 105(e)(1), 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 provided in 
the 
Compact, until the adoption and approval of a tribal water code 
by the Tribe, the Secretary shall administer 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 para-
graph (1) shall be administered by the Tribe pursuant to a 
tribal water code developed and adopted 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.—The Tribe 
may, with the approval of the Secretary and the approval of the 
State of Montana pursuant to Article IV.A.4 of the Compact, 
transfer any portion of the Tribal Water Right for use off the 
Reservation by service contract, lease, exchange, or other agree-
ment. No service contract, lease, exchange, or other agreement 
entered into under this subsection may permanently alienate any 
portion of the Tribal Water Right. The enactment of this subsection 
shall constitute a plenary exercise of the powers set forth in Article 
I, section 8(3) of the United States Constitution and is statutory 
law of the United States within the meaning of Article IV.A.4.b.(3) 
of the Compact. 
SEC. 103. O N - R E S E R V A T I O N WATER RESOURCES DEVELOPMENT. 
(a) WATER DEVELOPMENT PROJECTS.—The Secretary, acting 
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 Enlarge-
ment. 
(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 appro-
priate, renegotiate an existing agreement, with the Tribe to imple-
ment 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 section. 
(c) BUREAU OF RECLAMATION PROJECT ADMINISTRATION.— 
113 STAT. 1784 
PUBLIC LAW 106-163—DEC. 9, 1999 
(1) IN GENERAL.—Congress finds that the 
Secretary, 
through the Bureau of Reclamation, has entered into an agree-
ment with the Tribe, pursuant to title IV of the Indian Self-
Determination and Education 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 implement 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 established 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 invest-
ment 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 limitation. 
(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 consist 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 approval of the 
Secretary, may withdraw the Fund and deposit it in a mutually 
agreed upon private financial institution. That withdrawal shall 
be made pursuant 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 estab-
lish 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 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 
PUBLIC LAW 106-163—DEC. 9, 1999 
113 STAT. 1785 
for 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 investments 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 pursu-
ant 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 Sec-
retary of the Treasury shall retain any oversight over or 
liability for the accounting, disbursement, or investment 
of the funds. 
(B) WITHDRAWAL PLAN.—^The withdrawal plan referred 
to in subparagraph (A) shall provide for— 
(i) the creation of accounts and allocation to 
accounts in a fund established under the plan in a 
manner consistent with subsection (a); and 
(ii) the appropriate terms and conditions, 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 Administration, only interest 
accrued on the Tribal Compact Administration Account referred 
to in subsection (a)(5)(A) shall be available to satisfy the Tribe's 
obligations for Tribal Compact Administration under the provi-
sions of the Compact. 
(2) Both principal and accrued interest on the Economic 
Development Account referred to in subsection (a)(5)(B) shall 
be available to the Tribe for expenditure pursuant to an eco-
nomic 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 pa3rment of interest 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 investment of Indian 
funds", approved June 24, 1938 (25 U.S.C. 162a). 
113 STAT. 1786 
PUBLIC LAW 106-163—DEC. 9, 1999 
(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 con-
tained 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 financial 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 PROCEEDS.—^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 subpara-
graph (A) in the fund established pursuant to the with-
drawal plan referred to in that subparagraph. The appro-
priate official shall credit to each of the accounts contained 
in that fund a proportionate amount of that interest and 
proceeds. 
(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 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. 105. AUTHORIZATION OF APPROPRIATIONS. 
(a) CHIPPEWA CREE FUND.—There is authorized to be appro-
priated for the Fund, $21,000,000 to be allocated by the Secretary 
as follows: 
(1) TRIBAL COMPACT ADMINISTRATION ACCOUNT.—For Tribal 
Compact Administration assumed by the Tribe under the Com-
pact and this Act, $3,000,000 is authorized to be appropriated 
for fiscal year 2000. 
(2) ECONOMIC DEVELOPMENT ACCOUNT.—For tribal eco-
nomic development, $3,000,000 is authorized to be appropriated 
for fiscal year 2000. 
(3) FUTURE WATER SUPPLY FACILITIES ACCOUNT.—For 
the 
total Federal contribution to the planning, design, construction, 
operation, maintenance, 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.— 
PUBLIC LAW 106-163—DEC. 9, 1999 
113 STAT. 1787 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Department of the Interior, for the Bureau of Reclama-
tion, for the construction of the on-Reservation water develop-
ment 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 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 Res-
ervoir 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 Sec-
retary, from time to time may consider appropriate or 
for the completion of the 4 projects enumerated in subpara-
graphs (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 enumerated 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 development projects 
on the Reservation. 
(c) ADMINISTRATION COSTS.—^There is authorized to be appro-
priated 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 Reclama-
tion may use funds authorized for appropriation under sub-
section (b) for costs; and 
(2) the Bureau of Reclamation shall exercise its best efforts 
to minimize those costs to avoid expenditures 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 appro-
priated to the Fund and allocated to its accounts pursuant 
to subsection (a) shall be deposited into the Fund and allocated 
immediately on appropriation. 
(2) INVESTMENTS.—Investments may be made from the 
Fund pursuant to section 104(d). 
113 STAT. 1788 
PUBLIC LAW 106-163—DEC. 9, 1999 
(3) 
AVAILABILITY OF CERTAIN MONEYS.—The 
amounts 
authorized to be appropriated in subsection (a)(1) shall be avail-
able for use immediately upon appropriation in accordance 
with subsection 104(c)(1). 
(4) LIMITATION.—^Those moneys allocated by the Secretary 
to accounts in the Fund or in a fund established under section 
104(a)(4) shall draw interest consistent with section 104(d), 
but the moneys authorized to be appropriated under subsection 
(b) and paragraphs (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 become 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 approval, ratifica-
tion, and confirmation of the Compact by the United States 
becomes null and void under section 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 deadline established 
in section 101(b). 
(2) INCLUSION IN AGREEMENTS AND PLAN.—^The require-
ments 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 with-
drawal or transfer of the funds to the Tribe or a private finan-
cial institution under this Act. 
(f) WITHOUT FISCAL YEAR LIMITATION.—All money appropriated 
pursuant to authorizations under this title shall be available with-
out fiscal year limitation. 
SEC. 106. STATE CONTRIBUTIONS TO SETTLEMENT. 
Consistent with Articles VI.C.2 and C.3 of the Compact, 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 Session (1997) shall be 
used for the following purposes: 
(A) Water quality discharge monitoring wells and moni-
toring 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. 
PUBLIC LAW 106-163—DEC. 9, 1999 
113 STAT. 1789 
TITLE II—TIBER RESERVOIR ALLOCA-
TION AND FEASIBILITY STUDIES AU-
THORIZATION. 
SEC. 201. TIBER RESERVOIR. 
(a) ALLOCATION OF WATER TO THE TRIBE.— 
(1) IN GENERAL.—^The Secretary shall permanently 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 Mis-
souri Division, Pick-Sloan Missouri Basin Program, Montana, 
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 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 agree-
ment 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 allocation pro-
vided 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 ALLOCATION.— 
(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 recreational uses, within or outside the Rocky Bo/s 
Reservation. 
(2) CONTRACTS AND AGREEMENTS.—^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, enter into a service 
contract, 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 allocation made to the Tribe 
in subsection (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 section 
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 
Reservation shall not be borne by the United States. 
113 STAT. 1790 
PUBLIC LAW 106-163—DEC. 9, 1999 
(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 FEASIBILITY STUDY. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.— 
(A) STUDY.—^The Secretary, acting through the Bureau 
of Reclamation, shall perform an MR&I feasibility study 
of water and related resources in North Central Montana 
to evaluate alternatives for a municipal, rural, and indus-
trial supply for the Rocky Boy's Reservation. 
(B) USE OF FUNDS MADE AVAILABLE FOR FISCAL YEAR 
1999.—^The authority under subparagraph (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 for 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 feasi-
bility study shall include utilization of existing 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-RESERVA-
TION 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 author-
ized in subsection (a). 
SEC. 203. REGIONAL FEASIBILITY STUDY. 
(a) IN GENERAL.— 
(1) STUDY.—^The Secretary, acting 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. 
(2) USE OF FUNDS MADE AVAILABLE FOR FISCAL YEAR 1999.— 
The authority under paragraph (1) shall be deemed to apply 
to regional feasibility study activities for which funds were 
made available by appropriations for fiscal year 1999. 
(b) CONTENTS OF STUDY.—^The regional feasibility study shall— 
(1) evaluate existing and potential water supplies, uses, 
and management; 
(2) identify major water-related issues, including environ-
mental, water supply, and economic issues; 
(3) evaluate opportunities to resolve the issues referred 
to in paragraph (2); and 
(4) evaluate options for implementation of resolutions to 
the issues. 
PUBLIC LAW 106-163—DEC. 9, 1999 
113 STAT. 1791 
(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, existing 
information; and 
(2) be planned and conducted in consultation with all 
affected interests, including interests in Canada. 
SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR FEASIBILITY 
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 com-
mencing the MR&I feasibility study under section 202 and the 
regional study under section 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 appro-
priated to the Department of the Interior, for the Bureau of Rec-
lamation, 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 feasibility study 
under section 202; and 
(2) $2,500,000 shall be used for the regional study under 
section 203. 
(c) WITHOUT FISCAL YEAR LIMITATION.—^All money appropriated 
pursuant to authorizations under this title shall be available with-
out fiscal year limitation. 
(d) 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-
section (b) shall be available for use immediately upon appropria-
tion. 
Approved December 9, 1999. 
LEGISLATIVE HISTORY—S. 438: 
SENATE REPORTS: No. 106-200 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Nov. 4, considered and passed Senate. 
Nov. 18, considered and passed House.