[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1903 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1903

To ratify a compact between the Assiniboine and Sioux Indian Tribes of 
          the Fort Peck Reservation and the State of Montana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 8 (legislative day, February 22), 1994

   Mr. Baucus (for himself, Mr. Burns and Mr. Inouye) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To ratify a compact between the Assiniboine and Sioux Indian Tribes of 
          the Fort Peck Reservation and the State of Montana.

    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 ``Fort Peck Indian Tribes-Montana 
Compact Act of 1994''.

SEC. 2. RATIFICATION OF COMPACT.

    The Fort Peck Indian Tribes-Montana Compact is approved, ratified 
and confirmed.

SEC. 3. AGREEMENTS RELATED TO USE OF WATER RIGHTS.

    (a) Tribal Authority To Enter Into Agreements.--Subject to the 
approval of the Secretary and to all terms of the Fort Peck Indian 
Tribes-Montana Compact, the Tribes may enter into a joint venture, 
service contract, lease, exchange or other agreement (hereafter 
referred to in this Act as a ``Water Agreement''), or a modification of 
such agreement, that authorizes--
            (1) the delivery, use or transfer of any part of the water 
        rights confirmed in the Tribes by the Fort Peck Indian Tribes-
        Montana Compact, for a specified term, not to exceed 50 years, 
        inclusive of all renewal periods; or
            (2) the diversion or use of any portion of a tribal water 
        right within or outside the Reservation.
    (b) Approval by Secretary.--The Secretary shall approve or 
disapprove a Water Agreement, or a modification of such agreement, 
within--
            (1) 180 days after submission of the agreement or 
        modification to the Secretary; or
            (2) 60 days after compliance, if required, with section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) and with any other applicable provision of 
        Federal law;
whichever is later.
    (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 information under 
        the control of the Department of the Interior relating to the 
        terms and conditions of a Water Agreement or modification of 
        such an agreement; or
            (2) any information relating to a financial benefit 
        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.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) The term ``Fort Peck Indian Tribes-Montana Compact'' 
        means the compact relating to the reserved water rights of the 
        Assiniboine and Sioux Tribes of the Fort Peck Reservation that 
        was ratified by the Tribes on April 29, 1985, and by the 
        legislature of the State of Montana on May 15, 1985.
            (2) The term ``Reservation'' means the Fort Peck Indian 
        Reservation, as defined in the agreement 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 Reservation.
            (5) The term ``tribal water right'' means the tribal water 
        right defined in, and subject to, the Fort Peck-Montana 
        Compact.

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