[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3056 Reported in House (RH)]




                                                 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 Flathead 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) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

                            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 Irrigation Project, Montana.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TRANSFER OF RESPONSIBILITY FOR OPERATION 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 responsibility for operation and maintenance of the 
Irrigation Division of the Flathead Indian Irrigation Project in 
Montana. 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 organized in accordance 
        with the paragraph relating to the irrigation systems on the 
        Flathead Indian Reservation, Montana, under the subheading 
        ``irrigation 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 Irrigation 
        Division of the Flathead Indian Irrigation Project constructed 
        under section 14 of the Act of April 23, 1904 (33 Stat. 305, 
        chapter 1495) and section 14 of the Act of May 29, 1908 (35 
        Stat. 450, chapter 216).
            (3) Tribe.--The term ``Tribe'' refers to the Confederated 
        Salish and Kootenai Tribes of the Flathead Nation, a federally 
        recognized tribe organized pursuant 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, including 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 contain each of the following 
provisions:
            (1) Provisions identifying the trust responsibilities 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 established by the Bureau 
        of Indian Affairs to preserve fisheries pending adjudication of 
        water rights and, thereafter, as required by the rulings of 
        said adjudication 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 
        installments 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 Irrigation 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 decisions, or negotiations shall not be a 
        ground for revocation 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 negotiations 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 enactment of this Act.
    (e) Property Rights.--
            (1) In general.--Under the contract, the Secretary shall 
        transfer to the irrigation district ownership 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 provide 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 transfer to the irrigation district the 
        ownership of any water right.
    (f) Water Rights.--This Act does not affect the negotiation of 
water rights between the State of Montana, the United States, and the 
Confederated Salish and Kootenai Tribes.
                                     





                                                 Union Calendar No. 456

105th CONGRESS

  2d Session

                               H. R. 3056

                          [Report No. 105-812]

_______________________________________________________________________

                                 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 Irrigation Project, Montana.

_______________________________________________________________________

                            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