[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1425 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1425

 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 SENATE OF THE UNITED STATES

                            November 7, 1997

   Mr. Burns introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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 
Flathead Indian Irrigation Project in Montana.
    (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 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).
    (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).
    (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 October 31, 1997, that were purchased with operation and 
        maintenance funds.
    (f) Interior Instream Flows.--Under the contract, the irrigation 
district shall maintain interim instream flows necessary to preserve 
fisheries pending adjudication of water rights and, after the 
adjudication has become final, as required by adjudication.
    (g) Repayment Obligations.--The contract shall have no effect on 
obligations governing the repayment of the construction costs of the 
Project as of the date of enactment of this Act.
    (h) 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.
    (i) Termination.--
            (1) In general.--The contract shall be subject to 
        termination if a court of the United States finds that the 
        irrigation district have operated, and persist in operating, 
        the Project in such a manner as the irrigation district know is 
        likely to damage tribal trust assets.
            (2) Presumption.--For the purposes of paragraph (1), 
        continued operation of the Project as it was operated on 
        October 31, 1997, shall be presumed to provide adequate 
        protection of tribal trust assets, and any changes in operation 
        required as a result of new information or a judicial decision 
        shall not be a ground for termination of the contract.
                                 <all>