[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1771 Reported in Senate (RS)]





                                                       Calendar No. 714

105th CONGRESS

  2d Session

                                S. 1771

_______________________________________________________________________

                                 A BILL

To amend the Colorado Ute Indian Water Rights Settlement Act to provide 
for a final settlement of the claims of the Colorado Ute Indian Tribes, 
                        and for other purposes.

_______________________________________________________________________

              October 9 (legislative day, October 2), 1998

        Reported with an amendment and an amendment to the title
                                                       Calendar No. 714
105th CONGRESS
  2d Session
                                S. 1771

To amend the Colorado Ute Indian Water Rights Settlement Act to provide 
for a final settlement of the claims of the Colorado Ute Indian Tribes, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 1998

  Mr. Campbell (for himself and Mr. Allard) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

              October 9 (legislative day, October 2), 1998

  Reported by Mr. Campbell, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Colorado Ute Indian Water Rights Settlement Act to provide 
for a final settlement of the claims of the Colorado Ute Indian Tribes, 
                        and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; FINDINGS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Colorado 
Ute Settlement Act Amendments of 1998''.</DELETED>
<DELETED>    (b) Findings.--Congress finds that in order to provide for 
a full and final settlement of the claims of the Colorado Ute Indian 
Tribes, the Tribes have agreed to reduced water supply 
facilities.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agreement.--The term ``Agreement'' has the 
        meaning given that term in section 3(1) of the Colorado Ute 
        Indian Water Rights Settlement Act of 1988 (Public Law 100-
        585).</DELETED>
        <DELETED>    (2) Animas-la plata project.--The term ``Animas-La 
        Plata Project'' has the meaning given that term in section 3(2) 
        of the Colorado Ute Indian Water Rights Settlement Act of 1988 
        (Public Law 100-585).</DELETED>
        <DELETED>    (3) Dolores project.--The term ``Dolores Project'' 
        has the meaning given that term in section 3(3) of the Colorado 
        Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-
        585).</DELETED>
        <DELETED>    (4) Tribe; tribes.--The term ``Tribe'' or 
        ``Tribes'' has the meaning given that term in section 3(6) of 
        the Colorado Ute Indian Water Rights Settlement Act of 1988 
        (Public Law 100-585).</DELETED>

<DELETED>SEC. 3. AMENDMENTS TO THE COLORADO UTE INDIAN WATER RIGHTS 
              SETTLEMENT ACT OF 1988.</DELETED>

<DELETED>    (a) Reservoir; Municipal and Industrial Water.--Section 
6(a) of the Colorado Ute Indian Water Rights Settlement Act of 1988 
(Public Law 100-585) is amended to read as follows:</DELETED>
<DELETED>    ``(a) Reservoir; Municipal and Industrial Water.--
</DELETED>
        <DELETED>    ``(1) In general.--After the date of enactment of 
        the Colorado Ute Settlement Act Amendments of 1998, the 
        Secretary shall provide--</DELETED>
                <DELETED>    ``(A) for the construction, as components 
                of the Animas-La Plata Project, of--</DELETED>
                        <DELETED>    ``(i) a reservoir with a storage 
                        capacity of 260,000 acre-feet; and</DELETED>
                        <DELETED>    ``(ii) a pumping plant and a 
                        reservoir inlet conduit; and</DELETED>
                <DELETED>    ``(B) through the use of the project 
                components referred to in subparagraph (A), municipal 
                and industrial water allocations in such manner as to 
                result in allocations--</DELETED>
                        <DELETED>    ``(i) to the Southern Ute Tribe, 
                        with an average annual depletion of an amount 
                        not to exceed 16,525 acre-feet of 
                        water;</DELETED>
                        <DELETED>    ``(ii) to the Ute Mountain Ute 
                        Indian Tribe, with an average annual depletion 
                        of an amount not to exceed 16,525 acre-feet of 
                        water;</DELETED>
                        <DELETED>    ``(iii) to the Navajo Nation, with 
                        an average annual depletion of an amount not to 
                        exceed 2,340 acre-feet of water;</DELETED>
                        <DELETED>    ``(iv) to the San Juan Water 
                        Commission, with an average annual depletion of 
                        an amount not to exceed 10,400 acre-feet of 
                        water; and</DELETED>
                        <DELETED>    ``(v) to the Animas-La Plata 
                        Conservancy District, with an average annual 
                        depletion of an amount not to exceed 2,600 
                        acre-feet of water.</DELETED>
        <DELETED>    ``(2) Tribal construction costs.--Construction 
        costs allocable to the Navajo Nation and to each Tribe's 
        municipal and industrial water allocation from the Animas-La 
        Plata Project shall be nonreimbursable.</DELETED>
        <DELETED>    ``(3) Nontribal water capital obligations.--The 
        nontribal municipal and industrial water capital repayment 
        obligations for the Animas-La Plata Project shall be satisfied, 
        upon the payment in full--</DELETED>
                <DELETED>    ``(A) by the San Juan Water Commission, of 
                an amount equal to $8,600,000;</DELETED>
                <DELETED>    ``(B) by the Animas-La Plata Water 
                Conservancy District, of an amount equal to $4,400,000; 
                and</DELETED>
                <DELETED>    ``(C) by the State of Colorado, of an 
                amount equal to $16,000,000, as a portion of the cost-
                sharing obligation of the State of Colorado recognized 
                in the Agreement in Principle Concerning the Colorado 
                Ute Indian Water Rights Settlement and Animas-La Plata 
                Cost Sharing that the State of Colorado entered into on 
                June 30, 1986.</DELETED>
        <DELETED>    ``(4) Certain nonreimbursable costs.--Any cost of 
        a component of the Animas-La Plata Project described in 
        paragraph (1) that is attributed to and required for 
        recreation, environmental compliance and mitigation, the 
        protection of cultural resources, or fish and wildlife 
        mitigation and enhancement shall be nonreimbursable.</DELETED>
        <DELETED>    ``(5) Tribal water allocations.--</DELETED>
                <DELETED>    ``(A) In general.--With respect to 
                municipal and industrial water allocated to a Tribe 
                from the Animas-La Plata Project or the Dolores 
                Project, until that water is first used by a Tribe or 
                pursuant to a water use contract with the Tribe, the 
                Secretary shall pay the annual operation, maintenance, 
                and replacement costs allocable to that municipal and 
                industrial water allocation of the Tribe.</DELETED>
                <DELETED>    ``(B) Treatment of costs.--A Tribe shall 
                not be required to reimburse the Secretary for the 
                payment of any cost referred to in subparagraph 
                (A).</DELETED>
        <DELETED>    ``(6) Repayment of pro rata share.--As an 
        increment of a municipal and industrial water allocation of a 
        Tribe described in paragraph (5) is first used by a Tribe or is 
        first used pursuant to the terms of a water use contract with 
        the Tribe--</DELETED>
                <DELETED>    ``(A) repayment of that increment's pro 
                rata share of those allocable construction costs for 
                the Dolores Project shall commence by the Tribe; 
                and</DELETED>
                <DELETED>    ``(B) the Tribe shall commence bearing 
                that increment's pro rata share of the allocable annual 
                operation, maintenance, and replacement costs referred 
                to in paragraph (5)(A).''.</DELETED>
<DELETED>    (b) Remaining Water Supplies.--Section 6(b) of the 
Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 
100-585) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(3) At the request of the Animas-La Plata Water 
        Conservancy District of Colorado or the La Plata Conservancy 
        District of New Mexico, the Secretary shall take such action as 
        may be necessary to provide, after the date of enactment of the 
        Colorado Ute Settlement Act Amendments of 1998, water 
        allocations--</DELETED>
                <DELETED>    ``(A) to the Animas-La Plata Water 
                Conservancy District of Colorado, with an average 
                annual depletion of an amount not to exceed 5,230 acre-
                feet of water; and</DELETED>
                <DELETED>    ``(B) to the La Plata Conservancy District 
                of New Mexico, with an average annual depletion of an 
                amount not to exceed 780 acre-feet of water.</DELETED>
        <DELETED>    ``(4) If depletions of water in addition to the 
        depletions otherwise permitted under this subsection may be 
        made in a manner consistent with the requirements of the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the 
        Secretary shall provide for those depletions by making 
        allocations among the beneficiaries of the Animas-La Plata 
        Project in accordance with an agreement among the beneficiaries 
        relating to those allocations.''.</DELETED>
<DELETED>    (c) Miscellaneous.--Section 6 of the Colorado Ute Indian 
Water Rights Settlement Act of 1988 (Public Law 100-585) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(i) Transfer of Water Rights.--Upon request of the State 
Engineer of the State of New Mexico, the Secretary shall, in a manner 
consistent with applicable State law, transfer, without consideration, 
to the New Mexico Animas-La Plata Project beneficiaries or the New 
Mexico Interstate Stream Commission all of the interests in water 
rights of the Department of the Interior under New Mexico Engineer 
permit number 2883, Book M-2, dated May 1, 1956, in order to fulfill 
the New Mexico purposes of the Animas-La Plata Project.</DELETED>
<DELETED>    ``(j) Treatment of Certain Reports.--</DELETED>
        <DELETED>    ``(1) In general.--The April 1996 Final Supplement 
        to the Final Environmental Impact Statement, Animas-La Plata 
        Project issued by the Department of the Interior and all 
        documents incorporated therein and attachments thereto, and the 
        February 19, 1996, Final Biological Opinion of the United 
        States Fish and Wildlife Service, Animas-La Plata Project shall 
        be considered to be adequate to satisfy any applicable 
        requirement under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.), the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) or the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.) with respect to--</DELETED>
                <DELETED>    ``(A) the amendments made to this section 
                by the Colorado Ute Settlement Act Amendments of 
                1998;</DELETED>
                <DELETED>    ``(B) the initiation of, and completion of 
                construction of the facilities described in this 
                section; and</DELETED>
                <DELETED>    ``(C) an aggregate depletion of 57,100 
                acre-feet of water (or any portion thereof) as 
                described and approved in that biological 
                opinion.</DELETED>
        <DELETED>    ``(2) Statutory construction.--Nothing in this 
        subsection shall affect--</DELETED>
                <DELETED>    ``(A) the construction of facilities that 
                are not described in this section; or</DELETED>
                <DELETED>    ``(B) any use of water that is not 
                described and approved by the Director of the United 
                States Fish and Wildlife Service in the final 
                biological opinion described in paragraph 
                (1).</DELETED>
<DELETED>    ``(k) Final Settlement.--</DELETED>
        <DELETED>    ``(1) In general.--The provision of water to the 
        Tribes in accordance with this section shall constitute final 
        settlement of the tribal claims to water rights on the Animas 
        and La Plata Rivers.</DELETED>
        <DELETED>    ``(2) Statutory construction.--Nothing in this 
        section may be construed to affect the right of the Tribes to 
        water rights on the streams and rivers described in the 
        Agreement, other than the Animas and La Plata Rivers, to 
        participate in the Animas-La Plata Project, to receive the 
        amounts of water dedicated to tribal use under the Agreement, 
        or to acquire water rights under the laws of the State of 
        Colorado.</DELETED>
        <DELETED>    ``(3) Action by the attorney general.--The 
        Attorney General of the United States shall file with the 
        District Court, Water Division Number 7, of the State of 
        Colorado such instruments as may be necessary to request the 
        court to amend the final consent decree to provide for the 
        amendments made to this section under section 2 of the Colorado 
        Ute Settlement Act Amendments of 1998.''.</DELETED>

<DELETED>SEC. 4. STATUTORY CONSTRUCTION; TREATMENT OF CERTAIN 
              FUNDS.</DELETED>

<DELETED>    (a) In General.--Nothing in the amendments made by this 
Act to section 6 of the Colorado Ute Indian Water Rights Settlement Act 
of 1988 (Public Law 100-585) shall affect--</DELETED>
        <DELETED>    (1) the applicability of any other provision of 
        that Act;</DELETED>
        <DELETED>    (2) the obligation of the Secretary of the 
        Interior to deliver water from the Dolores Project and to 
        complete the construction of the facilities located on the Ute 
        Mountain Ute Indian Reservation described in--</DELETED>
                <DELETED>    (A) the Department of the Interior and 
                Related Agencies Appropriations Act, 1991 (Public Law 
                101-512);</DELETED>
                <DELETED>    (B) the Department of the Interior and 
                Related Agencies Appropriations Act, 1992 (Public Law 
                102-154);</DELETED>
                <DELETED>    (C) the Department of the Interior and 
                Related Agencies Appropriations Act, 1993 (Public Law 
                102-381);</DELETED>
                <DELETED>    (D) the Department of the Interior and 
                Related Agencies Appropriations Act, 1994 (Public Law 
                103-138); and</DELETED>
                <DELETED>    (E) the Department of the Interior and 
                Related Agencies Appropriations Act, 1995 (Public Law 
                103-332); or</DELETED>
        <DELETED>    (3) the treatment of the uncommitted portion of 
        the cost-sharing obligation of the State of Colorado referred 
        to in subsection (b).</DELETED>
<DELETED>    (b) Treatment of Uncommitted Portion of Cost-Sharing 
Obligation.--The uncommitted portion of the cost-sharing obligation of 
the State of Colorado referred to in section 6(a)(3) of the Colorado 
Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585), as 
added by section 3 of this Act, remains available after the date of 
payment of the amount specified in that section and may be used to 
assist in the funding of any component of the Animas-La Plata Project 
that is not described in such section 6(a)(3).</DELETED>

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 Act of 
1998''.

SEC. 2. FINDINGS.

    (a) 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 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 permanent, 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 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 the Compact contemplates the development of 
        additional water supplies, including importation of 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 
        Tribe and the State of Montana entered into the Compact on 
        April 14, 1997; and
            (9) the allocation of water resources from the Tiber 
        Reservoir 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 supplies 
        for the future growth of the Rocky Boy's Indian Reservation.
            (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 implement the 
        Compact.
            (7) To authorize appropriation of funds necessary for the 
        implementation of the Compact.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) 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).
            (2) Final.--The term ``final'' with reference to approval 
        of the decree in section 5(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.
            (3) Fund.--The term ``Fund'' means the Chippewa Cree Indian 
        Reserved Water Rights Settlement Fund established under section 
        10.
            (4) 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)).
            (5) 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 7.
            (6) Missouri river system.--The term ``Missouri River 
        System'' means the mainstem of the Missouri River and its 
        tributaries, including the Marias River.
            (7) 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).
            (8) 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.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, or his or her duly authorized representative.
            (10) Towe ponds.--The term ``Towe Ponds'' means the 
        reservoir or reservoirs referred to as ``Stoneman Reservoir'' 
        in the Compact.
            (11) 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.
            (12) Tribal water code.--The term ``tribal water code'' 
        means a water code adopted by the Tribe, as provided in the 
        Compact.
            (13) 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).
                    (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 
                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.
            (14) Tribe.--The term ``Tribe'' means the Chippewa Cree 
        Tribe of the Rocky Boy's Reservation and all officers, agents, 
        and departments thereof.
            (15) 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. 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 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 shall 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) to 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 
        subsequently set aside by the appropriate court--
                    (A) the approval, ratification, and confirmation of 
                the Compact by the United States shall be null and 
                void;
                    (B) this Act shall be of no further force and 
                effect; and
                    (C) the Tribe shall be authorized to withdraw its 
                approval, ratification, and confirmation of the 
                Compact.

SEC. 6. 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 paragraph 
        (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.--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 Missouri River Basin, 
enter into a service contract, lease, exchange, or other agreement 
providing for the temporary delivery, 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 
subsection may permanently alienate any portion of the Tribal Water 
Right.

SEC. 7. FEASIBILITY STUDIES AUTHORIZATION.

    (a) Municipal, Rural, and Industrial Feasibility Study.--
            (1) In general.--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 
        alternatives for a municipal, rural, and industrial supply for 
        the Rocky Boy's Reservation.
            (2) Contents of study.--The MR&I feasibility study shall 
        include the feasibility of releasing the Tribe's Tiber 
        allocation as provided in section 8 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 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-Reservation 
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 authorized in subsection (a).
    (c) Regional Feasibility Study.--
            (1) In general.--The Secretary, 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) Contents of study.--The regional feasibility study 
        shall--
                    (A) evaluate existing and potential water supplies, 
                uses, and management;
                    (B) identify major water-related issues, including 
                environmental, water supply, and economic issues;
                    (C) evaluate opportunities to resolve the issues 
                referred to in subparagraph (B); and
                    (D) evaluate options for implementation of 
                resolutions to the issues.
            (3) Requirements.--Because of the regional and 
        international impact of the regional feasibility study, the 
        study may not be segmented. The regional study shall--
                    (A) utilize, to the maximum extent possible, 
                existing information; and
                    (B) be planned and conducted in consultation with 
                all affected interests, including interests in Canada.

SEC. 8. TIBER RESERVOIR ALLOCATION.

    (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 Missouri 
        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 5(b) has become final in 
        accordance with that section.
            (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 allocation 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 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 Boy'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)(1).
    (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 11(b)(3), the cost of developing and 
delivering the water allocated by this section or any other 
supplemental water to the Rocky Boy's Reservation shall not be borne by 
the United States.
    (e) Act 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. 9. ON-RESERVATION WATER RESOURCES DEVELOPMENT.

    (a) Water Development Projects.--The Secretary, 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 section.
    (c) Bureau of Reclamation Project Administration.--
            (1) In general.--Congress finds that the Secretary, through 
        the Bureau of Reclamation, has entered into an agreement 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. 10. CHIPPEWA CREE INDIAN RESERVED WATER RIGHTS SETTLEMENT TRUST 
              FUND.

    (a) Establishment of Trust Fund.--
            (1) In general.--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''.
            (2) Management of fund.--The Secretary of the Treasury, in 
        cooperation with the Secretary, shall deposit and manage the 
        principal and interest in the Fund in a manner consistent with 
        this Act. Upon request of the Secretary, the Secretary of the 
        Treasury shall make available to the Secretary of the Interior 
        amounts in the Fund for disbursal and expenditure in a manner 
        consistent with this Act.
            (3) Contents of fund.--The Fund shall consist of the 
        amounts authorized to be appropriated to the Fund under section 
        11(b) 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 provisions of the American Indian 
        Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 
        seq.).
            (5) Accounts.--The Secretary of the Treasury 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 Account.
    (b) Fund Management.--
            (1) In general.--The Fund shall consist of such amounts as 
        are appropriated to the Fund and allocated to the accounts of 
        the Fund by the Secretary of the Treasury as provided in this 
        Act and in accordance with the authorizations for 
        appropriations in paragraphs (1), (2), and (3) of section 
        11(b), together with all interest that accrues on the Fund.
            (2) Tribal management.--If the Tribe exercises its right 
        pursuant to subsection (a) 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 the investment of the 
        funds. The withdrawal plan shall provide for the creation of 
        accounts and allocation to accounts in a fund established under 
        the plan in a manner consistent with subsection (a). In 
        addition, the withdrawal plan shall provide for the 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).
    (c) Use of Fund.--The Tribe may 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)(4)(A) shall be available to satisfy the 
        Tribe's obligations for tribal compact administration under the 
        provisions of the Compact.
            (2) Both principal and accrued interest on the Economic 
        Development Account referred to in subsection (a)(4)(B) shall 
        be available to the Tribe for expenditure 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)(4)(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.--The Secretary of the Treasury shall invest 
        amounts in the Fund in accordance with the first section of the 
        Act entitled ``An Act to authorize the payment of interest of 
        certain funds held in trust by the United States for Indian 
        tribes'', approved February 12, 1929 (25 U.S.C. 161a). The 
        interest on, and the proceeds from the sale or redemption of, 
        any obligations 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 to 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 subparagraph (A) in the fund established pursuant 
                to the withdrawal plan referred to in that 
                subparagraph. The appropriate 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) 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.
    (g) Congressional Intent.--Nothing in this Act is intended to--
            (1) alter the trust responsibility of the United States to 
        the Tribe; or
            (2) prohibit the Tribe from seeking additional 
        authorization or appropriation of funds for tribal programs or 
        purposes.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Feasibility Studies.--There are authorized to be appropriated 
to the Department of the Interior, for the Bureau of Reclamation, for 
the purpose of conducting the MR&I feasibility study under section 7(a) 
and the regional study under section 7(c)--
            (1) $1,000,000 for fiscal year 1999, of which--
                    (A) $500,000 shall be used for the MR&I feasibility 
                study under section 7(a); and
                    (B) $500,000 shall be used for the regional study 
                under section 7(c); and
            (2) $3,000,000 for fiscal year 2000, of which--
                    (A) $500,000 shall be used for the MR&I feasibility 
                study under section 7(a); and
                    (B) $2,500,000 shall be used for the regional study 
                under section 7(c).
    (b) Chippewa Cree Fund.--There is authorized to be appropriated for 
the Fund, $21,000,000 to be allocated by the Secretary, the Secretary 
of the Treasury, or other appropriate official as follows:
            (1) Tribal compact administration account.--For tribal 
        compact administration assumed by the Tribe under the Compact 
        and this Act, $3,000,000, are authorized to be appropriated for 
        fiscal year 1999.
            (2) Economic development account.--For tribal economic 
        development, $3,000,000, are 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 1999;
                    (B) $5,000,000 for fiscal year 2000; and
                    (C) $8,000,000 for fiscal year 2001.
    (c) On-Reservation Water Development.--
            (1) In general.--There is authorized to be appropriated to 
        the Department of the Interior, for the Bureau of Reclamation, 
        for the construction of the on-Reservation water development 
        projects authorized by section 9--
                    (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 enumerated in paragraphs (1) through (4) of 
        section 9(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.
    (d) 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 appropriation under 
        subsection (c) 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.
    (e) Availability of Funds.--
            (1) In general.--The amounts authorized to be appropriated 
        to the Fund and allocated to its accounts pursuant to 
        subsection (b) shall be deposited into the Fund and allocated 
        immediately on appropriation.
            (2) Investments.--Investments may be made from the Fund 
        pursuant to section 10(d).
            (3) Availability of certain moneys.--The moneys authorized 
        to be appropriated in subsections (a) and (b)(1) shall be 
        available for use immediately upon appropriation.
            (4) Limitation.--Those moneys allocated by the Secretary, 
        the Secretary of the Treasury, or other appropriate official to 
        accounts in the Fund or a fund established under section 10(e) 
        shall draw interest consistent with section 10(d), but the 
        moneys authorized to be appropriated under paragraphs (2) and 
        (3) of subsection (b) and subsection (c) shall not be available 
        for expenditure until the requirements of section 5(b) have 
        been met so that the decree has become final and the Tribe has 
        executed the waiver and release required under section 13(c).
    (f) Return of Funds to Treasury.--
            (1) In general.--In the event that the approval, 
        ratification, and confirmation of the Compact by the United 
        States becomes null and void under section 5(b), all unexpended 
        funds appropriated under the authority of this Act together 
        with all interest earned on such funds, notwithstanding whether 
        they 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 5(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 financial 
        institution under this Act.
    (g) Without Fiscal Year Limitation.--All money appropriated 
pursuant to authorizations under this Act shall be available without 
fiscal year limitation.

SEC. 12. STATE CONTRIBUTIONS TO SETTLEMENT.

    Consistent with Article VI.C.2 and Article C.3 of the Compact, the 
State contribution to settlement shall be as follows:
            (1) $150,000 for the following purposes:
                    (A) Water quality discharge monitoring wells and 
                monitoring program.
                    (B) Diversion structure on Big Sandy Creek.
                    (C) Conveyance structure on Box Elder Creek.
                    (D) 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.

SEC. 13. MISCELLANEOUS PROVISIONS.

    (a) Nonexercise of Tribe's Rights.--Pursuant to Tribal Resolution 
No. 98-40, 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 5(b), the Tribe shall have the right to exercise the 
rights set forth in Article VII.A.3 of the Compact.
    (b) Waiver of Sovereign Immunity.--The United States shall not be 
deemed to have waived its 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).
    (c) Tribal Release of Claims Against the United States.--
            (1) In general.--Pursuant to Tribal Resolution No. 98-40, 
        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 11 has been completed and the 
                decree has become final in accordance with the 
                requirements of section 5(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 5(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 (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 does 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 11, 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 entitlements 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.), and the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable 
environmental 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 (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) Act Not Precedential.--Nothing in this Act shall be construed 
or interpreted as a precedent for the litigation of reserved water 
rights or the interpretation or administration of future water 
settlement Acts.
            Amend the title so as to read: ``A bill to provide for the 
        settlement of the reserved water rights of the Chippewa Cree 
        Tribe of the Rocky Boy's Reservation, and for other 
        purposes.''.