[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 438 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                 S. 438

_______________________________________________________________________

                                 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 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 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 
        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 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.
            (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 Secretary 
        of the Interior, or his or her duly authorized representative.
            (11) Towe 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 
                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.
            (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 
        modification of water courses or water bodies in any way.

SEC. 5. MISCELLANEOUS PROVISIONS.

    (a) Nonexercise of Tribe's Rights.--Pursuant to Tribal Resolution 
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 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 101(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.--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), 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. 40-98, 
        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 requirements 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 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 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 Compact, 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.
    (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 construed 
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 construed 
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 INDIAN 
                    RESERVED WATER RIGHTS SETTLEMENT

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 
                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) 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 
        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; 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 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.--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 agreement. 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. ON-RESERVATION 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 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. 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 investment 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 
        Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
            (5) Accounts.--The Secretary of the Interior 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.--
                    (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 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 
                pursuant 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 Secretary 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 
        provisions 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 
        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)(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 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); 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).
                    (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 contained 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 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)(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 appropriated 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 Compact 
        and this Act, $3,000,000 is authorized to be appropriated for 
        fiscal year 2000.
            (2) Economic development account.--For tribal economic 
        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.--
            (1) In general.--There are 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 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 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 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 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 (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 appropriated 
        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).
            (3) Availability of certain moneys.--The amounts authorized 
        to be appropriated in subsection (a)(1) shall be available 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, 
        ratification, 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 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.
    (f) Without Fiscal Year Limitation.--All money appropriated 
pursuant to authorizations under this title shall be available without 
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 
                monitoring 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.

     TITLE II--TIBER RESERVOIR ALLOCATION AND FEASIBILITY STUDIES 
                             AUTHORIZATION.

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 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 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 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).
    (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.
    (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 industrial 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 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).

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 
        environmental, 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.
    (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 commencing 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 appropriated to 
the Department of the Interior, for the Bureau of Reclamation, 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 without 
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 subsection (b) shall be available for 
use immediately upon appropriation.

            Passed the Senate November 4, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                 S. 438

_______________________________________________________________________

                                 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.