[Congressional Record Volume 144, Number 40 (Wednesday, April 1, 1998)]
[Senate]
[Pages S2975-S2978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS (for himself and Mr. Burns):
  S. 1899. A bill entitled ``Chippewa Cree Tribe of the Rocky Boy's 
Reservation Indian Reserved Water Rights Settlement Act of 1998''; to 
the Committee on Indian Affairs.


THE CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION INDIAN RESERVED 
                  WATER RIGHTS SETTLEMENT ACT OF 1998

  Mr. BAUCUS. Mr. President, I rise today to introduce the ``Chippewa 
Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights 
Settlement Act of 1998'' along with my colleague Senator Burns.
  This bill represents the culmination of sixteen years of intensive 
technical studies and six years of negotiations involving the Chippewa 
Cree Tribe, the State of Montana, local governments, water districts 
and ranchers as well as the United States Departments of justice and 
Interior.
  The 108,000 acre Rocky Boy's Reservation is located west of Havre, 
Montana in the Bears Paw Mountains with portions extending onto the 
plains between the mountains and the Milk River in north-central 
Montana. Historically, the area was part of the large territory north 
of the Missouri and Musselshell Rivers designated for the Blackfeet 
Nation in the treaty of 1855.
  In 1880 the Fort Assiniboine military reservation was established. In 
1916 Congress set aside 56,035 acres for the Chippewa and Cree Bands of 
Chief Rocky Boy. In 1947 it was expanded by 45,523 acres bringing it to 
near its current size. None of the land has been allotted although some 
individual assignments have been made.
  The reservation is home to over 3,000 tribal members and has an 
annual population growth exceeding 3%. While unemployment is estimated 
at nearly 70% the tribe has made important progress in economic 
development. Production of cattle and grain, development of timber and 
tourism provide solid sources of tribal income.
  The reservation is located in an area of scarce water supply. Studies 
have demonstrated that the reservation could not sustain tribal 
membership without additional supplies of water for drinking, 
agricultural and municipal purposes.
  Since 1992, the tribe, state and federal government have worked hard 
to reach an equitable water rights settlement.
  The tribe and state reached tentative agreement on the compact in 
January 1997. The tribal Council passed a resolution supporting 
ratification of the agreement shortly thereafter. In the spring of 
1997, the Montana State Senate unanimously ratified the compact and the 
State House gave its approval on a 91-9 vote. It was signed into law by 
the Governor of Montana on April 14, 1997.
  This legislation ratifies the compact and settles the tribe's claims 
against the United States. The bill provides for:
  (1) quantification of the tribe's water rights including 10,000 acre 
feet from surface and groundwater sources on the reservation as well as 
reserving 10,000 acre feet for the tribe from Lake Elwell, a US Bureau 
of Reclamation Project located approximately 50 miles from the 
reservation. The settlement does not provide for transport of this 
water to the reservation;
  (2) mitigation of impacts on off-reservation water use including 
designating two pools of water stored in Bonneau Reservoir on the 
reservation for irrigation, stockwatering and maintenance of water 
quality on Box Elder Creek. Additional water will also be made 
available for protecting the Brook Trout fishery in upper Beaver Creek;
  (3) authorization of two feasibility studies by the Bureau of 
Reclamation to examine water and related resources for both reservation 
and off-reservation water supplies in the area, and;
  (4) authorization of $25 million in Federal funding for development 
of reservation water supplies including enlargement of Bonneau, Towe, 
Brown and East Fork Reservoirs; a $3 million dollar economic 
development fund for the tribe and $15 million for future importation 
of drinking water to the reservation, a much needed project in north 
central Montana. Additionally, $3 million will be provided for tribal 
administration of the agreement.
  This legislation would never have become a reality without the hard 
work and cooperation of many people. I would especially like to 
recognize the staff and tribal council of the Chippewa Cree Tribe, the 
staff of the Montana Water Rights Compact Commission, the Department of 
Interior and the Native American Rights Fund. I am particularly 
grateful for the efforts of David Hayes, Special Counselor to Secretary 
Babbitt. Mr. Hayes' involvement was like a breath of fresh air, he 
moved forward when others were ready to give up on negotiations.
  Mr. President, I look forward to working with Senator Burns to 
expedite passage of this historic settlement.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1899

       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 Act of 1998''.

     SEC. 2 FINDINGS.

       Congress hereby 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 Chippewa Cree Tribe's sovereignty and Reservation 
     economy depend on the development of the Reservation's water 
     resources;
       (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 the State 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 
     Chippewa Cree Tribe's water rights 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 a Water Rights 
     Compact on April 14, 1997; and
       (9) the allocation of water resources from the Tiber 
     Reservoir to the Tribe under this Act is uniquely suited to 
     the geographic, social, and economic characteristics of the 
     situation involved.

     SEC. 3. PURPOSES OF ACT.

       The purposes of this Act are--
       (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 of America for the benefit of the 
     Chippewa Cree Tribe;
       (2) to approve, ratify, and confirm, as modified herein, 
     the 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 to its implementation;
       (3) to authorize the Secretary of the Interior to execute 
     and implement the Water Rights Compact and to take such other 
     actions as are necessary to implement the Compact 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, but not limited to, 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; and
       (7) to authorize appropriation of funds necessary for the 
     implementation of the Compact.

     SEC. 4. DEFINITIONS.

       As used in this Act--
       (1) ``Compact'' means the water rights compact between the 
     Chippewa Cree Tribe of the Rocky Boy's Reservation and the 
     State of Montana published at 85-20-601 MCA (1997);

[[Page S2976]]

       (2) ``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 85-2-235, MCA (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) ``Missouri River System'' means the mainstem of the 
     Missouri River and its tributaries, including but not limited 
     to the Marias River;
       (4) ``Secretary'' means the Secretary of the United States 
     Department of the Interior, or his or her duly authorized 
     representative;
       (5) ``Towe Ponds'' means the reservoir or reservoirs 
     referred to as ``Stoneman Reservoir'' in the Compact;
       (6) ``Tribal Compact Administration'' means the activities 
     assumed by the Tribe for implementation of the Compact as set 
     forth in Article IV of the Compact;
       (7) ``Tribal Water Right'' means the right of the Chippewa 
     Cree Tribe of the Rocky Boy's Reservation to divert, use, or 
     store water as described by Article III of the Compact;
       (8) ``Tribe'' means the Chippewa Cree Tribe of the Rocky 
     Boy's Reservation and all officers, agents, and departments 
     thereof;
       (9) ``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, the 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, is hereby approved, 
     ratified and confirmed and 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 to take such other actions as 
     are necessary to implement the Compact.
       (b) Approval of ``Proposed Decree''.--No later than 180 
     days after the date of the 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 ``Proposed 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. Resort may be had to the Federal District Court in 
     the circumstances set forth in Article VII.B.4 of the 
     Compact. In the event the approval by the appropriate court, 
     including any direct appeal, does not become final within 
     three (3) years following the filing of the decree, or the 
     decree is approved but is subsequently set aside by the 
     appropriate court, the Compact shall be void. The Secretary 
     may act for the United States to extend this three (3) year 
     deadline twice in one (1) year increments on agreement with 
     the State and the Tribe.

     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, the Secretary shall administer and enforce the Tribal 
     Water Right.
       (b) Tribal Member Entitlement.--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 thereof. Such 
     entitlement 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; provided, however, 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.--The 
     Secretary of the Interior, through the Bureau of Reclamation 
     shall perform a municipal, rural, and industrial (MR&I) 
     feasibility study of water and related resources in North 
     Central Montana to evaluate alternatives for an MR&I supply 
     for the Rocky Boy's Reservation. The study shall include but 
     not be limited to the feasibility of releasing the Tribe's 
     Tiber allocation as provided in section 8 of this Act into 
     the Missouri River System for later diversion to a treatment 
     and delivery system for the Rocky Boy's Reservation. The MR&I 
     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 7(a) 
     of this Act.
       (c) Regional Feasibility Study.--The Secretary, through the 
     Bureau of Reclamation, shall conduct, pursuant to Reclamation 
     Law, a Regional Feasibility Study to evaluate water and 
     related resources in North Central Montana in order to 
     determine the limitations of such resources and how they can 
     best be managed and developed to serve the needs of the 
     citizens of Montana. The Regional Study shall evaluate 
     existing and potential water supplies, uses, and management; 
     identify major water related issues, including environmental, 
     water supply and economic issues; evaluate opportunities to 
     resolve such issues; and evaluate options for implementation 
     of resolutions to issues. Because of the regional and 
     international impact of the Regional Study, it may not be 
     segmented. The Regional Study shall utilize, to the maximum 
     extent possible, existing information and shall 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) 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 be effective when the requirements of 
     section 5(b) of this Act are met.
       (2) 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) The allocation provided in this section shall be 
     subject to the prior reserved water rights, if any, of any 
     Indian tribe, or persons claiming water through any Indian 
     Tribe.
       (b) Use and Temporary Transfer of Allocation.--(1) 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, but 
     not limited to, agricultural, municipal, commercial, 
     industrial, mining, or recreational uses, within or outside 
     the rocky Boy's Reservation.
       (2) 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: Provided, 
     however, That no 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) of this section.
       (d) Water Transport Obligation; Development and Delivery 
     Costs.--The United States shall have no responsibility or 
     obligation to provide any facilities 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) of this Act, the 
     cost of developing and delivering the water allocated by this 
     section or any other supplemental water to the Rocky Boys 
     Reservation shall not be borne by the United States.
       (e) Act Not Precedential.--The provisions of this Act 
     regarding the allocation of water resources from the Tiber 
     Reservoir to the Tribe shall not be precedent for any other 
     Indian water right claims.

     SEC. 9. ON-RESERVATION WATER RESOURCES DEVELOPMENT.

       (a) Water Development Projects.--The Secretary of the 
     Interior, through the Bureau of Reclamation, is authorized 
     and directed to plan, design, and construct, or to provide, 
     pursuant to subsection (b) of this section, 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 deem appropriate.
       (b) Implementation Agreement.--The Secretary, at the 
     request of the Tribe, shall enter into an agreement with the 
     Tribe to implement the provisions of this Act through the 
     Tribe's Self-Governance Compact and Annual Funding Agreement 
     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.--The 
     Secretary, through the Bureau of Reclamation, has entered 
     into an

[[Page S2977]]

     agreement with the Tribe, pursuant to P.L. 93-638, as amended 
     by the Self Governance Act, defining and limiting the role of 
     the Bureau of Reclamation in its administration of the 
     projects authorized in subsection (a) of this section; 
     establishing the standards upon which the projects will be 
     constructed; and for other purposes necessary to implement 
     this section. This agreement shall be effective on the Tribe 
     exercising its right under subsection (b) of this section.

     SEC. 10. CHIPPEWA CREE INDIAN RESERVED WATER RIGHTS 
                   SETTLEMENT FUND.

       (a) Establishment of Trust Fund.--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.'' Pursuant to the provisions of the 
     Trust Fund Management Act of 1994, 25 U.S.C. 4001 et seq., 
     the Tribe, with the approval of the Secretary, may transfer 
     the Fund to a mutually agreed upon private financial 
     institution. The Fund shall consist of the following 
     accounts:
       (1) Tribal Compact Administration Account.
       (2) Economic Development Account.
       (3) Future Water Supply Facilities Account.
       (b) Fund Composition.--The Fund shall consist of such 
     amounts as are appropriated to its accounts in accordance 
     with the authorizations for appropriations in subsections 
     (b)(1), (2), and (3) of section 11 of this Act together with 
     all interest which accrues on the Fund: Provided, That, if 
     the Tribe exercises its right pursuant to subsection (a) of 
     this section to transfer the funds to a private financial 
     institution, except as provided in the transfer agreement, 
     the Secretary shall retain no oversight over the investment 
     of the funds. In addition, the transfer agreement shall 
     provide for the appropriate terms and conditions, if any, on 
     expenditures from the Fund in addition to the plans set forth 
     in subsections (c)(2) and (c)(3) of this section.
       (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 
     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 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 shall be available to the Tribe for 
     expenditure pursuant to a Water Supply Plan approved by the 
     Secretary.
       (d) Agreement Regarding Fund Expenditures.--If the Tribe 
     does not exercise its right under subsection (a) of this 
     section to transfer the 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 subsections (e)(2) and (c)(3) of this section.
       (e) Per Capita Distributions Prohibited.--No part of the 
     Fund shall be distributed on a per capita basis to members of 
     the Tribe.
       (f) Congressional Intent.--Nothing in this Act is 
     intended--
       (1) to alter the trust responsibility of the United States 
     to the Tribe; or
       (2) to 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 is authorized to be 
     appropriated to the Department of Interior, Bureau of 
     Reclamation, not to exceed $4,000,000 for the purpose of 
     conducting the Feasibility Studies authorized in section 7(a) 
     and (c) of this Act as follows:
       (a) $1,000,000 in FY 1999 to be divided equally between the 
     two studies.
       (2) $3,000,000 in FY 2000; $500,000 for the study 
     authorized in section 7(a) and the balance for the study 
     authorized in section 7(c).
       (b) Chippewa Cree Fund.--There is authorized to be 
     appropriated to the Department of the Interior, Bureau of 
     Indian Affairs, for the Chippewa Cree Fund, established in 
     section 10 of this Act, $21,000,000 as follows:
       (1) Tribal compact administration account.--For tribal 
     compact administration assumed by the Tribe under the Compact 
     and this Act $3,000,000 in FY 1999.
       (2) Economic development account.--For Tribal economic 
     development, $3,000,000, in FY 2000.
       (3) Future water supply facilities account.--For the total 
     Federal contribution to the planning, design, construction, 
     operation, maintenance and rehabilitation of a future 
     Reservation water supply system, $15,000,000 as follows:
       (A) $2,000,000 in FY 1999.
       (B) $5,000,000 in FY 2000.
       (C) $8,000,000 in FY 2001.
       (c) On-Reservation Water Development.--There is authorized 
     to be appropriated to the Department of the Interior, Bureau 
     of Reclamation, $24,000,000 for the construction of the on-
     Reservation water development projects authorized by section 
     9 of this Act as follows:
       (1) $13,000,000 in FY 2000 for the planning, design and 
     construction of the Bonneau Dam Enlargement. The Federal 
     contribution is provided for the development of additional 
     capacity in Bonneau Reservoir for storage of water secured to 
     the Tribe under the Compact.
       (2) $8,000,000 in FY 2001 for the planning, design and 
     construction of the East Fork Dam and Reservoir enlargement 
     ($4,000,000), of the Brown's Dam and Reservoir enlargement 
     ($2,000,000), and the Towe Ponds enlargement ($2,000,000).
       (3) $3,000,000 in FY 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 deem appropriate or for the completion of the four 
     projects enumerated in subsections 11(c)(1) and (2) of this 
     Act.
       (4) Any unexpended balance in the funds appropriated under 
     paragraphs (c)(1) and (c)(2) of this section, after 
     substantial completion of all of the projects enumerated in 
     section 9(a)(1), (2), (3), and (4) shall be available to the 
     Tribe first for completion of the enumerated projects and 
     then for other water resource development projects under 
     Section 9(a)(5).
       (d) Administration Costs.--There is authorized to be 
     appropriated to the Department of the Interior, Bureau of 
     Reclamation, in FY 2000, $1,000,000 for its costs of 
     administration: Provided, That, if such costs exceed 
     $1,000,000, the Bureau of Reclamation may use funds 
     authorized for appropriation under subsection (c) of this 
     section for such costs: Provided, further, That, the Bureau 
     of Reclamation shall exercise its best efforts to minimize 
     such costs to avoid exceeding $1,000,000.
       (e) Availability of Funds.--The monies authorized in 
     section 11(a) and (b)(1) shall be available for use 
     immediately upon appropriation. Those monies deposited in the 
     Chippewa Cree Fund accounts shall draw interest consistent 
     with section 10(a), but the monies appropriated under section 
     11(b)(2) and (3) and 11(c) are not available for expenditure 
     until completion of the requirements of section 5(b) of this 
     Act and execution of the waiver and release required of Sec. 
     13(c).
       (f) 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 C.3. of the Compact, 
     the State contribution to settlement shall be as follows:
       (1) $150,000 for the following purposes: water quality 
     discharge monitoring wells and monitoring program; diversion 
     structure on Big Sandy Creek; conveyance structure on Box 
     Elder Creek; and 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) Non-Exercise of Tribe's Rights.--The Tribe shall not 
     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 Act of July 10, 1952 (43 U.S.C. 666).
       (c) Tribal Release of Claims Against the United States.--
     (1) Upon passage of this Act, the Tribe shall execute a 
     waiver and release of the following claims against the United 
     States, the validity of which are not recognized by the 
     United States: Provided That the waiver and release of claims 
     shall not be effective until completion of the appropriation 
     of the funds set forth in section 11 of this Act and 
     completion of the requirements of section 5(b) of this Act.
       (2) Any and all claims to water rights (including water 
     rights in surface water, groundwater, 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.
       (3) Any and all claims arising out of the negotiation of 
     the Compact and the settlement authorized by this Act.
       (4) In the event the waiver and release does not become 
     effective as set forth in subsection (c)(1), the United 
     States shall be entitled to set-off 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 set-off, and 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 (16 U.S.C. 1531 et. seq.), and 
     all other applicable environmental acts and regulations.
       (f) Execution of Compact.--Execution of the Compact by the 
     Secretary as provided for in this Act shall not constitute a 
     major Federal Action under the National Environmental Policyh 
     Act (42 U.S.C. 4321 et seq.). The Secretary is directed to 
     carry out all

[[Page S2978]]

     necessary environmental compliance required by Federal law in 
     implementing this agreement.
       (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.

  Mr. BURNS. Mr. President, today, I am pleased to join with my 
colleagues from Montana, Senator Baucus, to introduce the The Chippewa 
Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights 
Settlement Act of 1998, a bill to settle the claims and quantify the 
water rights of the Chippewa Cree Tribe of the Rocky Boy's Reservation. 
This bill is the culmination of many years of work and negotiations in 
our state and will result in the federal government sanctioning the 
water rights compact that has been adopted by the Montana State 
Legislature. This settlement may represent a textbook example of how 
state and tribal governments, together with off-reservation local 
representatives, can sit down and resolve their differences. I am 
pleased that local ranchers were involved in every step of the 
discussions.
  The Rocky Boy's Indian Reservation, the present homeland of the 
Chippewa Cree Tribe, is located in area of scarce water supply. The 
region is arid with an average annual precipitation of 12 inches 
suitable for growing hay. However, an average annual precipitation of 
30 inches of snowpack in the Bearpaw Mountains contributes to a 
significant spring runoff. A more efficient and effective utilization 
of that runoff is a critical part of this package. The state 
legislation authorized funding for efficiency improvements that 
mitigate the impact of tribal water development on off-reservation 
water use.
  By reaching an out of court settlement, the parties will--once this 
package is implemented--go to the state water court and ask that all 
pending litigation involving claims by the Tribe, and by the United 
States on behalf of the Tribe, be dropped. The quantification of the 
Tribe's water right will also clearly benefit upstream and downstream 
users of water in the effected drainage, including the Big Sandy and 
Beaver Creek as well as the Milk River. These other users will be able 
to plan for their future because they will know precisely how much 
water the Chippewa Cree Tribe is entitled to. One of the progressive 
components of this settlement is a Water Compact Board made up of three 
members, a tribal representative, an off-reservation representative and 
a third person mutually agreed to by the state and tribe. This Board 
will be tasked with resolving disputes between users of the tribal 
water right and users of water rights recognized under state law.
  The bill set ups a Chippewa Cree Fund that will include funds for the 
administration of the compact, a tribal economic development account 
and a future water supply facilities account. The bill allows for 
increased on reservation storage at existing dams and two feasibility 
studies for alternative sources and methods of delivery for MR&I water 
supplies for both the reservation and the region. Finally, all parties 
to this settlement agree that the Tribe will need more water in the 
future for drinking purposes. While the settlement reserves 10,000 acre 
feet of water in Tiber Reservoir, it does not propose a method of 
delivery. We are all committed to revisiting the on-reservation 
drinking water matter in the near future either through a pipeline or 
other methods that will be part of the authorized studies.
  Mr. President, I ask unanimous consent to include in the Record a 
letter from our state's Governor, Marc Racicot, endorsing this 
legislation. Senator Baucus and I will soon be asking the Indian 
Affairs Committee to hold hearings and then to act favorable on this 
bill as expeditiously as the Committee's schedule will allow.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                           Office of the Governor,


                                             State of Montana,

                                       Helena, MT, March 30, 1998.
     Hon. Conrad Burns,
     Dirksen Senate Office Bldg.,
     Washington, DC.
       Dear Senator Burns: I write to express my strong support 
     for Congressional ratification of the compact settling the 
     water rights of the Chippewa Cree Tribe of the Rocky Boy's 
     Reservation, and to express my appreciation for your efforts 
     in this process. The settlement of reserved water rights 
     claimed within the State of Montana is of utmost importance 
     to the State, particularly the reserved water rights claimed 
     within the water-short Milk River basin where the Rocky Boy's 
     Reservation lies. The Rocky Boy's Compact provides for the 
     development of much needed water resources on the 
     Reservation, while at the same time protecting existing water 
     development adjacent to, and downstream from the Reservation. 
     The federal funding for development will help alleviate some 
     of the very dire needs of Montana citizens who are Tribal 
     members living on the Reservation.
       Thank you again for your efforts in helping us finalize 
     this historic agreement.
           Sincerely,
                                                     Marc Racicot,
                                                         Governor.
                                 ______