[Congressional Record Volume 145, Number 164 (Thursday, November 18, 1999)]
[House]
[Pages H12836-H12840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page H12836]]
  CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION INDIAN RESERVED 
    WATER RIGHTS SETTLEMENT AND WATER SUPPLY ENHANCEMENT ACT OF 1999

  Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent to take 
from the Speaker's table the Senate bill (S. 438) 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, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  Mr. GEORGE MILLER of California. Mr. Speaker, reserving the right to 
object, if the gentleman would take a moment to explain the bill.
  Mr. YOUNG of Alaska. Mr. Speaker, will the gentleman yield?
  Mr. GEORGE MILLER of California. I yield to the gentleman from 
Alaska.
  Mr. YOUNG of Alaska. Mr. Speaker, last month the House passed H.R. 
795, the Rocky Boy's Water Rights Settlement Act. Today we have before 
us S. 438, a companion bill to H.R. 795. The only difference between 
these bills is a small change regarding the treatment of tribal water 
rights off reservation. This change has been agreed upon by all parties 
involved in the legislation. The Rocky Boy's Water Rights Settlement 
Act process has been important for a number of reasons. I congratulate 
the gentleman from Montana (Mr. Hill). In the State of Montana, the 
tribe has spent a good deal of time working on the issues in a 
constructive fashion, taking steps to minimize the impact on other 
affected water users.
  Furthermore, there has been minimal emphasis on some of the outmoded 
basis that calculate in Federal reserve Indian water right claims. This 
process has allowed the parties to look to newer, more flexible 
negotiations that find the solutions which provide tribes with real 
opportunities without making demands that may destroy the economic 
livelihood of existing water users.
  In addition, this process has brought new solutions, introduced 
private sector expertise into the tribe's efforts to utilize the water 
supplies once the settlement is authorized.
  By approaching these water rights settlements in more creative ways, 
Congress and the Federal Government can narrow the divergent 
expectations of the parties as they enter negotiations and attempt to 
correct problems that have existed for decades. It is important for 
Congress to modernize the process and basis for settling these claims. 
It is taking far too long to arrive at a settlement. Often tribes 
receive water and money under circumstances that do not ultimately help 
them realize the benefits of a broader economy.
  It is the intention of this settlement to help the tribe reach this 
goal of self-determination, and I urge my colleagues to support the 
legislation.
  Mr. SAXTON. Mr. Speaker, last month, the House passed H.R. 795, the 
Rocky Boys Water Rights Settlement Act. Today we have before us S. 438, 
a companion bill to H.R. 795. The only difference between these two 
bills is a small change regarding the treatment of tribal water rights 
off reservation. This change has been agreed upon by all the parties 
involved in the legislation.
  The Rocky Boys water right settlement process has been important for 
a number of reasons. Congressman Hill, the State of Montana and the 
Tribe have spent a good deal of time working through the issues in a 
constructive fashion, taking steps to minimize the impact on other 
affected water users.
  Furthermore, there has been minimal emphasis on some of the outmoded 
bases for calculating Federal reserved Indian water right claims. This 
process has allowed the parties to look to newer, more flexible 
negotiations that find solutions which provide tribes with real 
opportunities without making demands that may destroy the economic 
livelihood of existing water users. Additionally, this process has 
brought new solutions and introduced private sector expertise into the 
tribes efforts to utilize these water supplies once the settlement is 
authorized.
  By approaching these Indian water right settlements in more creative 
ways, Congress and the Federal Government can narrow the divergent 
expectations of the parties as they enter negotiations and attempt to 
correct problems that have existed for decades. It is important for 
Congress to modernize the process and bases for settling these claims. 
It is taking far too long to arrive at a settlement. Often tribes 
receive water and money under circumstances that do not ultimately help 
them realize the benefits of the broader economy. It is the intention 
that this settlement will help the tribe reach their goal of self-
determination.
  I urge my colleagues to support the legislation.
  Mr. HILL of Montana. Mr. Speaker, I rise in strong support of S. 438, 
the Chippewa Cree Tribe Water Rights Settlement Act, introduced by 
Senator Conrad Burns.
  I am the sponsor of the House companion to this bill which passed the 
House on October 18th. I thank Subcommittee Chairman John Doolittle and 
his staff Bob Faber and Josh Johnson for their tireless efforts to work 
with all parties involved to move this important piece of legislation.
  This is truly a historic day. This bill is the culmination of many 
years of technical and legal work and many years of negotiations 
involving the Chippewa Cree Tribe, the State of Montana, and 
representatives of the United States Departments of the Interior and 
Justice.
  The bill will ratify a settlement quantifying the water rights of the 
Tribe and providing for their development in a manner that will help 
the Chippewa Cree Nation while helping their neighbors, local 
communities, farmers and ranchers.
  It provides Federal funds construction of water supply facilities and 
for Tribal economic development, and defines the Federal Government's 
role in implementing the settlement.
  This Settlement bill has the full support of the Tribe, the State of 
Montana, the Department of Justice and the Department of the Interior, 
the Administration, and the water users who farm and ranch on streams 
shared with the Reservation.
  The bill will effectuate a settlement that is a textbook example of 
how State, Tribal, and Federal governments can work together to resolve 
differences in a way that meets the concerns of all.
  It is also a settlement that reflects the effectiveness of Tribal and 
non-Tribal water users in working together in good will and good faith 
with respect for each other's needs and concerns.
  It is not an overstatement to say that the Chippewa Cree Tribe of the 
Rocky Boys Reservation Indian Reserved Water Rights Settlement Act is a 
historic agreement. This is truly a great occasion for all of those who 
have worked so hard to get us to this point.
  I again want to thank Chairman Doolittle, Chairman Young, and the 
House leadership for scheduling this bill today. I also want to thank 
Congressman Kildee for his cosponsorship and help in moving this bill 
forward.
  I urge the adoption of S. 438.
  Mr. KILDEE. Mr. Speaker, I am pleased that the House will today 
consider S. 438, a bill that would implement the settlement of the 
water rights of the Chippewa Cree Tribe of Montana. I am a cosponsor of 
a similar bill passed by the House earlier this year. This bill marks 
the 16th Indian water settlement presented to Congress in 10 years. I 
recall a time when in the late 1980s and early 1990s Congress regularly 
sanctioned and implemented state/tribal water agreements. I am 
encouraged by the resolution (No. 98-029) from the National Governors' 
Association endorsing the policy of negotiating Indian water rights 
settlements.
  During a recent hearing before the Water and Power Subcommittee, 
Representative Rick Hill, sponsor of the bill, described this 
settlement as a textbook example of how state and tribal governments 
can work together with off-reservation local ranchers and farmers to 
resolve their differences. I concur with that characterization of this 
bill. I want to commend the state of Montana and the Tribe for working 
almost 15 years to reach an agreement. It is my understanding that the 
parties went sub-basin by sub-basin and even farm by farm until they 
had resolved the concerns of all affected parties. I also want to 
commend the Interior and Justice Departments--particularly Interior's 
Acting Deputy Secretary, David Hayes--for the role he and his 
colleagues played in reaching this accord.
  One of the things I have learned over the years is that we must defer 
to the wishes of the states and tribes that bring these settlements to 
us. We all will have a tendency to want to micro-manage legislation of 
this nature and contend that it is precedential one way or another way, 
but history has proved that that is really not the case. A settlement 
in Montana may have little to do with the status of negotiations in New 
Mexico. While instream flows for fishery habitat may be vital to a 
tribe in the Pacific Northwest, it may have little application in 
Arizona. I say this because I have heard that certain members of the 
Senate who are not from Montana are examining this bill to determine if 
it is consistent with the laws of their state. Mr. Speaker, if a 
negotiated settlement in a given state had to be consistent with the 
laws and policies of every one of the other 49 states, or even just the 
western states, we would never have another Indian water rights

[[Page H12837]]

settlement. So again, I hope we can agree that the individual States, 
Tribes and the Federal government must be given great deference in 
negotiating settlements that are consistent with the laws and policies 
of the given State and Tribe and which do not violate federal law.
  Finally, I say to my colleagues that we and the Administration must 
follow up and ensure that funds are made available to implement the 
Chippewa Cree/Montana settlement. We must do so in a manner that does 
not take funds away from basic ongoing tribal programs. We must 
reexamine the idea of creating a permanent settlement fund for these 
types of State/Tribal agreements that is comparable to the Justice 
Department's settlement fund and which is not scored against the BIA's 
allocations. Again, my congratulations to the Chippewa Cree Tribe of 
the Rocky Boy's Reservation, to the state of Montana and to the members 
of the Federal Negotiating Team that helped bring this to fruition.
  Mr. GEORGE MILLER of California. Mr. Speaker, I withdraw my 
reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                 S. 438

       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

[[Page H12838]]

     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

[[Page H12839]]

     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:

[[Page H12840]]

       (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.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________