[Congressional Record (Bound Edition), Volume 162 (2016), Part 12]
[Senate]
[Page 16554]
[From the U.S. Government Publishing Office, www.gpo.gov]


                                  WRDA

  Mr. DAINES. Mr. President, I wish to recognize today as a historic 
day for Montana and the Blackfeet people. With the passage of the Water 
Infrastructure Improvements for the Nation Act, the Blackfeet Water 
Rights Settlement Act is ready to be sent to the President's desk. We 
thank Chairman Barrasso, Chairman Inhofe, Ranking Member Boxer, Leader 
McConnell, and Leader Reid and their counterparts in the House of 
Representatives for working with the Montana delegation throughout this 
process to enact this long-awaited water settlement.

  The Blackfeet tribe has been working for better access to quality 
water and a better livelihood for decades. In 1989, the tribe initiated 
negotiations with the Montana Compact Commission. Shortly thereafter in 
1990, the Department of the Interior appointed a Federal negotiation 
team to assist in achieving a negotiated settlement of the tribe's 
reserved water rights claims. The State of Montana and the tribe then 
reached an agreement in 2007 in the form of a compact which settled the 
tribe's water rights to avoid costly litigation, allow the tribe to 
build and repair much-needed water infrastructure, and protect access 
to water for neighboring communities like Birch Creek water users off 
the reservation.

  On March 16, 2009, the Montana State House passed the agreement by an 
overwhelmingly bipartisan vote of 87-12, and on March 20, 2009, the 
Montana State Senate passed the agreement by a nearly unanimous vote of 
48-2. Critical to ensuring strong bipartisan support in the State 
legislature was ensuring potential impacts to all water users could be 
adequately mitigated pursuant to the Birch Creek Agreement. Federal 
legislation to authorize the Compact was first introduced in 2010 and 
has been reintroduced every Congress since, including in the 114th 
Congress by Senator Tester and myself and Representative Zinke. Since 
its initial introduction, the administration has been negotiating with 
the tribe and the State to resolve important Federal concerns relating 
to cost, cost sharing, Federal interests, and Federal responsibilities. 
On February 3, 2016, the legislation passed the Senate Committee on 
Indian Affairs for the first time, marking the first committee vote on 
Indian water rights legislation in more than 5 years. On May 24, 2016, 
the House Committee on Natural Resources held a hearing on the 
legislation, and on July 22, 2016, the Department of the Interior and 
Justice issued a letter to House Natural Resources Committee Chairman 
Rob Bishop certifying that enacting the much needed Blackfeet Water 
Rights Settlement Act was a net benefit for the American taxpayer.

  On November 15, 2016, through the diligence of the entire Montana 
delegation, the House Committee on Natural Resources passed the 
legislation out of committee, and on September 15, 2016, the Senate 
passed the legislation as part of the Water Resources Development Act. 
Today's action, final passage of S. 612, the Water Infrastructure 
Improvements for the Nation Act, marks the first time legislation 
authorizing the water rights settlement has passed both Chambers of 
Congress. Indeed, it has been a long road for this water compact. I am 
proud to get it over the finish line today.
  The Blackfeet water settlement will not only establish the tribe's 
water rights but will also facilitate real, tangible benefits for the 
Blackfeet and surrounding communities. The bill will improve six 
significant drainages and several Federal water structures that are 
some of the oldest and most in need of repair in the country. The 
compact will also keep wildlife and fish habitat healthier and 
municipal water supplies cleaner. Furthermore, it upholds agreements by 
the State that will strengthen irrigation for neighboring farmlands 
called Montana's golden triangle for its wheat, barley, and hay 
production.
  In order to ensure nearby productive farmlands remain productive well 
into the future, early drafts of the Federal legislation provided 
funding for the Four Horns infrastructure and for a mitigation fund for 
Pondera County Canal and Reservoir Company, PCCRC, and other water 
users on Birch Creek. As farming investment decisions require certainty 
for the long-term, these funds remain necessary to ensure neighboring 
families have the certainty necessary to mitigate any impacts if the 
tribe's ability to exercise its Birch Creek water rights impact 
communities' access to water.
  In 2015, the State, tribe, and PCCRC agreed to additional changes to 
the legislation to address the Department of the Interior's position 
that the Federal Government should not provide mitigation funds as a 
matter of Federal policy, and as a result, Federal mitigation funding 
was eliminated from the Federal legislation.
  I appreciate the State of Montana's commitment to ensure that 
potential impacts to Birch Creek water users will be fully mitigated by 
the State as called for by the Birch Creek Agreement and the Blackfeet 
Water Compact. I trust that the State of Montana will uphold this 
commitment, as doing so remains an important aspect of the passage and 
implementation of the Blackfeet Water Rights Settlement.
  I also recognize that Blackfeet Nation is not the only Indian tribe 
to hold reserved water rights in the Milk River Basin. The Gros Ventre 
and Assiniboine Tribes of the Fort Belknap Indian Community have long 
awaited settlement of their water rights as well. This bill includes 
language to protect the ability for the two Tribes to reach an 
agreement regarding each Tribe's rights on the Milk River, and I look 
forward to working with stakeholders on an agreement moving forward.
  I commend the Blackfeet Tribe and Chairman Harry Barnes, who have 
been diligent and patient in seeing this settlement forward. I commend 
our State for its commitment to the Blackfeet tribe and Indian Country 
in Montana.
  I am thrilled to get this through Congress and look forward to the 
President's signature and to working with the tribe and local community 
next year to finally put it into action, starting with securing the 
Federal funding necessary to ensure much-needed water infrastructure 
authorized in this settlement becomes a reality.

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