[Senate Report 109-213]
[From the U.S. Government Publishing Office]
Calendar No. 355
109th Congress Report
SENATE
2d Session 109-213
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A BILL TO AUTHORIZE CERTAIN TRIBES IN THE STATE OF MONTANA TO ENTER
INTO A LEASE OR OTHER TEMPORARY CONVEYANCE OF WATER RIGHTS TO MEET THE
WATER NEEDS OF THE DRY PRAIRIE RURAL WATER ASSOCIATION, INC.
_______
January 24, 2006.--Ordered to be printed
Filed, under authority of the order of the Senate of January 18, 2006
_______
Mr. McCain, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 1219]
The Committee on Indian Affairs, to which was referred the
bill (S. 1219) to authorize certain tribes in the State of
Montana to enter into a lease or other temporary conveyance of
water rights to meet the water needs of the Dry Prairie Rural
Water Association, Inc., having considered the same reports
favorably thereon without amendment and recommends that the
bill do pass.
PURPOSE
The purpose of S. 1219 is to authorize the Assiniboine and
Sioux Tribes of the Fort Peck Indian Reservation, Montana, with
the approval of the Secretary of the Interior, to enter into a
lease or other temporary conveyance of water rights recognized
under the Fort Peck-Montana Compact with the Dry Prairie Rural
Water Association, Incorporated (or any successor non-federal
entity) for the purpose of meeting the Association's water
needs.
BACKGROUND
The Fort Peck Reservation Rural Water System Act of 2000
(Public Law 106-382) was enacted in October 2000. The two
components of the water system project include the Fort Peck
Reservation Water System and the Dry Prairie Rural Water
Authority, an off-Reservation water system, which are located
in northeastern Montana. The Reservation has a population of
approximately 10,700 people, of which approximately 5,800 are
members of the Assiniboine and Sioux Tribes. The Fort Peck
water system will serve Reservation populations and the Dry
Prairie Rural Water Association will serve off-Reservation
populations. The project is authorized to provide municipal,
rural, and industrial water to the Reservation and surrounding
areas.
The Fort Peck Indian Tribes Agreement with Dry Prairie
Rural Water Association, Inc. would provide authority for the
Tribes of the Fort Peck Indian Reservation, Montana to enter
into a lease or otherwise make a temporary conveyance to Dry
Prairie, without monetary compensation to the Tribes, of a
portion of the Tribes' current right to use water under a
compact with the State of Montana to meet off-Reservation water
supply needs. The Dry Prairie allocation would be approximately
2,300 acre feet of water. The bill further provides that the
life of the lease or conveyance shall not exceed 100 years, and
that the Secretary is not liable for any claim relating to any
lease or transfer terms.
LEGISLATIVE HISTORY
S. 1219 was introduced June 9, 2005, by Senator Burns and
was referred to the Committee on Energy and Natural Resources
and to the Committee on Indian Affairs. On September 28, 2005,
the Committee on Energy and Natural Resources convened a
business meeting to consider S. 1219 and other measures that
had been referred to it, and on that date the Committee
favorably reported the bill. At a business meeting held on
October 27, 2005, the Committee on Indian Affairs considered S.
1219 and on that date favorably reported the bill without
amendment.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTE
On October 27, 2005, the Committee on Indian Affairs, in an
open session, adopted S. 1219 by voice vote and ordered the
bill reported favorably to the Senate.
SECTION-BY-SECTION ANALYSIS OF S. 1219
Section 1. Temporary conveyance of water rights to Dry Prairie Rural
Water Association, Inc.
Section 1 provides the short title of the Act as the
Temporary Conveyance of Water Rights to Dry Prairie Rural Water
Association, Inc.
Subsection (a) In general
Subsection (a) authorizes the Assiniboine and Sioux Tribes
of the Fort Peck Indian Reservation, Montana, with the approval
of the Secretary, to enter into a lease or other temporary
conveyance of water rights with the Dry Prairie Rural Water
Association, Incorporated, in accordance with section 5 of the
Fort Peck Reservation Rural Water System Act of 2000 (Public
Law 106-382). The Fort Peck water rights were recognized under
the Fort Peck-Montana Compact (Montana Code Annotated 85-20-
201) agreed to by the State and the Tribes, approved by the
Secretary of Interior, ratified by the State of Montana on May
15, 1985.
Subsection (b) Conditions of lease
With respect to lease of water rights subsection (b) states
that (1) the lease or conveyance shall not exceed 100 years;
(2) the lease or conveyance may be approved by the Secretary
without monetary compensation to the Tribes; and (3) the
Secretary shall not be subject to liability for any claim
relating to the compensation or consideration received by the
Tribes under this lease or conveyance.
Subsection (c) No permanent alienation of water
Subsection (c) states that nothing in this section
authorizes a permanent alienation of any water rights by the
Tribes.
COST AND BUDGETARY CONSIDERATIONS
No cost estimate for S. 1219 as has been prepared by the
Congressional Budget office.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill to
evaluate the regulatory and paperwork impact that would be
incurred in carrying out the bill. The Committee has concluded
that S. 1219 will reduce regulatory or paperwork requirements
and impacts.
EXECUTIVE COMMUNICATION
The Committee has received an official communication from
the Administration on the provisions of S. 1219.
Department of the Interior,
Office of the Secretary,
Washington, DC, January 9, 2006.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter provides the
Administration's views on S. 1219, legislation to authorize
certain tribes in the State of Montana to enter into a lease or
other temporary conveyance of water rights to meet the needs of
the Dry Prairie Rural Water Association, Inc.
The Fort Peck Reservation Rural Water System Act of 2000
(Public Law 106-382; 114 Stat. 1454) was enacted in October,
2000. The project includes the Fort Peck Reservation and Dry
Prairie Rural Water Authority, which are located in
northeastern Montana. The Reservation has a total population of
approximately 10,700 people, of which approximately 5,800 are
members of the Assiniboine and Sioux Tribes. The water system
will serve Reservation populations in or around the towns of
Wolf Point, Poplar, Brockton, Fort Kipp, Oswego, and Frazer.
Towns not on the Reservation include Glasgow, Scobey,
Plentywood, and Culbertson which will be served by the Dry
Prairie Rural Water Association. The project is authorized to
provide municipal, rural, and industrial water to the
Reservation and surrounding areas.
This legislation would provide authority for the Tribes of
the Fort Peck Indian Reservation, Montana to enter into a lease
or otherwise make a temporary conveyance of a portion of the
Tribes' current right to use water to Dry Prairie to meet the
off Reservation water supply needs of the Fort Peck Reservation
Rural Water System without monetary compensation to the Tribes.
The bill further provides that the life of such lease or
conveyance shall not exceed 100 years, and that the Secretary
is not liable for any claim relating to any lease or transfer
terms.
Nothing in this bill authorizes a permanent alienation or
separation of any waters by the Tribes to Dry Prairie Rural
Water Association, Inc. or any other non-Federal entity meeting
the water needs of the Association. The ability of the Tribes
to lease or convey rights to other entities is recognized under
the Fort Peck-Montana Compact (Montana Code Annotated 85-20-
201). Additionally, the Final Engineering Report required by
P.L. 106-382 calls for the Tribes to lease water to the Dry
Prairie Rural Water Association at no cost.
The Administration supports this bill, but recommends a few
changes. First, given that this bill explicitly contemplates
the possibility of a lease at zero cost to Dry Prairie,
werecommend stronger language to establish that the Secretary will not
be held liable for any losses to the Tribes arising from these lease
terms. We propose that section 1(b) of the bill be amended to provide
that the Secretary of the Interior shall not be ``liable to any party
(including any Indian tribe) for any term of, or any loss or other
detriment resulting from, a lease or conveyance entered into pursuant
to paragraph (a).'' Second, we recommend removing the requirement for
Secretarial approval of the lease. The Tribes are in the best position
to determine what lease terms are in their interests, and Secretarial
review would not serve its intended purpose in these circumstances.
Third, we recommend that section 1(b) of the bill be amended to provide
for a lease or conveyance term of up to 50 years, rather than up to 100
years, consistent with the discussion of such leases in the Fort Peck-
Montana Compact (Montana Code Annotated 85-20-201, Article XIIB). We
would be happy to work with the committee to address these concerns.
Because the legislation would assure a reliable, long term
water supply to Dry Prairie while protecting the water rights
of the Tribes, the Administration is pleased to support it with
the above-mentioned changes.
Sincerely,
Mark Limbaugh,
Assistant Secretary for Water and Science.
CHANGES IN EXISTING LAW
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
enactment of S. 1219 will not result in changes in existing
law.