[106th Congress Public Law 163]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ163.106]
[[Page 1777]]
CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION INDIAN RESERVED WATER
RIGHTS SETTLEMENT AND WATER SUPPLY ENHANCEMENT ACT OF 1999
[[Page 113 STAT. 1778]]
Public Law 106-163
106th Congress
An Act
To provide <<NOTE: Dec. 9, 1999 - [S. 438]>> for the settlement of the
water rights claims of the Chippewa Cree Tribe of the Rocky Boy's
Reservation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Chippewa Cree Tribe of The
Rocky Boy's Reservation Indian Reserved Water Rights Settlement and
Water Supply Enhancement Act of 1999.>> 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) <<NOTE: Montana.>> 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
[[Page 113 STAT. 1779]]
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.
[[Page 113 STAT. 1780]]
(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
[[Page 113 STAT. 1781]]
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 <<NOTE: Effective date.>> General.--Pursuant to
Tribal Resolution No. 40-98, and in exchange for benefits under
this Act, the Tribe shall, on the date of enactment of this Act,
execute a waiver and release of the claims described in
paragraph (2) against the United States, the validity of which
are not recognized by the United States, except that--
(A) the waiver and release of claims shall not
become effective until the appropriation of the funds
authorized in section 105, the water allocation in
section 201, and the appropriation of funds for the MR&I
feasibility study authorized in section 204 have been
completed and the decree has become final in accordance
with the requirements of section 101(b); and
(B) in the event that the approval, ratification,
and confirmation of the Compact by the United States
becomes null and void under section 101(b), the waiver
and release of claims shall become null and void.
(2) Claims described.--The claims referred to in paragraph
(1) are as follows:
(A) Any and all claims to water rights (including
water rights in surface water, ground water, and
effluent), claims for injuries to water rights, claims
for loss or deprivation of use of water rights, and
claims for failure to acquire or develop water rights
for lands of the Tribe from time immemorial to the date
of ratification of the Compact by Congress.
(B) Any and all claims arising out of the
negotiation of the Compact and the settlement authorized
by this Act.
(3) Setoffs.--In the event the waiver and release do not
become effective as set forth in paragraph (1)--
(A) the United States shall be entitled to setoff
against any claim for damages asserted by the Tribe
against the United States, any funds transferred to the
Tribe pursuant to section 104, and any interest accrued
thereon up to the date of setoff; and
(B) the United States shall retain any other claims
or defenses not waived in this Act or in the Compact as
modified by this Act.
(d) Other Tribes Not Adversely Affected.--Nothing in this Act shall
be construed to quantify or otherwise adversely affect the land and
water rights, or claims or entitlements to land or water of an Indian
tribe other than the Chippewa Cree Tribe.
(e) Environmental Compliance.--In implementing the Compact, the
Secretary shall comply with all aspects of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), and all other applicable environmental
Acts and regulations.
[[Page 113 STAT. 1782]]
(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 <<NOTE: Deadline.>> 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--
[[Page 113 STAT. 1783]]
(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.--
[[Page 113 STAT. 1784]]
(1) In general.--Congress finds that the Secretary, through
the Bureau of Reclamation, has entered into an agreement with
the Tribe, pursuant to title IV of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 458aa et seq.)--
(A) defining and limiting the role of the Bureau of
Reclamation in its administration of the projects
authorized in subsection (a);
(B) establishing the standards upon which the
projects will be constructed; and
(C) for other purposes necessary to implement this
section.
(2) Agreement.--The agreement referred to in paragraph (1)
shall become effective when the Tribe exercises its right under
subsection (b).
SEC. 104. CHIPPEWA CREE INDIAN RESERVED WATER RIGHTS SETTLEMENT
TRUST FUND.
(a) Establishment of Trust Fund.--
(1) In general.--
(A) Establishment.--There is hereby established in
the Treasury of the United States a trust fund for the
Chippewa Cree Tribe of the Rocky Boy's Reservation to be
known as the ``Chippewa Cree Indian Reserved Water
Rights Settlement Trust Fund''.
(B) Availability of amounts in fund.--
(i) In general.--Amounts in the Fund shall be
available to the Secretary for management and
investment on behalf of the Tribe and distribution
to the Tribe in accordance with this Act.
(ii) Availability.--Funds made available from
the Fund under this section shall be available
without fiscal year limitation.
(2) Management of fund.--The Secretary shall deposit and
manage the principal and interest in the Fund in a manner
consistent with subsection (b) and other applicable provisions
of this Act.
(3) Contents of fund.--The Fund shall consist of the amounts
authorized to be appropriated to the Fund under section 105(a)
and such other amounts as may be transferred or credited to the
Fund.
(4) Withdrawal.--The Tribe, with the approval of the
Secretary, may withdraw the Fund and deposit it in a mutually
agreed upon private financial institution. That withdrawal shall
be made pursuant to the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(5) Accounts.--The Secretary of the Interior shall establish
the following accounts in the Fund and shall allocate
appropriations to the various accounts as required in this Act:
(A) The Tribal Compact Administration Account.
(B) The Economic Development Account.
(C) The Future Water Supply Facilities Account.
(b) Fund Management.--
(1) In general.--
(A) Amounts in fund.--The Fund shall consist of such
amounts as are appropriated to the Fund and allocated to
the accounts of the Fund by the Secretary as provided
[[Page 113 STAT. 1785]]
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).
[[Page 113 STAT. 1786]]
(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.--
[[Page 113 STAT. 1787]]
(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).
[[Page 113 STAT. 1788]]
(3) Availability of certain moneys.--The amounts authorized
to be appropriated in subsection (a)(1) shall be available for
use immediately upon appropriation in accordance with subsection
104(c)(1).
(4) Limitation.--Those moneys allocated by the Secretary to
accounts in the Fund or in a fund established under section
104(a)(4) shall draw interest consistent with section 104(d),
but the moneys authorized to be appropriated under subsection
(b) and paragraphs (2) and (3) of subsection (a) shall not be
available for expenditure until the requirements of section
101(b) have been met so that the decree has become final and the
Tribe has executed the waiver and release required under section
5(c).
(e) Return of Funds to the Treasury.--
(1) In general.--In the event that the approval,
ratification, and confirmation of the Compact by the United
States becomes null and void under section 101(b), all
unexpended funds appropriated under the authority of this Act
together with all interest earned on such funds, notwithstanding
whether the funds are held by the Tribe, a private institution,
or the Secretary, shall revert to the general fund of the
Treasury 12 months after the expiration of the deadline
established in section 101(b).
(2) Inclusion in agreements and plan.--The requirements in
paragraph (1) shall be included in all annual funding agreements
entered into under the self-governance program under title IV of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 458aa et seq.), withdrawal plans, withdrawal agreements,
or any other agreements for withdrawal or transfer of the funds
to the Tribe or a private financial institution under this Act.
(f) Without Fiscal Year Limitation.--All money appropriated pursuant
to authorizations under this title shall be available without fiscal
year limitation.
SEC. 106. STATE CONTRIBUTIONS TO SETTLEMENT.
Consistent with Articles VI.C.2 and C.3 of the Compact, the State
contribution to settlement shall be as follows:
(1) The contribution of $150,000 appropriated by Montana
House Bill 6 of the 55th Legislative Session (1997) shall be
used for the following purposes:
(A) Water quality discharge monitoring wells and
monitoring program.
(B) A diversion structure on Big Sandy Creek.
(C) A conveyance structure on Box Elder Creek.
(D) The purchase of contract water from Lower Beaver
Creek Reservoir.
(2) Subject to the availability of funds, the State shall
provide services valued at $400,000 for administration required
by the Compact and for water quality sampling required by the
Compact.
[[Page 113 STAT. 1789]]
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.
[[Page 113 STAT. 1790]]
(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.
[[Page 113 STAT. 1791]]
(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.
Approved December 9, 1999.
LEGISLATIVE HISTORY--S. 438:
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SENATE REPORTS: No. 106-200 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Nov. 4, considered and passed Senate.
Nov. 18, considered and passed House.
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