[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 438 Enrolled Bill (ENR)]
S.438
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
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.
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''.

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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.

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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.

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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.

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(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 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.
RESERVED WATER RIGHTS SETTLEMENT

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(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.

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TITLE I

-CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION INDIAN

(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.

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(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).

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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 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.

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(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.

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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.
AUTHORIZATION.

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(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.

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TITLE II

-TIBER RESERVOIR ALLOCATION AND FEASIBILITY STUDIES

(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).

bf30fb2e8a117435e8decc7b42037fd20cafbf13aa9ab5bc1e2ffa84c0fce29b

(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.

1ac1f6f61c6c511e423cafc7fc5c181e9df59a6cfee8411acec6f60ac923bcbd

(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Chippewa Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights Settlement Act of 1999 — S. 438

Other Sections

TITLE I

TITLE II

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