Home > 106th Congressional Bills > H.R. 795 (ih) 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. [Introduced in House] ...H.R. 795 (ih) 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. [Introduced in House] ...
106th CONGRESS
1st Session
H. R. 795
_______________________________________________________________________
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.
106th CONGRESS
1st Session
H. R. 795
_______________________________________________________________________
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''.
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 the case ``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 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 is
intended 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 of 1969 (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 is intended 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
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