Home > 106th Congressional Bills > H.R. 796 (ih) To amend the Internal Revenue Code of 1986 to repeal the limitation on the amount of receipts attributable to military property which may be treated as exempt foreign trade income. [Introduced in House] ...H.R. 796 (ih) To amend the Internal Revenue Code of 1986 to repeal the limitation on the amount of receipts attributable to military property which may be treated as exempt foreign trade income. [Introduced in House] ...
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(h) Act Not Precedential.--Nothing in this Act shall be construed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
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 sections 105(e)(1), 5(a),
and 5(c)(3), 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.--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, including limitation on transfer of any
portion of the Tribal Water Right to within the Missouri River Basin,
enter into a service contract, lease, exchange, or other agreement
providing for the temporary delivery, use, or transfer of the water
rights confirmed to the Tribe in the Compact, except that no service
contract, lease, exchange, or other agreement entered into under this
subsection may permanently alienate any portion of the Tribal Water
Right.
SEC. 103. ON-RESERVATION WATER RESOURCES DEVELOPMENT.
(a) Water Development Projects.--The Secretary, 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).
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 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 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.
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.--
(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
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