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] ...
(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.
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.
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 201(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 subsection 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.
SEC. 202. MUNICIPAL, RURAL, AND INDUSTRIAL FEASIBILITY STUDY.
(a) Authorization.--
(1) In general.--
(A) Study.--The Secretary, 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 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, 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.
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.
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