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[[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 

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