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Pub.L. 106-164 To <> establish the Fallen Timbers Battlefield and Fort Miamis National Historical Site in the State of Ohio. ...
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
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
(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
(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
(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
(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
(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.
(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
(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
(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
(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
(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
(3) Effect of failure of approval to become final.--In the
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106th Congressional Public Laws Records and Documents
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