[House Report 106-374]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-374
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CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION INDIAN RESERVED
WATER RIGHTS SETTLEMENT AND WATER SUPPLY ENHANCEMENT ACT OF 1999
_______
October 12, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 795]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 795) 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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 UnitedStates 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 theMontana 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
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
(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.
PURPOSE OF THE BILL
The purpose of H.R. 795 is 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.
BACKGROUND AND NEED FOR LEGISLATION
Overview of Indian reserved water rights
The 1908 U.S. Supreme court case, Winters v. United States,
207 U.S. 564, was the first case to determine an Indian water
right. The case also has served to establish the foundation for
many other aspects of implied federal reserved water rights.
Since 1908 both Indian and non-Indian implied reserved federal
water rights have undergone a judicial evolution.
It has been many years since an Indian water rights
settlement has been presented to the Congress for ratification.
One of the most recent settlements, the Animas La Plata
settlement in Colorado, has not been completed, although it was
authorized a decade ago.
Rocky Boy's Reservation
The 108,000 acre Rocky Boy's Reservation is located west of
Havre, Montana, in the Bear Paw Mountains, with portions
extending onto the plains between the mountains and the Milk
River in north-central Montana. Historically, the area was part
of the large territory north of the Missouri and Musselshell
Rivers designated for the Blackfeet Nation in a 1855 treaty.
In 1880 the Fort Assiniboine military reservation was
established in this area. In 1916 Congress set aside 56,035
acres of this land for the Chippewa and Cree Bands of Chief
Rocky Boy. In 1947 this reservation was expanded by 45,523
acres, bringing it to near its current size. None of the
reservation land has been allotted although some individual
assignments have been made.
The reservation is home to over 3,000 tribal members and
has an annual population growth exceeding 3 percent. While
unemployment is estimated at nearly 70 percent, the Tribe has
made important progress in economic development. Production of
cattle and grain, and development of timber and tourism provide
solid sources of tribal income. However, the reservation is
located in an area of scarce water supply. Studies have
demonstrated that the reservation can not sustain tribal
membership without additional supplies of water for drinking,
agricultural and municipal purposes.
The water rights settlement process
Since 1992, the Tribe, State and federal governments have
worked to reach a water rights settlement. The Tribe and State
reached tentative agreement on a compact in January 1997. The
Tribal Council passed a resolution supporting ratification of
the agreement shortly thereafter. In the spring of 1997, the
Montana State Senate unanimously ratified the compact and the
State House gave its approval on a 91-9 vote. It was signed
into law by the Governor of Montana on April 14, 1997. In the
summer of 1997, the Department of Interior became actively
involved in reviewing and negotiating modifications to the
settlement. By the summer of 1998, the Administration and the
State of Montana contacted the Committee on Resources to
discuss the need to advance legislation approving the water
rights settlement.
The Rocky Boy's settlement process has been important for a
number of reasons. The State of Montana and the Tribe have
spent a good deal of time working through the issues in a
constructive fashion, taking steps to minimize the impact on
other affected water users. Furthermore, there has been minimal
emphasis on some of the outmoded bases for calculating these
claims. This process has allowed the parties to look to newer,
more flexible solutions which provide tribes with real
opportunities without making demands that may destroy the
economic livelihood of existing water users. Additionally, this
process has brought private sector expertise to the Tribe's
efforts to utilize these water supplies once the settlement is
authorized.
By approaching these settlements in more creative ways,
Congress and the federal government can narrow the divergent
expectations of the parties as they enter negotiations and
attempt to correct problems that have existed for decades. It
is important for Congress to modernize the process and bases
for settling these claims. It is taking far too long to arrive
at settlements. Often tribes receive water and money under
circumstances that do not ultimately help them realize the
benefits of the broader economy. It is the intention of the
Committee that this settlement will help the Chippewa Cree
Tribe reach its goal of self-determination.
COMMITTEE ACTION
H.R. 795 was introduced on February 23, 1999, by
Congressman Rick Hill (R-MT). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Water and Power. On July 1, 1999, the
Subcommittee held a legislative hearing on the bill, where
David Hayes, Acting Deputy Secretary of Interior; a member of
the Chippewa Cree Tribe, and a representative from the State of
Montana testified in favor of the bill. On August 4, 1999, the
Committee on Resources discharged the Subcommittee on Water and
Power from further consideration of the bill by unanimous
consent, and the Committee met to consider the bill.
Congressman Hill, on behalf of Congressman John T. Doolittle
(R-CA), offered an amendment to create two titles in the
legislation. Section 8 of H.R. 795, the Tiber Reservoir water
allocation, become Title II, and Sections 5-7 and 9-12 then
became Title I. The remaining miscellaneous provisions are
applicable to both titles. These changes addressed issues
concerning the use of non-appurtenant water sources concerning
the water right settlement. The amendment was adopted by voice.
The bill, as amended, was then ordered favorably reported to
the House of Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section indicates that the short title of the bill is
the Chippewa Cree Tribe of The Rocky Boy's Reservation Indian
Reserved Water Rights Settlement and Water Supply Enhancement
Act of 1999.
Section 2. Findings
This section sets out nine findings. The allocation of
water resources from Tiber Reservoir referred to in paragraph
(9) of this section is implemented under section 201 of the
bill. Tiber Reservoir is a Bureau of Reclamation facility
located 50 miles west of the Rocky Boy's Reservation and has
available unallocated water providing a unique opportunity to
meet the water needs of the Chippewa Cree Tribe. The Reservoir
is also referred to as ``Lake Elwell'' in the Act and in the
Compact.
Section 3. Purposes
This section sets forth the seven purposes of the bill.
Section 4. Definitions
This section defines 16 terms used in the bill. The use of
the term ``Tribal Water Right'' is not intended to create a new
class of water rights. The term ``Tribal Water Right'' is used
in the Compact between the State of Montana and the Chippewa
Cree Tribe of the Rocky Boy's Reservation and in other compacts
entered into by the State of Montana as a shorthand method of
reference to multiple sources of water made available or
confirmed to a tribe as part of the settlement of claims to
water within the State of Montana. ``Tribal Water Right'' is
then used in sections of compacts entered into by the State of
Montana setting forth the parameters for administration and
dispute resolution. The parties adopted this approach to assure
that, through use of a single term, all protections sought by
the State and the Tribe from adverse use of water and all
negotiated mechanisms for resolution of disputes apply to all
water sources included in the settlement of claims.
Section 5. Miscellaneous provisions
This section sets forth miscellaneous provisions of the
bill that are applicable to both Titles 1 and 2, including the
requirement of a waiver and release of claims by the Chippewa
Cree Tribe against the United States. The claims released by
the Tribe are claims arising from time immemorial to the date
of enactment of the Act: any and all claims to water rights,
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 and any
claims arising out of the negotiation of the Compact and the
settlement authorized by the bill.
Title I--Chippewa Cree Tribe of the Rocky Boy's Reservation Indian
reserved water rights settlement
Title I of the bill ratifies the Compact between the
Chippewa Cree Tribe and the State of Montana regarding the
Tribe's Indian reserved water rights. The title also provides
for entry of a judicial decree associated with these water
rights by the Montana Water Court. Section 102 details the use
and transfer of the tribal water right. Section 103 speaks to
on-reservation water resources development. Section 104
establishes a Chippewa Cree Indian Reserved Water Rights
Settlement trust fund. Section 105 provides an authorization of
appropriations. Section 106 specifies the State of Montana's
contributions to the settlement.
Title II--Tiber Reservoir allocation and feasibility studies
authorization
Title II presents an opportunity, outside of a reserved
water right settlement, for the Tribe to pursue use of
unallocated federal project water in Tiber Reservoir to meet
some of its additional water needs. This is an opportunity that
is unique to this settlement and is not likely to be available
in settling other claims. This title also provides for a more
comprehensive evaluation of the regional and tribal water
needs.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of H.R. 795 would eventually affect direct spending
(including offsetting receipts) by directing the Bureau of
Reclamation to provide water to the Tribe (which might
otherwise be marketed) but any such impact ``would not be
significant over the next 10 years.''
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 23, 1999.
Hon. Don Young,
Chairman, Committee on Resources, House of Representatives, Washington,
DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 795, the Chippewa
Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water
Rights Settlement and Water Supply enhancement Act of 1999.
This estimate supersedes a CBO cost estimate prepared for H.R.
795 on September 10, 1999, which was transmitted with an
incorrect reference to the bill's title.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan Carroll
(for federal costs) and Marjorie Miller (for the impact on
state, local, and tribal governments).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 795--Chippewa Cree Tribe of the Rocky Boy's Reservation Indian
Reserved Water Rights Settlement and Water Supply Enhancement
Act of 1999
Summary
H.R. 795 would approve and ratify the water rights
settlement agreement entered into by the Chippewa Cree Tribe of
the Rocky Boy's Reservation and the state of Montana on April
14, 1997. The bill would authorize appropriations for the
Department of Interior (DOI) to implement the agreement, but
most of these funds could not be spent until the agreement is
approved by the Montana Water Court. H.R. 795 would create the
Chippewa Cree Indian Reserved Water Rights Settlement Trust
fund and would allow the tribe to spend most amounts deposited
to the fund (including interest earnings) without further
appropriation. The bill also would authorize funding for the
Bureau of Reclamation to conduct two feasibility studies and
several on-reservation water development projects. (That amount
includes $1 million for 1999 which has already been provided
for the current year.) In addition, H.R. 795 would require the
bureau to permanently allocate 10,000 acre-feet per year of
stored water to the tribe.
Based on information from DOI, CBO estimates that
implementing H.R. 795 would cost $48 million over the 2000-2004
period, assuming the appropriation of the authorized amounts.
Enacting H.R. 795 could eventually affect direct spending
(including offsetting receipts); therefore, pay-as-you-go
procedures would apply. CBO estimates, however, that any such
impact would not be significant over the next 10 years. H.R.
795 contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA). Any costs
resulting from the settlement agreement would be incurred
voluntarily by the state and tribal governments as parties to
that agreement.
Estimated cost to the Federal Government
The estimated impact of H.R. 795 on discretionary spending
is shown in the following table. CBO estimates that the bill
could affect future offsetting receipts, but that any such
effects would not be significant over the 2000-2004 period. The
costs of this legislation fall within budget functions 300
(natural resources and environment) and 450 (community and
regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
1999 2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority 1.......................................... 1 0 0 0 0 0
Estimated outlays........................................... 1 0 0 0 0 0
Proposed changes:
Authorization level......................................... 0 25 16 8 0 0
Estimated outlays........................................... 0 11 9 13 11 4
Spending under H.R. 795
Authorization level 1....................................... 1 25 16 8 0 0
Estimated outlays........................................... 1 11 9 13 11 4
----------------------------------------------------------------------------------------------------------------
\1\The 1999 level is the amount appropriated to the bureau of preauthorization feasibility studies related to
the settlement in that year.
Spending subject to appropriation
Although H.R. 795 would authorize specific amounts for each
fiscal year, most of the funds could not be spent until the
Montana Water Court has approved the settlement agreement
between the tribe and the state of Montana. H.R. 795 requires
at least one of the parties to petition the court within 180
days of enactment to approve the settlement. Unless the court
offers final approval of the settlement within three years of
the date when this petition is filed, all unexpended funds
provided to implement H.R. 795 would be returned to the
Treasury.
Based on information from the tribe, the state, and DOI,
CBO estimates that the settlement would be approved during
fiscal year 2002, assuming the bill is enacted be the beginning
of fiscal year 2000. For purposes of this estimate, CBO assumes
that the amounts authorized for each year would be appropriated
as specified in the bill, but that any federal funding
contingent upon the approval of the settlement agreement would
not be spent before 2002. For purposes of this estimate, we
assume that outlays would occur at historical rates once the
funds are released.
Chippewa Cree Indian Reserved Water Rights Settlement Trust
Fund.--H.R. 795 would authorize appropriations totaling $21
million over the 2000-2002 period to be deposited in the
Chippewa Cree Indian Reserved Water Rights Settlement Trust
Fund. Starting in fiscal year 2000, the federal budget will
exclude trust funds that are held and managed in a fiduciary
capacity by the federal government on the behalf of Indian
tribes. Hence, deposits to the trust fund established under
this bill would be treated as payments to a nonfederal entity.
As a result, the entire amount appropriated to the fund in any
fiscal year would be recorded as an outlay in that year.
Once funds are deposited, the tribe could either withdraw
the money (subject to DOI approval) and invest it in a private
financial institution or leave it in the Treasury where it
would earn simple interest at a specified rate. Most of the
amounts in the fund would become available to the tribe upon
final approval of the settlement agreement. Because the trust
fund would be nonbudgetary, such restrictions on the tribe's
use of the trust fund would not impact the time of federal
outlay.
Feasibility Studies.--H.R. 795 would authorize
appropriations of $1 million in 1999 and $3 million in 2000 for
the bureau to conduct two feasibility studies. The use of these
funds would not be contingent on the approval of the
settlement. According to the bureau, the $1 million authorized
for 1999 has already been appropriated for feasibility studies
related to the settlement. CBO estimates that the amount
authorized for 2000 would be sufficient to cover the remaining
costs of these studies.
Water Development Projects.--H.R. 795 would authorize
appropriations totaling $24 million over the 2000-2002 period
for the bureau to implement several on-reservation water
development projects. None of these funds could be spent until
the settlement agreement is approved. Based on information from
the bureau, CBO estimates that once the funds become available,
the agency would spend the accumulated appropriations at
historical rates.
Direct Spending (including offsetting receipts)
Effective upon the date when the Montana Water Court
approves the settlement agreement, H.R. 795 would require the
bureau of permanently allocate 10,000 acre-feed per year of
water to the tribe. The tribe could devote the water to any use
within or outside of the reservationand would bear the cost of
developing and transporting the water. According to the bureau, the
allocation to the tribe would not affect other users over the 2000-2004
period. Because the allocation would reduce the amount of a marketable
resource currently owned by the federal government, this provision
could eventually reduce offsetting receipts; thus, pay-as-you-go
procedures would apply. CBO estimates, however, that any such impact
would not be significant in the foreseeable future.
Pay-as-you-go considerations
The Balanced Budget and Emergency Deficit Control Act sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts. Enacting H.R. 795 eventually could reduce
offsetting receipts (a credit against direct spending) that
might have been collected if the water allocated to the tribe
had been contracted to some other use. Thus, pay-as-you-go
procedures would apply, but CBO estimates that any such impact
would not be significant over the next 10 years.
Estimated impact on State, local, and tribal governments
H.R. 795 contains no intergovernmental mandates as defined
in UMRA. Any costs resulting from the settlement agreement
would be incurred voluntarily by the state and tribal
governments as parties to that agreement. The tribe has agreed
to release the United States from all claims relating to its
water rights in exchange for the benefits to be provided by
this bill. The state of Montana has agreed to make financial
contributions totaling $550,000 for various activities in
support of the settlement.
Estimated impact on the private sector
This bill contains no new private-sector mandates as
defined in UMRA.
Previous CBO estimate
On September 8, 1999, CBO transmitted a cost estimate for
S. 438, the Chippewa Cree Tribe of the Rocky Boy's Reservation
Indian Reserved Water Rights Settlement of 1999, as reported by
the Senate Committee on Indian Affairs on July 22, 1999. The
two bills are virtually identical, and the cost estimates are
the same.
Estimate prepared by: Federal costs: Megan Carroll; Impact
on State, local, and tribal governments: Marjorie Miller.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.