Directs the Secretary of the Interior, within one year after the enactment of this Act, to offer to enter into a contract with the irrigation district for the Flathead Indian Reservation, Montana, under which the district will operate and manage the Flathead Indian Irrigation Project, including the right to use permanent easements purchased under a prior Act. Outlines contract requirements, including U.S. fulfillment of trust responsibilities to such Tribe, the maintenance of water flows, and the continuation of certain existing cost repayment obligations.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 630 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 630
To provide for the preservation and sustainability of the family farm
through the transfer of responsibility for operation and maintenance of
the Flathead Irrigation Project, Montana.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 1999
Mr. Burns (for himself and Mr. Baucus) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the preservation and sustainability of the family farm
through the transfer of responsibility for operation and maintenance of
the Flathead Irrigation Project, Montana.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TRANSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF
THE FLATHEAD IRRIGATION PROJECT, MONTANA.
(a) Purpose.--The purpose of this Act is to preserve and protect
the viability and sustainability of the family farms and ranches of the
Jocko Valley, Camas Valley, and Mission Valley, Montana, through the
transfer of responsibility for operation and maintenance of the
Irrigation Division of the Flathead Irrigation Project, Montana,
without having any effect on the negotiation or adjudication of water
rights, including those of the tribe.
(b) Definitions.--In this Act:
(1) Contract.--The term ``contract'' means the contract
under subsection (c).
(2) Irrigation district.--The term ``irrigation district''
means 1 or more irrigation districts organized in accordance
with the paragraph relating to the irrigation systems on the
Flathead Indian Reservation, Montana, under the subheading
``irrigation and drainage'' under the heading ``BUREAU OF
INDIAN AFFAIRS'' in the Act of May 10, 1926 (44 Stat. 464,
chapter 277).
(3) Project.--The term ``project'' means the Irrigation
Division of the Flathead Irrigation Project constructed under
section 14 of the Act of April 23, 1904 (33 Stat. 305, chapter
1495), and section 14 of the Act of May 29, 1908 (35 Stat. 450,
chapter 216).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tribe.--The term ``Tribe'' means the Confederated
Salish and Kootenai Tribes of the Flathead Nation, a federally
recognized tribe organized under section 16 of the Act of June
18, 1934 (25 U.S.C. 476).
(c) Contract.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall offer to enter into
a contract with the irrigation district under which the
irrigation district will operate and manage the project,
including all rights and powers exercised by the Secretary in
the operation of the project, including the right to use
permanent easements purchased under the Act of May 25, 1948 (62
Stat. 269, chapter 340).
(2) Contract provisions.--The contract shall contain
provisions that--
(A)(i) identify the trust responsibilities of the
United States to the Tribe that are affected by the
operation and maintenance of the Irrigation Division;
and
(ii) ensure that the United States will be able to
fulfill those responsibilities;
(B) ensure that in operating and maintaining the
project, the irrigation district will maintain the
interim instream flows established by the Bureau of
Indian Affairs to preserve fisheries pending
adjudication of water rights and, thereafter, as
required by any rulings made in connection with the
adjudication or related negotiation;
(C) ensure that obligations in existence on the
date of enactment of this Act governing the repayment
of the construction costs of the project are continued
unaffected by this Act and the contract, if the
irrigation district makes an accelerated payment of
$1,000,000 on the repayment contract between the
irrigation district and the United States not later
than December 31, 2001;
(D) amend the repayment contracts in effect on the
date of enactment of this Act between the irrigation
district and the United States to provide that net
revenues from the operation of the Power Division of
the project will not be used to pay operation and
maintenance costs of the Irrigation Division; and
(E) provide for revocation of the contract and of
the right of the irrigation district to operate and
maintain the project if a court of the United States
finds that the irrigation district has operated and
persists in operating the project in a manner that
willingly and knowingly damages tribal trust assets.
(3) Protection of tribal trust assets.--For the purpose of
paragraph (2)(E)--
(A) operation of the project as the project was
operated by the Bureau of Indian Affairs plan of
operations in effect on October 31, 1997, shall be
presumed to provide adequate protection of tribal trust
assets and shall not be considered to damage those
assets; and
(B) any changes in operation required as a result
of new information, changes in administrative policies
or decisions, judicial decisions, or negotiations shall
not be a ground for revocation of the contract unless
the irrigation district refuses to conform the
operation and maintenance of the project to the
requirements of the new information, administrative
policies and decisions, judicial decisions, or
negotiations.
(d) Timing.--The Secretary shall commence negotiations with the
irrigation district as soon as practicable to enable the Secretary and
the irrigation district to enter into a contract not later than 1 year
after the date of enactment of this Act.
(e) Property Rights.--
(1) In general.--Under the contract, the Secretary shall
transfer to the irrigation district ownership of all equipment,
machinery, office supplies, and other supplies and equipment
paid for with operation and maintenance funds related to the
project.
(2) Inventory list.--The Secretary shall provide the
irrigation district an inventory list of all supplies and
equipment at the project as of the date of enactment of this
Act that were purchased with operation and maintenance funds.
(3) Real property.--Under the contract, the Secretary shall
not transfer to the irrigation district ownership of--
(A) any real property right to land or an interest
in land; or
(B) any water right.
(f) Water Rights.--This Act does not affect the negotiation of
water rights between the State of Montana, the United States, and the
Tribe.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Sponsor introductory remarks on measure. (CR S2790)
Referred to Subcommittee on Water and Power.
Committee on Energy and Natural Resources requested executive comment from Department of the Interior, OMB.
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