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S 1607 - 102

Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992

Became Public Law No: 102-374.

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Summary

35 Passed Senate amended Apr 18, 2002

Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 - Ratifies the Water Rights Compact entered into on June 11, 1991, by the Northern Cheyenne Tribe (Tribe) and Montana. Directs the Secretary of the Interior (Secretary) to administer and enforce the Tribal water right until adoption and approval of a Tribal water code. Authorizes the Tribe or its authorized representatives, under specified conditions and subject to the Secretary's approval, to enter into a service contract, lease, exchange, or other agreement providing for the delivery, use, or transfer of the water right confirmed to it in the Compact. Establishes in the Treasury the Northern Cheyenne Indian Reserved Water Rights Settlement Trust Fund (Fund). Directs the Tribe to loan $11,500,000 from the Fund to Montana (subject to specified Project contributions by Montana) for the Tongue River Dam Project (Project). Authorizes appropriations for: (1) tribal funds; and (2) the Project. States that it is the intent of the Congress that nothing in this Act shall: (1) alter the trust responsibility of the United States to the Tribe; or (2) prohibit it from seeking additional authorization or appropriation of funds for Tribal programs and purposes. Directs the Secretary to identify and develop features of the Project that provide for the enhancement of fish and wildlife habitats. Authorizes Fund appropriations for: (1) fish and wildlife enhancement; (2) environmental compliance; and (3) operations. Directs the Secretary to allocate, subject to any prior reserved water rights, specified acre-feet per year of stored water in Big Horn Reservoir, Yellowtail Unit, Lower Bighorn Division, Pick-Sloan Missouri Basin Program, Montana, for use or disposition by the Tribe. Declares that the Tribe shall not be required to make payments to the United States for the portion of the tribal water right stored in Yellowtail Reservoir unless it uses or sells the water. Specifies the schedule of such payments. Directs the Tribe to set rates for its use or sale of stored water, and to retain all revenues from such use or sale. Retains in the United States the right to use any and all water stored in the Big Horn Reservoir for hydropower generation. Requires the Secretary to enter into an agreement with the Tribe providing for: (1) the Tribe's use or sale of water stored in the Big Horn Reservoir, under specified conditions; and (2) the collection and disposition of revenues in connection with water stored in it that is made available to the Tribe. Establishes: (1) a ten-year moratorium on tribal water marketing unless the Tribe and the Crow Tribe agree otherwise; and (2) limitations on water marketing by the Secretary. Directs the Secretary to enter into a cooperative agreement with Montana for planning, design, and construction of the Tongue River Dam Project. Retains ownership of such dam in Montana. Expresses the intent of the Congress that nothing in this Act shall subject to the Reclamation Reform Act of 1982 any holders of State water contracts from the Tongue River Reservoir who do not have a contract for Federal reclamation storage. Directs the Bureau of Land Management to transfer specified Federal lands in Montana to the Bureau of Indian Affairs in trust for the Tribe. States that this transfer shall not be construed as creating a Federal reserve water right. Designates as lead agency: (1) the Bureau of Reclamation with respect to the Tongue River Dam Project and uses of the Tribe's Big Horn Reservoir storage allocation; and (2) the Bureau of Indian Affairs with regard to environmental compliance. States that the Congress finds that the allocation of water resources to the Tribe under this Act is uniquely suited to the geographic, social, and economic characteristics of the situation, and shall not be construed as a precedent for other Indian water right claims.

00 Introduced in Senate Apr 18, 2002

Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1991 - Ratifies the Water Rights Compact entered into on June 11, 1991, by the Northern Cheyenne Tribe (Tribe) and Montana. Directs the Secretary of the Interior (Secretary) to administer and enforce the Tribal water right until adoption and approval of a Tribal water code. Requires the Secretary, through the Bureau of Indian Affairs, to assist the Tribe under existing authority in developing specified acreage in the Tongue River basin and in the Rosebud Creek basin for agricultural purposes. Authorizes the Tribe or its authorized representatives, under specified conditions and subject to the Secretary's approval, to enter into a service contract, lease, exchange, or other agreement providing for the delivery, use, or transfer of the water right confirmed to it in the Compact. Directs the Secretary to identify and develop features of the Tongue River Dam Project in Montana to provide for the enhancement of fish and wildlife habitats. Authorizes appropriations for such enhancement. Directs the Secretary to establish a Tribal Development Fund for the Northern Cheyenne Tribe to be used for: (1) land and natural resources administration, planning, and development within the Reservation; (2) land acquisition; and (3) a loan to Montana for the Tongue River Dam Project costs. Authorizes appropriations. Authorizes the Secretary to provide certain funds to Montana for the modification of the Tongue River Dam. Specifies contributions to be made to such project by the Tribe (as an interest-free loan to Montana) and by the State. Authorizes appropriations for: (1) the modification of the Tongue River Dam; (2) its annual operation, maintenance, and replacement costs; and (3) all environmental compliance associated with the Compact. States that it is the intent of the Congress that nothing in this Act shall: (1) alter the trust responsibility of the United States to the Tribe; or (2) prohibit it from seeking additional authorization or appropriation of funds for Tribal programs and purposes. Directs the Secretary to allocate, subject to any prior reserved water rights, specified acre-feet per year of stored water in Big Horn Reservoir, Yellowtail Unit, Lower Bighorn Division, Pick-Sloan Missouri Basin Program, Montana, for use or disposition by the Tribe. Declares that the Tribe shall not be required to make payments to the United States for the portion of the tribal water right stored in Yellowtail Reservoir unless it uses or sells the water. Specifies the schedule of such payments. Directs the Tribe to set rates for its use or sale of stored water, and to retain all revenues from such use or sale. Retains in the United States the right to use any and all water stored in the Big Horn Reservoir for hydropower generation. Requires the Secretary to enter into an agreement with the Tribe providing for: (1) the Tribe's use or sale of water stored in the Big Horn Reservoir, under specified conditions; and (2) the collection and disposition of revenues in connection with water stored in it that is made available to the Tribe. Directs the Secretary to enter into a cooperative agreement with Montana for planning, design, and construction of the Tongue River Dam Project. Retains ownership of such dam in Montana. Expresses the intent of the Congress that nothing in this Act shall subject to the Reclamation Reform Act of 1982 any holders of State water contracts from the Tongue River Reservoir who do not have a contract for Federal reclamation storage. Directs the Bureau of Land Management to transfer specified Federal lands in Montana to the Bureau of Indian Affairs in trust for the Northern Cheyenne Tribe. States that this transfer shall not be construed as creating a Federal reserve water right. Directs the Secretary, acting through the Bureau of Indian Affairs, to pay to Montana, annually and on a nonreimbursable basis, an amount to cover the proportionate share of the annual operation, maintenance, and replacement costs for the Tongue River Reservoir Dam. Declares that the United States waives its immunity from suit to the extent necessary to permit, with specified exceptions: (1) the resolution by the Northern Cheyenne-Montana Compact Board of matters arising within its jurisdiction; and (2) the appeal or judicial enforcement of Compact Board decisions as provided in the Compact. Provides that nothing in this Act shall be construed to alter or amend any provision of the Yellowstone River Compact.

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Timeline

Sep 30, 1992

Signed by President.

Sep 30, 1992

Signed by President.

Sep 30, 1992

Became Public Law No: 102-374.

Sep 30, 1992

Became Public Law No: 102-374.

Sep 25, 1992

Presented to President.

Sep 25, 1992

Presented to President.

Sep 23, 1992

Message on House action received in Senate.

Sep 22, 1992

Reported by the Committee on Interior and Insular Affairs. H. Rept. 102-894.

Sep 22, 1992

Reported by the Committee on Interior and Insular Affairs. H. Rept. 102-894.

Sep 22, 1992

Placed on the Union Calendar, Calendar No. 509.

Sep 22, 1992

Mr. Williams moved to suspend the rules and pass the bill.

Sep 22, 1992

Considered under suspension of the rules.

Sep 22, 1992

DEBATE - The House proceeded with forty minutes of debate.

Sep 22, 1992

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.

Sep 22, 1992

On motion to suspend the rules and pass the bill Agreed to by voice vote.

Sep 22, 1992

Motion to reconsider laid on the table Agreed to without objection.

Sep 16, 1992

Ordered to be Reported.

Sep 16, 1992

Committee Consideration and Mark-up Session Held.

Aug 10, 1992

Received in the House.

Aug 10, 1992

Message on Senate action sent to the House.

Aug 10, 1992

Referred to the House Committee on Interior and Insular Affairs.

Aug 7, 1992

Measure laid before Senate by unanimous consent.

Aug 7, 1992

The committee substitute as amended agreed to by Voice Vote.

Aug 7, 1992

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Aug 7, 1992

Passed Senate with an amendment by Voice Vote.

Jul 29, 1992

Committee on Indian Affairs. Reported to Senate by Senator Inouye with an amendment in the nature of a substitute. With written report No. 102-347.

Jul 29, 1992

Committee on Indian Affairs. Reported to Senate by Senator Inouye with an amendment in the nature of a substitute. With written report No. 102-347.

Jul 29, 1992

Placed on Senate Legislative Calendar under General Orders. Calendar No. 574.

Jun 16, 1992

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Apr 10, 1992

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Nov 15, 1991

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 102-533.

Jul 31, 1991

Introduced in Senate

Jul 31, 1991

Read twice and referred to the Committee on Indian Affairs.

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