NORTHERN CHEYENNE INDIAN RESERVED FRIDAY, NOVEMBER 15, 1991 U.S. SENATE, SELECT COMMITTEE ON INDIAN AFFAIRS, Washington, DC. The committee met, pursuant to notice, at 1:35 p.m. in room 485, Russell Senate Office Building, Hon. Daniel K. Inouye (chairman of the committee) presiding. Present: Senator Inouye. STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII, CHAIRMAN, SELECT COMMITTEE ON INDIAN AFFAIRS The CHAIRMAN. The committee meets this afternoon to receive testimony on S. 1607, a bill to provide for the settlement of all claims to Federal reserved water rights of the Northern Cheyenne Tribe and its members and allottees, and of the United States on behalf of the Northern Cheyenne Tribe. On June 11 of this year, the Northern Cheyenne Tribe and the State of Montana entered into a compact for the resolution of all issues concerning the nature, extent, and administration of the water rights of the Northern Cheyenne Tribe. The compact confirms tribal water rights of 40,000 acre feet from the Tongue River, 30,000 acre feet from the Yellow Tail Reservoir, 1,800 acre feet from Rosebud Creek, and an additional 19,530 acre feet provided that other water users are not affected. The bill we will consider this afternoon provides for the ratification by the United States of the terms of the compact between the Northern Cheyenne Tribe and the State of Montana. [Text of S. 1607 follows:] To provide for the settlement of the water rights claims of the Northern Cheyenne Tribe, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 31 (legislative day, JULY 8), 1991 Mr. BURNS (for himself, Mr. BAUCUS, and Mr. MCCAIN) introduced the following bill; which was read twice and referred to the Select Committee on Indian Affairs 1 A BILL To provide for the settlement of the water rights claims of the Northern Cheyenne Tribe, and for other purposes. Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Northern Cheyenne 5 Indian Reserved Water Rights Settlement Act of 1991". 6 SEC. 2. PURPOSES. The purposes of this Act are (a) to achieve a fair, equitable, and final settle 7 8 9 10 in the State of Montana of— ment of all claims to Federal reserved water rights 2 (1) the Northern Cheyenne Tribe and its members and allottees; and (2) the United States on behalf of the Northern Cheyenne Tribe and its members and allottees; (b) to authorize the Secretary of the Interior to enter into a cooperative agreement with the State of Montana for the planning, design, and construction (2) protect existing Tribal contract water rights; (3) settle existing claims by the Tribe against the United States relating to the right to the use of water for Reservation lands con firmed in the Compact or related to the right to use water from the Tongue River Reservoir; (4) correct identified dam safety inadequacies; and (5) provide for the conservation and development of fish and wildlife resources; (c) to provide for the enhancement of fish and wildlife habitat; 3 (d) to authorize certain modifications to the purposes and operation of the Big Horn Reservoir in order to implement the Compact's settlement of the Tribe's reserved water rights claims; and 1 2 3 4 5 6 7 the Compact. (e) to authorize the Secretary of the Interior to take such other acts as are necessary to implement 8 SEC. 3. DEFINITIONS. 9 As used in this Act: (a) COMPACT.-The term "Compact" means the Water Rights Compact entered into on June 11, 1991, by the Northern Cheyenne Tribe and the State of Montana. (b) RESERVATION.-The term "Reservation" means the Northern Cheyenne Reservation as established by Executive orders of November 26, 1884, and March 19, 1990. (c) SECRETARY.-The term "Secretary" means the Secretary of the Interior. (d) STATE. The term "State" means the State of Montana. (e) STATE WATER CONTRACTS.-The term "state water contracts" means contracts with the Montana Department of Natural Resources and 4 1 to receive stored water from the DNRC's storage rights in the Tongue River Reservoir. (f) TONGUE RIVER DAM PROJECT.-The term "Tongue River Dam Project" means the project, conducted pursuant to the cooperative agreement authorized by this Act and subject to conditions contained in the Compact and in the record of decision after completion of environmental review, to repair and enlarge the Tongue River Dam. (g) TRIBE.-The term "Tribe" means the Northern Cheyenne Tribe. 12 SEC. 4. RATIFICATION OF COMPACT. 13 (a) IN GENERAL.-Except as modified by this Act, 14 the Water Rights Compact entered into by the Northern 15 Cheyenne Tribe and the State of Montana is hereby ap16 proved, ratified, and confirmed. 17 (b) IMPLEMENTATION.-The Secretary shall imple 18 ment the Compact as provided in this Act. 19 SEC. 5. USE AND TRANSFER OF THE TRIBAL WATER RIGHT. (a) ADMINISTRATION AND ENFORCEMENT.—As pro 20 21 vided in the Compact, until the adoption and approval of 22 a Tribal water code, the Secretary shall administer and 23 enforce the Tribal water right. 24 (b) AGRICULTURAL DEVELOPMENT.-The Secretary, 25 through the Bureau of Indian Affairs, is directed by the |