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OCR Page 1 of 137OF THE INTERIOR
THE DEPUTY SECRETARY OF THE INTERIOR
WASHINGTON
March
3.
1849
OCT - 7 1999
To:
Lynn Cutler
From:
David J. Hayespyt
Subject:
Rocky Boys Settlement
The Department of the Interior has been informed by Senate Committee staff that S. 438, the
Chippewa-Cree Tribe of the Rocky Boys Reservation Indian Reserved Water Rights Settlement
and Water Supply Enhancement Act of 1999, likely will be brought up for floor action in the
Senate prior to adjournment. S. 438 has been reported out of the Indian Affairs Committee as
well as the Energy & Natural Resources Committee (sequential referral), and has been placed on
the Senate Legislative Calendar (No. 297).
Similarly, the House version, H.R. 795, has been favorably reported by House Resources and
House Committee staff expects floor action prior to adjournment.
This bill represents the successful culmination of approximately eight years of negotiation
among the United States, the State of Montana and the Chippewa Cree Tribe of the Rocky Boys
Reservation over the Tribe's water rights claims. -It represents a true partnership among
Federal, State and Tribal interests to reach a water rights settlement that satisfies Tribal rights
and needs, while also taking into account the rights and needs of non-Indian water users.
The bill had its genesis in a Compact approved by the Montana State legislature and the Tribal
Council in April of 1997. In October of 1997, the United States, the State and the Tribe reached
an agreement in principle concerning the financial contribution the United States should make to
the settlement. In the early months of 1998, the parties negotiated the language of the bills that
were introduced on April 1, 1998, by members of the Montana congressional delegation as S.
1899 and H.R. 3658 in the 105ᵗʰ Congress. Hearings on the bills were held before the Senate
Committee on Indian Affairs and the House Subcommittee on Water & Power Resources on June
24, 1998, and September 23, 1998, respectively. Despite unanimous support for the bills by the
Administration, the State and the Tribe, and our joint efforts to provide congressional staff with
an understanding of the settlement legislation, the bills did not advance in the 105th Congress.
In 1999, the State and the Tribe, with the assistance of the Department of the Interior, continued
to work closely with congressional staff on revised bills to be introduced in the 106th Congress.
As a result S. 438 and H.R. 795 were introduced in late February of this year. Again, hearings on
the bills were held before the Senate Committee on Indian Affairs and the House Subcommittee
on Water & Power Resources. (June 30, 1999, and July 1, 1999, respectively). Additional
Minor changes have been made to the bills based on discussions with Committee staff
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