Summary: H.R.5308 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (10/10/1990)

Fort Hall Indian Water Rights Act of 1990 - Ratifies the 1990 Fort Hall Indian Water Rights Agreement between the Shoshone-Bannock Tribes, the United States, the State of Idaho, and non-Indian Snake River water users represented by the Committee of Nine to settle all water rights claims of the Tribes in the Upper Snake River Basin. Directs the Secretary of the Interior to implement the Agreement, including provisions outlined by this Act for mitigating the adverse impact on the non-Indian water users through contracts for a specified amount of storage space in the Palisades and Rire Reservoirs to protect existing uses of River water.

Gives the force and effect of law to specified portions of the Agreement with respect to the rights of the Tribes to: (1) transfer and lease the Tribal water rights confirmed in a decree (the Final Decree) by a District Court in Idaho; (2) rent the water accruing to Federal storage space held in trust for the Tribes in the Palisades and American Falls Reservoirs under the Michaud Act; and (3) use such water for instream flows for river reaches on or adjacent to the Fort Hall Reservation and up to a specified amount of storage water rights for instream flows in reaches of the Blackfoot River. Amends the Michaud Act and Contract to authorize the uses of such rights. Prohibits the use of any other Tribal water rights off the Reservation.

Authorizes and directs the Secretary to establish the Tribal Development Fund. Authorizes appropriations to the Bureau of Indian Affairs (BIA) for the three fiscal years following enactment of this Act for payment to the Fund and disbursement by the Secretary to the Tribes upon request. Authorizes appropriations to BIA to meet the Government's share of the costs pledged under the Agreement for: (1) developing a Reservation water management system; and (2) acquiring for the Fort Hall Indian Irrigation Project lands and grazing rights to enhance the operation and management of the Project and provide collateral benefits to the Grays Lake Wildlife Refuge. Prohibits any funds authorized to be appropriated under such provisions from being distributed on a per capita basis to members of the Tribes. Authorizes the Tribe to bring an action in a U.S. Claims Court in the event such authorized funds are not paid.

Provides that the Final Decree shall not be set aside by: (1) the Committee of Nine or the State because of failure to apply for the storage space in the Palisades and Rire Reservoirs within one year of the enactment of this Act; or (2) the Tribes or the United States for failure to appropriate the funds authorized by this Act or to acquire the grazing allotments adjacent to Grays Lake.

Provides that when the Agreement is effective, the Tribes and the United States shall be deemed to have waived and released all water rights or claims to water rights from any source within the Upper Snake River Basin, other than those set forth in the Agreement or under State law for certain Indian lands.

Provides that the water rights described in the Agreement and confirmed in the Final Decree are in full satisfaction of all water rights claims of members of the Tribes and allottees for certain Indian lands in the Upper Snake River Basin.