Pub. L. 111-291, tit. IV, sec. 403 (as amended)

DEFINITIONS.

Year: 2023Length: 835 wordsOfficial source
SEC. 403. DEFINITIONS. In this title: (1) Allottee.—The term “allottee” means any individual who holds a beneficial real property interest in an allotment of Indian land that is— (A) located within the Reservation or the ceded strip; and (B) held in trust by the United States. (2) Ceded strip.—The term “ceded strip” means the area identified as the ceded strip on the map included in appendix 5 of the Compact. (3) CIP om&r.—The term “CIP OM&R” means— (A) any recurring or ongoing activity associated with the day-to-day operation of the Crow Irrigation Project; (B) any activity relating to scheduled or unscheduled maintenance of the Crow Irrigation Project; and (C) any activity relating to replacement of a feature of the Crow Irrigation Project. (4) Compact.—The term “Compact” means the water rights compact between the Tribe and the State of Montana contained in section 85-20-901 of the Montana Code Annotated (2009) (including any exhibit, part, or amendment to the Compact). (5) Crow irrigation project.— (A) In general.—The term “Crow Irrigation Project” means the irrigation project— (i) authorized by section 31 of the Act of March 3, 1891 (26 Stat. 1040); (ii) managed by the Secretary (acting through the Bureau of Indian Affairs); and (iii) consisting of the project units of— (I) Agency; (II) Bighorn; (III) Forty Mile; (IV) Lodge Grass #1; (V) Lodge Grass #2; (VI) Pryor; (VII) Reno; (VIII) Soap Creek; and (IX) Upper Little Horn. (B) Inclusion.—The term “Crow Irrigation Project” includes land held in trust by the United States for the Tribe and the allottees in the Bozeman Trail and Two Leggins irrigation districts. (6) Enforceability date.—The term “enforceability date” means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 410(e). (7) Final.—The term “final” with reference to approval of the decree described in section 410(e)(1)(A), means— (A) completion of any direct appeal to the Montana Supreme Court of a decree by the Montana Water Court pursuant to section 85-2-235 of the Montana Code Annotated (2009), including the expiration of time for filing of any such appeal; or (B) completion of any appeal to the appropriate United States Court of Appeals, including the expiration of time in which a petition for certiorari may be filed in the United States Supreme Court, denial of such petition, or issuance of a final judgment of the United States Supreme Court, whichever occurs last. (8) Fund.—The term “Fund” means the Crow Settlement Fund established by section 411. (9) Indian tribe.—The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (10) Joint stipulation of settlement.—The term “joint stipulation of settlement” means the joint stipulation of settlement relating to the civil action styled Crow Tribe of Indians v. Norton, No. 02-284 (D.D.C. 2006). (11) MR&I system.— (A) In general.—The term “MR&I System” means the municipal, rural, and industrial water system of the Reservation, generally described in the document entitled “Crow Indian Reservation Municipal, Rural and Industrial Water System Engineering Report” prepared by DOWL HKM, and dated July 2008 and updated in a status report prepared by DOWL HKM dated December 2009. (B) Inclusions.—The term “MR&I System” includes— (i) the raw water intake, water treatment plant, pipelines, storage tanks, pumping stations, pressure-reducing valves, electrical transmission facilities, and other items (including real property and easements necessary to deliver potable water to the Reservation) appurtenant to the system described in subparagraph (A); and (ii) in descending order of construction priority— (I) the Bighorn River Valley Subsystem; (II) the Little Bighorn River Valley Subsystem; and (III) Pryor Extension. (12) MR&I system om&r.—The term “MR&I System OM&R” means— (A) any recurring or ongoing activity associated with the day-to-day operation of the MR&I System; (B) any activity relating to scheduled or unscheduled maintenance of the MR&I System; and (C) any activity relating to replacement of project features of the MR&I System. (13) Reservation.—The term “Reservation” means the area identified as the Reservation on the map in appendix 4 of the Compact. (14) Secretary.—The term “Secretary” means the Secretary of the Interior. (15) Tribal Compact Administration.—The term “Tribal Compact Administration” means any activity relating to— (A) the development or enactment by the Tribe of the tribal water code; (B) establishment by the Tribe of a water resources department; and (C) the operation by the Tribe of that water resources department (or a successor agency) during the 10-year period beginning on the date of establishment of the department. (16) Tribal Water Code.—The term “tribal water code” means a water code adopted by the Tribe in accordance with section 407(f). (17) Tribal water rights.—The term “tribal water rights” means— (A) the water rights of the Tribe described in article III of the Compact; and (B) the water rights provided to the Tribe under section 408. (18) Tribe.—The term “Tribe” means the Crow Tribe of Indians of the State of Montana on behalf of itself and its members (but not its members in their capacities as allottees).
Pub. L. 111-291, tit. IV, sec. 403 (as amended): DEFINITIONS. | Justis AI