Pub.L. 104-301 To provide for the settlement of the Navajo-Hopi land dispute, and for other purposes. <> ...

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         FORT PECK RURAL COUNTY WATER SUPPLY SYSTEM ACT OF 1996

[[Page 110 STAT. 3646]]

Public Law 104-300
104th Congress

                                 An Act


 
To authorize the construction of the Fort Peck Rural County Water Supply 
System, to authorize <<NOTE: Oct. 11, 1996 -  [S. 1467]>> assistance to 
      the Fort Peck Rural County Water District, Inc., a nonprofit 
  corporation, for the planning, design, and construction of the water 
                 supply system, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United <<NOTE: Fort Pect Rural County Water Supply System Act of 
1996.>> States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This <<NOTE: Montana. Contracts.>> Act may be cited as the ``Fort 
Peck Rural County Water Supply System Act of 1996''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Construction.--The term ``construction'' means such 
        activities associated with the actual development or 
        construction of facilities as are initiated on execution of 
        contracts for construction.
            (2) District.--The term ``District'' means the Fort Peck 
        Rural County Water District, Inc., a nonprofit corporation in 
        Montana.
            (3) Feasibility study.--The term ``feasibility study'' means 
        the study entitled ``Final Engineering Report and Alternative 
        Evaluation for the Fort Peck Rural County Water District'', 
        dated September 1994.
            (4) Planning.--The term ``planning'' means activities such 
        as data collection, evaluation, design, and other associated 
        preconstruction activities required prior to the execution of 
        contracts for construction.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Water supply system.--The term ``water supply system'' 
        means the Fort Peck Rural County Water Supply System, to be 
        established and operated substantially in accordance with the 
        feasibility study.

SEC. 3. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

    (a) In General.--Upon request of the District, the Secretary shall 
enter into a cooperative agreement with the District for the planning, 
design, and construction by the District of the water supply system. 
Title to this project shall remain in the name of the District.
    (b) Service Area.--The water supply system shall provide for safe 
and adequate rural water supplies under the jurisdiction

[[Page 110 STAT. 3647]]

of the District in Valley County, northeastern Montana (as described in 
the feasibility study).
    (c) Amount of Federal Contribution.--
            (1) In general.--Subject to paragraph (3), under the 
        cooperative agreement, the Secretary shall pay the Federal share 
        of--
                    (A) costs associated with the planning, design, and 
                construction of the water supply system (as identified 
                in the feasibility study); and
                    (B) such sums as are necessary to defray increases 
                in the budget.
            (2) Federal share.--The Federal share referred to in 
        paragraph (1) shall be 75 percent and shall not be reimbursable.
            (3) Total.--The amount of Federal funds made available under 
        the cooperative agreement shall not exceed the amount of funds 
        authorized to be appropriated under section 4.
            (4) Limitations.--Not more than 5 percent of the amount of 
        Federal funds made available to the Secretary under section 4 
        may be used by the Secretary for activities associated with--
                    (A) compliance with the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
                    (B) oversight of the planning, design, and 
                construction by the District of the water supply system.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$5,800,000. This <<NOTE: Termination date.>> authorization shall 
terminate after a period of 5 complete fiscal years after the date of 
enactment of this Act unless the Congress has appropriated funds for the 
construction purposes of this Act. This authorization shall be extended 
1 additional year if the Secretary has requested such appropriation. The 
funds authorized to be appropriated may be increased or decreased by 
such amounts as are justified by reason of ordinary fluctuations in 
development costs incurred after October 1, 1994, as indicated by 
engineering cost indices applicable to the type of construction project 
authorized under this Act. All costs which exceed the amounts authorized 
by this Act, including costs associated with the ongoing energy needs, 
operation, and maintenance of this project shall remain the 
responsibility of the District.

[[Page 110 STAT. 3648]]

SEC. 5. CACHUMA PROJECT, BRADBURY DAM, CALIFORNIA.

    The prohibition against obligating funds for construction until 60 
days from the date that the Secretary of the Interior transmits a report 
to the Congress in accordance with section 5 of the Reclamation Safety 
of Dams Act of 1978 (43 U.S.C. 509) is waived for the Cachuma Project, 
Bradbury Dam, California.

    Approved October 11, 1996.

LEGISLATIVE HISTORY--S. 1467:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-769 (Comm. on Resources).
SENATE REPORTS: No. 104-242 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            May 7, considered and passed Senate.
            Sept. 4, considered and passed House, amended.
            Sept. 28, Senate concurred in House amendment.

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