Home > 106th Congressional Bills > S. 624 (es) To authorize construction of the Fort Peck Reservation Rural Water System in the State of Montana, and for other purposes. [Engrossed in Senate] ...S. 624 (es) To authorize construction of the Fort Peck Reservation Rural Water System in the State of Montana, and for other purposes. [Engrossed in Senate] ...
S.624
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To authorize construction of the Fort Peck Reservation Rural Water
System in the State of Montana, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Peck Reservation Rural Water
System Act of 2000''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to ensure a safe and adequate municipal, rural, and
industrial water supply for the residents of the Fort Peck Indian
Reservation in the State of Montana; and
(2) to assist the citizens of Roosevelt, Sheridan, Daniels, and
Valley Counties in the State, outside the Fort Peck Indian
Reservation, in developing safe and adequate municipal, rural, and
industrial water supplies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Assiniboine and sioux rural water system.--The term
``Assiniboine and Sioux Rural Water System'' means the rural water
system within the Fort Peck Indian Reservation authorized by
section 4.
(2) Dry prairie rural water system.--The term ``Dry Prairie
Rural Water System'' means the rural water system authorized by
section 5 in the Roosevelt, Sheridan, Daniels, and Valley Counties
of the State.
(3) Fort peck reservation rural water system.--The term ``Fort
Peck Reservation Rural Water System'' means the Assiniboine and
Sioux Rural Water System and the Dry Prairie Rural Water System.
(4) Fort peck tribes.--The term ``Fort Peck Tribes'' means the
Assiniboine and Sioux Indian Tribes within the Fort Peck Indian
Reservation.
(5) Pick-sloan.--The term ``Pick-Sloan'' means the Pick-Sloan
Missouri River Basin program (authorized by section 9 of the Act
entitled ``An Act authorizing the construction of certain public
works on rivers and harbors for flood control, and for other
purposes'', approved December 22, 1944 (commonly known as the
``Flood Control Act of 1944'') (58 Stat. 891)).
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) State.--The term ``State'' means the State of Montana.
SEC. 4. ASSINIBOINE AND SIOUX RURAL WATER SYSTEM.
(a) Authorization.--The Secretary shall plan, design, construct,
operate, maintain, and replace a municipal, rural, and industrial water
system, to be known as the ``Assiniboine and Sioux Rural Water
System'', as generally described in the report required by subsection
(g)(2).
(b) Components.--The Assiniboine and Sioux Rural Water System shall
consist of--
(1) pumping and treatment facilities located along the Missouri
River within the boundaries of the Fort Peck Indian Reservation;
(2) pipelines extending from the water treatment plant
throughout the Fort Peck Indian Reservation;
(3) distribution and treatment facilities to serve the needs of
the Fort Peck Indian Reservation, including--
(A) public water systems in existence on the date of the
enactment of this Act that may be purchased, improved, and
repaired in accordance with the cooperative agreement entered
into under subsection (c); and
(B) water systems owned by individual tribal members and
other residents of the Fort Peck Indian Reservation;
(4) appurtenant buildings and access roads;
(5) all property and property rights necessary for the
facilities described in this subsection;
(6) electrical power transmission and distribution facilities
necessary for services to Fort Peck Reservation Rural Water System
facilities; and
(7) such other pipelines, pumping plants, and facilities as the
Secretary determines to be appropriate to meet the water supply,
economic, public health, and environmental needs of the Fort Peck
Indian Reservation, including water storage tanks, water lines, and
other facilities for the Fort Peck Tribes and the villages, towns,
and municipalities in the Fort Peck Indian Reservation.
(c) Cooperative Agreement.--
(1) In general.--The Secretary shall enter into a cooperative
agreement with the Fort Peck Tribal Executive Board for planning,
designing, constructing, operating, maintaining, and replacing the
Assiniboine and Sioux Rural Water System.
(2) Mandatory provisions.--The cooperative agreement under
paragraph (1) shall specify, in a manner that is acceptable to the
Secretary and the Fort Peck Tribal Executive Board--
(A) the responsibilities of each party to the agreement
for--
(i) needs assessment, feasibility, and environmental
studies;
(ii) engineering and design;
(iii) construction;
(iv) water conservation measures; and
(v) administration of contracts relating to performance
of the activities described in clauses (i) through (iv);
(B) the procedures and requirements for approval and
acceptance of the design and construction and for carrying out
other activities described in subparagraph (A); and
(C) the rights, responsibilities, and liabilities of each
party to the agreement.
(3) Optional provisions.--The cooperative agreement under
paragraph (1) may include provisions relating to the purchase,
improvement, and repair of water systems in existence on the date
of the enactment of this Act, including systems owned by individual
tribal members and other residents of the Fort Peck Indian
Reservation.
(4) Termination.--The Secretary may terminate a cooperative
agreement under paragraph (1) if the Secretary determines that--
(A) the quality of construction does not meet all standards
established for similar facilities constructed by the
Secretary; or
(B) the operation and maintenance of the Assiniboine and
Sioux Rural Water System does not meet conditions acceptable to
the Secretary that are adequate to fulfill the obligations of
the United States to the Fort Peck Tribes.
(5) Transfer.--On execution of a cooperative agreement under
paragraph (1), in accordance with the cooperative agreement, the
Secretary may transfer to the Fort Peck Tribes, on a
nonreimbursable basis, funds made available for the Assiniboine and
Sioux Rural Water System under section 9.
(d) Service Area.--The service area of the Assiniboine and Sioux
Rural Water System shall be the area within the boundaries of the Fort
Peck Indian Reservation.
(e) Construction Requirements.--The components of the Assiniboine
and Sioux Rural Water System shall be planned and constructed to a size
that is sufficient to meet the municipal, rural, and industrial water
supply requirements of the service area of the Fort Peck Reservation
Rural Water System.
(f) Title to Assiniboine and Sioux Rural Water System.--Title to
the Assiniboine and Sioux Rural Water System shall be held in trust by
the United States for the Fort Peck Tribes and shall not be transferred
unless a transfer is authorized by an Act of Congress enacted after the
date of the enactment of this Act.
(g) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for construction of the Assiniboine
and Sioux Rural Water System until--
(1) the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the
Assiniboine and Sioux Rural Water System;
(2) on or after the date that is 90 days after the date of
submission to Congress of a final engineering report approved by
the Secretary; and
(3) the Secretary publishes a written finding that the water
conservation plan developed under section 7 includes prudent and
reasonable water conservation measures for the operation of the
Assiniboine and Sioux Rural Water System that have been shown to be
economically and financially feasible.
(h) Technical Assistance.--The Secretary shall provide such
technical assistance as is necessary to enable the Fort Peck Tribes to
plan, design, construct, operate, maintain, and replace the Assiniboine
and Sioux Rural Water System, including operation and management
training.
(i) Application of Indian Self-Determination Act.--Planning,
design, construction, operation, maintenance, and replacement of the
Assiniboine and Sioux Rural Water System within the Fort Peck Indian
Reservation shall be subject to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
(j) Cost Sharing.--
(1) Construction.--The Federal share of the cost of
construction of the Assiniboine and Sioux Rural Water System shall
be 100 percent, and shall be funded through annual appropriations
to the Bureau of Reclamation.
(2) Operation and maintenance.--The Federal share of the cost
of operation and maintenance of the Assiniboine and Sioux Rural
Water System shall be 100 percent, and shall be funded through
annual appropriations to the Bureau of Indian Affairs.
SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM.
(a) Planning and Construction.--
(1) Authorization.--The Secretary shall enter into a
cooperative agreement with Dry Prairie Rural Water Association
Incorporated (or any successor non-Federal entity) to provide
Federal funds for the planning, design, and construction of the Dry
Prairie Rural Water System in Roosevelt, Sheridan, Daniels, and
Valley Counties, Montana, outside the Fort Peck Indian Reservation.
(2) Use of federal funds.--
(A) Federal share.--The Federal share of the cost of
planning, design, and construction of the Dry Prairie Rural
Water System shall be not more than 76 percent, and shall be
funded with amounts appropriated from the reclamation fund.
Such amounts shall not be returnable or reimbursable under the
Federal reclamation laws.
(B) Cooperative agreements.--Federal funds made available
to carry out this section may be obligated and expended only
through a cooperative agreement entered into under subsection
(c).
(b) Components.--The components of the Dry Prairie Rural Water
System facilities on which Federal funds may be obligated and expended
under this section shall include--
(1) storage, pumping, interconnection, and pipeline facilities;
(2) appurtenant buildings and access roads;
(3) all property and property rights necessary for the
facilities described in this subsection;
(4) electrical power transmission and distribution facilities
necessary for service to Dry Prairie Rural Water System facilities;
and
(5) other facilities customary to the development of rural
water distribution systems in the State, including supplemental
water intake, pumping, and treatment facilities.
(c) Cooperative Agreement.--
(1) In general.--The Secretary, with the concurrence of the
Assiniboine and Sioux Rural Water System Board, shall enter into a
cooperative agreement with Dry Prairie Rural Water Association
Incorporated to provide Federal assistance for the planning,
design, and construction of the Dry Prairie Rural Water System.
(2) Mandatory provisions.--The cooperative agreement under
paragraph (1) shall specify, in a manner that is acceptable to the
Secretary and Dry Prairie Rural Water Association Incorporated--
(A) the responsibilities of each party to the agreement
for--
(i) needs assessment, feasibility, and environmental
studies;
(ii) engineering and design;
(iii) construction;
(iv) water conservation measures; and
(v) administration of contracts relating to performance
of the activities described in clauses (i) through (iv);
(B) the procedures and requirements for approval and
acceptance of the design and construction and for carrying out
other activities described in subparagraph (A); and
(C) the rights, responsibilities, and liabilities of each
party to the agreement.
(d) Service Area.--
(1) In general.--Except as provided in paragraph (2), the
service area of the Dry Prairie Rural Water System shall be the
area in the State--
(A) north of the Missouri River;
(B) south of the border between the United States and
Canada;
(C) west of the border between the States of North Dakota
and Montana; and
(D) east of the western line of range 39 east.
(2) Fort peck indian reservation.--The service area shall not
include the area inside the Fort Peck Indian Reservation.
(e) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for construction of the Dry Prairie
Rural Water System until--
(1) the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the Dry
Prairie Rural Water System;
(2) on or after the date that is 90 days after the date of
submission to Congress of a final engineering report approved by
the Secretary; and
(3) the Secretary publishes a written finding that the water
conservation plan developed under section 7 includes prudent and
reasonable water conservation measures for the operation of the Dry
Prairie Rural Water System that have been shown to be economically
and financially feasible.
(f) Interconnection of Facilities.--The Secretary shall--
(1) interconnect the Dry Prairie Rural Water System with the
Assiniboine and Sioux Rural Water System; and
(2) provide for the delivery of water to the Dry Prairie Rural
Water System from the Missouri River through the Assiniboine and
Sioux Rural Water System.
(g) Limitation on Use of Federal Funds.--
(1) In general.--The operation, maintenance, and replacement
expenses associated with water deliveries from the Assiniboine and
Sioux Rural Water System to the Dry Prairie Rural Water System
shall not be a Federal responsibility and shall be borne by the Dry
Prairie Rural Water System.
(2) Federal funds.--The Secretary may not obligate or expend
any Federal funds for the operation, maintenance, or replacement of
the Dry Prairie Rural Water System.
(h) Title to Dry Prairie Rural Water System.--Title to the Dry
Prairie Rural Water System shall be held by Dry Prairie Rural Water
Association, Incorporated.
SEC. 6. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future irrigation and
drainage pumping for the Pick-Sloan Missouri Basin program, the Western
Area Power Administration shall make available, at the firm power rate,
the capacity and energy required to meet the pumping and incidental
operational requirements of the Fort Peck Reservation Rural Water
System.
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