Home > 106th Congressional Bills > S. 624 (rh) To authorize construction of the Fort Peck Reservation Rural Water System in the State of Montana, and for other purposes. [Reported in House] ...S. 624 (rh) To authorize construction of the Fort Peck Reservation Rural Water System in the State of Montana, and for other purposes. [Reported in House] ...
106th CONGRESS
2d Session
S. 624
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 2000
Referred to the Committee on Resources
_______________________________________________________________________
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 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there are insufficient water supplies available to
residents of the Fort Peck Indian Reservation in the State of
Montana, and the water systems that are available do not meet
minimum health and safety standards and therefore pose a threat
to public health and safety;
(2) in carrying out its trust responsibility, the United
States should ensure that adequate and safe water supplies are
available to meet the economic, environmental, water supply,
and public health needs of the Fort Peck Indian Reservation;
and
(3) the best available, reliable, and safe rural and
municipal water supply to serve the needs of the Fort Peck
Indian Reservation is the Missouri River.
(b) 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 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 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 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.).
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.
(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.--
(1) In general.--The Secretary shall--
(A) interconnect the Dry Prairie Rural Water System
with the Assiniboine and Sioux Rural Water System; and
(B) 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.
(2) Charges.--The Secretary shall not charge for the water
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