Home > 106th Congressional Bills > S. 625 (is) To amend title 11, United States Code, and for other purposes. [Introduced in Senate] ...

S. 625 (is) To amend title 11, United States Code, and for other purposes. [Introduced in Senate] ...


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                                                       Calendar No. 335

106th CONGRESS

  1st Session

                                 S. 624

                          [Report No. 106-198]

_______________________________________________________________________

                                 A BILL

  To authorize construction of the Fort Peck Reservation Rural Water 
        System in the State of Montana, and for other purposes.

_______________________________________________________________________

                            October 20, 1999

                       Reported with an amendment





                                                       Calendar No. 335
106th CONGRESS
  1st Session
                                 S. 624

                          [Report No. 106-198]

  To authorize construction of the Fort Peck Reservation Rural Water 
        System in the State of Montana, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 1999

 Mr. Burns (for himself and Mr. Baucus) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            October 20, 1999

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Fort Peck Reservation Rural 
Water System Act of 1999''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the United States has a trust responsibility 
        to 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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Fort peck tribes.--The term ``Fort Peck 
        tribes'' means the Assiniboine and Sioux Indian Tribes within 
        the Fort Peck Indian Reservation.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (7) State.--The term ``State'' means the State of 
        Montana.</DELETED>

<DELETED>SEC. 4. ASSINIBOINE AND SIOUX RURAL WATER SYSTEM.</DELETED>

<DELETED>    (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 entitled 
``Technical Report for the Fort Peck Reservation Rural Water System'' 
and dated May 1996, as finalized by the report required by subsection 
(g)(2).</DELETED>
<DELETED>    (b) Components.--The Assiniboine and Sioux Rural Water 
System shall consist of--</DELETED>
        <DELETED>    (1) pumping and treatment facilities located along 
        the Missouri River near Poplar, Montana;</DELETED>
        <DELETED>    (2) pipelines extending from the Missouri River 
        near Poplar, Montana, throughout the Fort Peck Indian 
        Reservation;</DELETED>
        <DELETED>    (3) facilities to allow for future 
        interconnections to areas outside the Fort Peck Indian 
        Reservation, including the communities within the service area 
        of the Dry Prairie Rural Water System;</DELETED>
        <DELETED>    (4) distribution and treatment facilities to serve 
        the needs of the Fort Peck Indian Reservation, including--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) water systems owned by individual 
                tribal members and other residents of the Fort Peck 
                Indian Reservation;</DELETED>
        <DELETED>    (5) appurtenant buildings and access 
        roads;</DELETED>
        <DELETED>    (6) all property and property rights necessary for 
        the facilities described in this subsection;</DELETED>
        <DELETED>    (7) electrical power transmission and distribution 
        facilities necessary for services to Fort Peck Reservation 
        Rural Water System facilities; and</DELETED>
        <DELETED>    (8) 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.</DELETED>
<DELETED>    (c) Cooperative Agreement.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the responsibilities of each party to 
                the agreement for--</DELETED>
                        <DELETED>    (i) needs assessment, feasibility, 
                        and environmental studies;</DELETED>
                        <DELETED>    (ii) engineering and 
                        design;</DELETED>
                        <DELETED>    (iii) construction;</DELETED>
                        <DELETED>    (iv) water conservation measures; 
                        and</DELETED>
                        <DELETED>    (v) administration of contracts 
                        relating to performance of the activities 
                        described in clauses (i) through 
                        (iv);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) the rights, responsibilities, and 
                liabilities of each party to the agreement.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Termination.--The Secretary may terminate a 
        cooperative agreement under paragraph (1) if the Secretary 
        determines that--</DELETED>
                <DELETED>    (A) the quality of construction does not 
                meet all standards established for similar facilities 
                constructed by the Secretary; or</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for construction of the Assiniboine 
and Sioux Rural Water System until--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) on or after the date that is 90 days after the 
        date of submission of a final engineering report to Congress; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM.</DELETED>

<DELETED>    (a) Planning and Construction.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Use of federal funds.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) storage, pumping, interconnection, and 
        pipeline facilities;</DELETED>
        <DELETED>    (2) appurtenant buildings and access 
        roads;</DELETED>
        <DELETED>    (3) all property and property rights necessary for 
        the facilities described in this subsection;</DELETED>
        <DELETED>    (4) electrical power transmission and distribution 
        facilities necessary for service to Dry Prairie Rural Water 

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