< Back to S. 841 (105th Congress, 1997–1998)

Text of the Fort Peck Reservation Rural Water System Act of 1997

This bill was introduced on June 5, 1997, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 5, 1997 (Introduced).

Source: GPO

S 841 IS

105th CONGRESS

1st Session

S. 841

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

June 5, 1997

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


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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Fort Peck Reservation Rural Water System Act of 1997’.

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 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) 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

      (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 Montana; and

      (2) to assist the citizens of Roosevelt, Sheridan, Daniels, and Valley Counties, Montana, outside the Fort Peck Indian Reservation, in developing safe and adequate municipal, rural, and industrial water supplies.

SEC. 3. DEFINITIONS.

    In this Act:

      (1) COUNTIES WATER SYSTEM- The term ‘Counties Water System’ means the Roosevelt, Sheridan, Daniels, and Valley Counties Rural Water System authorized by section 5.

      (2) FORT PECK TRIBE- The term ‘Fort Peck tribe’ means the Assiniboine Indian Tribe or the Sioux Indian Tribe within the Fort Peck Indian Reservation.

      (3) FORT PECK WATER SYSTEM- The term ‘Fort Peck Water System’ means the Fort Peck Reservation Rural Water System authorized by section 4.

      (4) PICK-SLOAN- The term ‘Pick-Sloan’ means the Pick-Sloan Missouri River Basin Program authorized by section 9 of the Act of December 22, 1944 (58 Stat. 891, chapter 665) (commonly known as the ‘Flood Control Act of 1944’).

      (5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

SEC. 4. FORT PECK RESERVATION 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 ‘Fort Peck Reservation Rural Water System’, as generally described in the report entitled ‘Technical Report for the Fort Peck Reservation Rural Water System’ and dated July 1995.

    (b) COMPONENTS- The Fort Peck Water System shall consist of--

      (1) pumping and treatment facilities located along the Missouri River near Poplar, Montana;

      (2) pipelines extending from the Missouri River near Poplar, Montana, throughout the Fort Peck Indian Reservation;

      (3) facilities to allow for future interconnections to areas outside the Fort Peck Indian Reservation, including the communities of Plentywood, Scobey, Flaxville, and Culbertson, Montana;

      (4) distribution and treatment facilities to serve the needs of the Fort Peck Indian Reservation, including--

        (A) 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 under subsection (c); and

        (B) water systems owned by individual tribal members and other residents of the Fort Peck Indian Reservation;

      (5) appurtenant buildings and access roads;

      (6) all property and property rights necessary for the facilities described in this subsection;

      (7) electrical power transmission and distribution facilities necessary for services to Fort Peck Water System facilities; and

      (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.

    (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 Fort Peck 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

        (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 Fort Peck 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 Fort Peck Water System under section 7.

    (d) SERVICE AREA- The service area of the Fort Peck Water System shall be--

      (1) the area within the boundaries of the Fort Peck Indian Reservation; and

      (2) the service area of the Counties Water System described in section 5(d).

    (e) CONSTRUCTION REQUIREMENTS- The components of the Fort Peck Water System shall be planned and constructed to a size sufficient to meet the municipal, rural, and industrial water supply requirements of the service area of the Fort Peck Water System described in subsection (d).

    (f) TITLE TO FORT PECK WATER SYSTEM- Title to the Fort Peck 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 Fort Peck 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 Fort Peck Water System; and

      (2) a final engineering report for the Fort Peck Water System is approved by the Secretary.

    (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 Fort Peck Water System, including operation and management training.

    (i) APPLICATION OF INDIAN SELF-DETERMINATION ACT- Planning, design, construction, operation, maintenance, and replacement of the Fort Peck Water System within the Fort Peck Indian Reservation shall be subject to the Indian Self-Determination Act (25 U.S.C. 450f et seq.).

    (j) USE OF PICK-SLOAN POWER-

      (1) IN GENERAL- The Fort Peck Water System shall use power from Pick-Sloan for operation. The use of the power shall be considered to be a project use pumping requirement of Pick-Sloan.

      (2) RESERVATION OF POWER- Power identified for future project use pumping shall be reserved for and made available for the purpose authorized by paragraph (1).

      (3) RATE- The rate for project use power made available under paragraph (2) shall be the wholesale firm power rate for Pick-Sloan (Eastern Division) in effect at the time at which the power is sold.

      (4) ADDITIONAL POWER-

        (A) IN GENERAL- If power in addition to that made available under paragraph (2) is required to meet the pumping requirements of the service area of the Fort Peck Water System described in subsection (d), the Administrator of the Western Area Power Administration may purchase the necessary additional power under such terms and conditions as the Administrator determines to be appropriate.

        (B) RECOVERY OF EXPENSES- Expenses associated with power purchases under subparagraph (A) shall be recovered through a separate power charge, sufficient to recover the expenses, applied to the Fort Peck Water System.

SEC. 5. ROOSEVELT, SHERIDAN, DANIELS, AND VALLEY COUNTIES RURAL WATER SYSTEM.

    (a) PLANNING AND CONSTRUCTION-

      (1) AUTHORIZATION- The Secretary shall enter into a cooperative agreement with appropriate non-Federal entities to provide Federal funds for the planning, design, and construction of the Roosevelt, Sheridan, Daniels, and Valley Counties 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 the planning, design, and construction of the Counties Water System shall be not more than 75 percent.

        (B) COOPERATIVE AGREEMENTS- Federal funds made available to carry out this section may be obligated and expended only through a cooperative agreement described in subsection (c).

    (b) COMPONENTS- The components of the Counties Water System on which Federal funds may be obligated and expended under this section shall include--

      (1) water intake, pumping, treatment, storage, 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 services to Counties Water System facilities;

      (5) planning and design services for all facilities; and

      (6) other facilities and services customary to the development of rural water distribution systems in Montana.

    (c) COOPERATIVE AGREEMENT-

      (1) IN GENERAL- The Secretary, with the concurrence of the Fort Peck Reservation Rural Water System Board, shall enter into a cooperative agreement with appropriate non-Federal entities to provide Federal assistance for the planning, design, and construction of the Counties Water System.

      (2) MANDATORY PROVISIONS- The cooperative agreement under paragraph (1) shall specify, in a manner that is acceptable to the Secretary--

        (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

        (C) the rights, responsibilities, and liabilities of each party to the agreement.

    (d) SERVICE AREA- The service area of the Counties Water System shall be the area in Montana north of the Missouri River, south of the border between the United States and Canada, west of the border between the States of North Dakota and Montana, and east of a north-south line between the Missouri River and the Canadian border, which line passes through the westernmost boundary of the city of Glasgow, except that 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 Counties Water System before the date that is 90 days after the date of submission of a final engineering report to Congress.

    (f) INTERCONNECTION OF FACILITIES AND WAIVER OF CHARGES- The Secretary may--

      (1) interconnect the Counties Water System with the Fort Peck Water System; and

      (2) provide for the delivery of water to the Counties Water System, without charge, from the Missouri River through the Fort Peck Water System.

    (g) LIMITATION ON USE OF FEDERAL FUNDS- The operation and maintenance expenses associated with water deliveries to the Counties Water System shall be a non-Federal responsibility. The Secretary may not obligate or expend any Federal funds for the operation, maintenance, or replacement of the Counties Water System.

SEC. 6. WATER RIGHTS.

    This Act does not--

      (1) impair the validity of or preempt any provision of State water law or any interstate compact governing water;

      (2) alter the right of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by any past or future interstate compact or by any past or future legislative or final judicial allocation;

      (3) preempt or modify any Federal or State law or interstate compact concerning water quality or disposal;

      (4) confer on any non-Federal entity the authority to exercise any Federal right to the waters of any stream or to any ground water resource;

      (5) affect any right of the Fort Peck tribes to water, located within or outside the external boundaries of the Fort Peck Indian Reservation, based on a treaty, compact, executive order, agreement, Act of Congress, aboriginal title, the decision in Winters v. United States, 207 U.S. 564 (1908) (commonly known as the ‘Winters Doctrine’), or other law; or

      (6) validate or invalidate any assertion of the existence, nonexistence, or extinguishment of any water right or Indian water compact held by the Fort Peck tribes or by any other Indian tribe or individual Indian under Federal or State law.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) FORT PECK WATER SYSTEM- There are authorized to be appropriated--

      (1) over a period of 5 fiscal years, $109,000,000 for the planning, design, and construction of the Fort Peck Water System; and

      (2) such sums as are necessary for the operation and maintenance of the Fort Peck Water System.

    (b) COUNTIES WATER SYSTEM- There are authorized to be appropriated such sums as are necessary to carry out section 5.