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Text of the Fort Peck Reservation Rural Water System Act of 2000

This bill was enacted after being signed by the President on October 27, 2000. The text of the bill below is as of Oct 20, 1999 (Reported by Senate Committee).

This is not the latest text of this bill.

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S 624 RS

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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Fort Peck Reservation Rural Water System Act of 1999’. [<-Struck out]

[Struck out->] SEC. 2. FINDINGS AND PURPOSES. [<-Struck out]

    [Struck out->] (a) FINDINGS- Congress finds that-- [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (b) PURPOSES- The purposes of this Act are-- [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 3. DEFINITIONS. [<-Struck out]

    [Struck out->] In this Act: [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (4) FORT PECK TRIBES- The term ‘Fort Peck tribes’ means the Assiniboine and Sioux Indian Tribes within the Fort Peck Indian Reservation. [<-Struck out]

      [Struck out->] (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)). [<-Struck out]

      [Struck out->] (6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior. [<-Struck out]

      [Struck out->] (7) STATE- The term ‘State’ means the State of Montana. [<-Struck out]

[Struck out->] SEC. 4. ASSINIBOINE AND SIOUX RURAL WATER SYSTEM. [<-Struck out]

    [Struck out->] (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). [<-Struck out]

    [Struck out->] (b) COMPONENTS- The Assiniboine and Sioux Rural Water System shall consist of-- [<-Struck out]

      [Struck out->] (1) pumping and treatment facilities located along the Missouri River near Poplar, Montana; [<-Struck out]

      [Struck out->] (2) pipelines extending from the Missouri River near Poplar, Montana, throughout the Fort Peck Indian Reservation; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (4) distribution and treatment facilities to serve the needs of the Fort Peck Indian Reservation, including-- [<-Struck out]

        [Struck out->] (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 [<-Struck out]

        [Struck out->] (B) water systems owned by individual tribal members and other residents of the Fort Peck Indian Reservation; [<-Struck out]

      [Struck out->] (5) appurtenant buildings and access roads; [<-Struck out]

      [Struck out->] (6) all property and property rights necessary for the facilities described in this subsection; [<-Struck out]

      [Struck out->] (7) electrical power transmission and distribution facilities necessary for services to Fort Peck Reservation Rural Water System facilities; and [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (c) COOPERATIVE AGREEMENT- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (A) the responsibilities of each party to the agreement for-- [<-Struck out]

          [Struck out->] (i) needs assessment, feasibility, and environmental studies; [<-Struck out]

          [Struck out->] (ii) engineering and design; [<-Struck out]

          [Struck out->] (iii) construction; [<-Struck out]

          [Struck out->] (iv) water conservation measures; and [<-Struck out]

          [Struck out->] (v) administration of contracts relating to performance of the activities described in clauses (i) through (iv); [<-Struck out]

        [Struck out->] (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 [<-Struck out]

        [Struck out->] (C) the rights, responsibilities, and liabilities of each party to the agreement. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (4) TERMINATION- The Secretary may terminate a cooperative agreement under paragraph (1) if the Secretary determines that-- [<-Struck out]

        [Struck out->] (A) the quality of construction does not meet all standards established for similar facilities constructed by the Secretary; or [<-Struck out]

        [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (g) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS- The Secretary shall not obligate funds for construction of the Assiniboine and Sioux Rural Water System until-- [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (2) on or after the date that is 90 days after the date of submission of a final engineering report to Congress; and [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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.). [<-Struck out]

[Struck out->] SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM. [<-Struck out]

    [Struck out->] (a) PLANNING AND CONSTRUCTION- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) USE OF FEDERAL FUNDS- [<-Struck out]

        [Struck out->] (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. [<-Struck out]

        [Struck out->] (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). [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (1) storage, pumping, interconnection, and pipeline facilities; [<-Struck out]

      [Struck out->] (2) appurtenant buildings and access roads; [<-Struck out]

      [Struck out->] (3) all property and property rights necessary for the facilities described in this subsection; [<-Struck out]

      [Struck out->] (4) electrical power transmission and distribution facilities necessary for service to Dry Prairie Rural Water System facilities; [<-Struck out]

      [Struck out->] (5) planning and design services for all facilities; and [<-Struck out]

      [Struck out->] (6) other facilities and services customary to the development of rural water distribution systems in the State, including supplemental water intake, pumping, and treatment facilities. [<-Struck out]

    [Struck out->] (c) COOPERATIVE AGREEMENT- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (A) the responsibilities of each party to the agreement for-- [<-Struck out]

          [Struck out->] (i) needs assessment, feasibility, and environmental studies; [<-Struck out]

          [Struck out->] (ii) engineering and design; [<-Struck out]

          [Struck out->] (iii) construction; [<-Struck out]

          [Struck out->] (iv) water conservation measures; and [<-Struck out]

          [Struck out->] (v) administration of contracts relating to performance of the activities described in clauses (i) through (iv); [<-Struck out]

        [Struck out->] (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 [<-Struck out]

        [Struck out->] (C) the rights, responsibilities, and liabilities of each party to the agreement. [<-Struck out]

    [Struck out->] (d) SERVICE AREA- [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (A) north of the Missouri River; [<-Struck out]

        [Struck out->] (B) south of the border between the United States and Canada; [<-Struck out]

        [Struck out->] (C) west of the border between the States of North Dakota and Montana; and [<-Struck out]

        [Struck out->] (D) east of the western line of range 39 east. [<-Struck out]

      [Struck out->] (2) FORT PECK INDIAN RESERVATION- The service area shall not include the area inside the Fort Peck Indian Reservation. [<-Struck out]

    [Struck out->] (e) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS- The Secretary shall not obligate funds for construction of the Dry Prairie Rural Water System until-- [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (2) on or after the date that is 90 days after the date of submission of a final engineering report to Congress; and [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (f) INTERCONNECTION OF FACILITIES- [<-Struck out]

      [Struck out->] (1) IN GENERAL- The Secretary shall-- [<-Struck out]

        [Struck out->] (A) interconnect the Dry Prairie Rural Water System with the Assiniboine and Sioux Rural Water System; and [<-Struck out]

        [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) CHARGES- The Secretary shall not charge for the corpus of the water delivered. [<-Struck out]

    [Struck out->] (g) LIMITATION ON USE OF FEDERAL FUNDS- [<-Struck out]

      [Struck out->] (1) IN GENERAL- The operation and maintenance 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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 6. USE OF PICK-SLOAN POWER. [<-Struck out]

    [Struck out->] (a) IN GENERAL- The Fort Peck Reservation Rural Water System shall use power from the Pick-Sloan Eastern Division to start up and operate the Assiniboine and Sioux Rural Water System and the Dry Prairie Rural Water System. [<-Struck out]

    [Struck out->] (b) RESERVATION OF POWER- [<-Struck out]

      [Struck out->] (1) IRRIGATION SEASON- During the irrigation season, Pick-Sloan Eastern Division power identified for future project use pumping shall be reserved for and made available for the purpose authorized by subsection (a). [<-Struck out]

      [Struck out->] (2) NONIRRIGATION SEASON- During the nonirrigation season, Pick-Sloan Eastern Division preference power shall used to the extent that the power is available. [<-Struck out]

    [Struck out->] (c) RATE- The rate for project use power made available under subsection (b) shall be-- [<-Struck out]

      [Struck out->] (1) during the irrigation season, the project use pumping power rate; and [<-Struck out]

      [Struck out->] (2) during the non-irrigation season, the wholesale firm power rate. [<-Struck out]

    [Struck out->] (d) ADDITIONAL POWER- If power in addition to that made available under subsection (b) is required to meet the pumping requirements of the service area of the Fort Peck Reservation Rural Water System described in sections 4 and 5, 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. [<-Struck out]

    [Struck out->] (e) RECOVERY OF EXPENSES- [<-Struck out]

      [Struck out->] (1) ASSINIBOINE AND SIOUX RURAL WATER SYSTEM- In the case of the Assiniboine and Sioux Rural Water System, expenses associated with power purchases under subsections (a) and (d) shall be recovered through a separate power charge, sufficient to cover expenses, applied to the Assiniboine and Sioux Rural Water System’s operation and maintenance cost. [<-Struck out]

      [Struck out->] (2) DRY PRAIRIE RURAL WATER SYSTEM- In the case of the Dry Prairie Rural Water System, expenses associated with power purchases under subsections (a) and (d) shall be recovered through a separate power charge, sufficient to cover expenses, to be paid fully by the Dry Prairie Rural Water System. [<-Struck out]

[Struck out->] SEC. 7. WATER CONSERVATION PLAN. [<-Struck out]

    [Struck out->] (a) IN GENERAL- The Fort Peck tribes and Dry Prairie Rural Water Association Incorporated shall develop a water conservation plan containing-- [<-Struck out]

      [Struck out->] (1) a description of water conservation objectives; [<-Struck out]

      [Struck out->] (2) a description of appropriate water conservation measures; and [<-Struck out]

      [Struck out->] (3) a time schedule for implementing the measures and this Act to meet the water conservation objectives. [<-Struck out]

    [Struck out->] (b) PURPOSE- The water conservation plan under subsection (a) shall be designed to ensure that users of water from the Assiniboine and Sioux Rural Water System and the Dry Prairie Rural Water System will use the best practicable technology and management techniques to conserve water. [<-Struck out]

    [Struck out->] (c) PUBLIC PARTICIPATION- Section 210(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) shall apply to an activity authorized under this Act. [<-Struck out]

[Struck out->] SEC. 8. WATER RIGHTS. [<-Struck out]

    [Struck out->] This Act does not-- [<-Struck out]

      [Struck out->] (1) impair the validity of or preempt any provision of State water law or any interstate compact governing water; [<-Struck out]

      [Struck out->] (2) alter the right of any State to any appropriated share of the water 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; [<-Struck out]

      [Struck out->] (3) preempt or modify any Federal or State law or interstate compact concerning water quality or disposal; [<-Struck out]

      [Struck out->] (4) confer on any non-Federal entity the authority to exercise any Federal right to the water of any stream or to any ground water resource; [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (6) validate or invalidate any assertion of the existence, nonexistence, or extinguishment of any water right held or Indian water compact entered into by the Fort Peck tribes or by any other Indian tribe or individual Indian under Federal or State law. [<-Struck out]

[Struck out->] SEC. 9. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] (a) FORT PECK RESERVATION RURAL WATER SYSTEM- There are authorized to be appropriated-- [<-Struck out]

      [Struck out->] (1) over a period of 5 fiscal years, $103,000,000 for the planning, design, and construction of the Assiniboine and Sioux Rural Water System; and [<-Struck out]

      [Struck out->] (2) such sums as are necessary for the operation and maintenance of the Assiniboine and Sioux Rural Water System, including power costs of the Western Area Power Administration. [<-Struck out]

    [Struck out->] (b) DRY PRAIRIE RURAL WATER SYSTEM- There is authorized to be appropriated $60,000,000 for the planning, design, and construction of the Dry Prairie Rural Water System. [<-Struck out]

    [Struck out->] (c) COST INDEXING- 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 January 1, 1996, as indicated by engineering cost indices applicable for the type of construction involved. [<-Struck out]

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 delivered.

    (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 River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping, treatment, and incidental operational requirements of the Dry Prairie Rural Water

System and Assiniboine and Sioux Rural Water System, as described in sections 4 and 5.

    (b) CONDITIONS- The capacity and energy described in subsection (a) shall be made available on the following conditions:

      (1) The Dry Prairie Rural Water System and Assiniboine and Sioux Rural Water Systems shall be operated on a not-for-profit basis.

      (2) The Dry Prairie Rural Water System and Assiniboine and Sioux Rural Water System shall contract to purchase their entire electric service requirements, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that purchases power from the Western Area Power Administration.

      (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the wholesale firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration.

      (4) It shall be agreed by contract among--

        (A) the Western Area Power Administration;

        (B) the power supplier with which the water Dry Prairie Rural Water System and Assiniboine and Sioux Rural Water System contract under paragraph (2);

        (C) the power supplier of the entity described in subparagraph (B);

        (D) the Dry Prairie Rural Water Association, Inc.; and

        (E) the Fort Peck Tribes;

      that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the Dry Prairie Rural Water System and Assiniboine and Sioux Rural Water System, except that the power supplier of the Dry Prairie Rural Water System and Assiniboine and Sioux Rural Water System shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier.

    (c) ADDITIONAL POWER- If power in addition to that made available under subsection (a) is required to meet the pumping requirements of the service area of the Fort Peck Reservation Rural Water System described in sections 4 and 5, 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.

    (d) RECOVERY OF EXPENSES-

      (1) ASSINIBOINE AND SIOUX RURAL WATER SYSTEM- In the case of the Assiniboine and Sioux Rural Water System, expenses associated with power purchases under subsection (a) shall be recovered through a separate power charge, sufficient to cover expenses, applied to the Assiniboine and Sioux Rural Water System’s operation and maintenance cost.

      (2) DRY PRAIRIE RURAL WATER SYSTEM- In the case of the Dry Prairie Rural Water System, expenses associated with power purchases under subsections (a) shall be recovered through a separate power charge, sufficient to cover expenses, to be paid fully by the Dry Prairie Rural Water Association, Inc.

SEC. 7. WATER CONSERVATION PLAN.

    (a) IN GENERAL- The Fort Peck Tribes and Dry Prairie Rural Water Association Incorporated shall develop a water conservation plan containing--

      (1) a description of water conservation objectives;

      (2) a description of appropriate water conservation measures; and

      (3) a time schedule for implementing the measures and this Act to meet the water conservation objectives.

    (b) PURPOSE- The water conservation plan under subsection (a) shall be designed to ensure that users of water from the Assiniboine and Sioux Rural Water System and the Dry Prairie Rural Water System will use the best practicable technology and management techniques to conserve water.

    (c) PUBLIC PARTICIPATION- Section 210(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) shall apply to an activity authorized under this Act.

SEC. 8. 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 water 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 water 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 held or Indian water compact entered into by the Fort Peck Tribes or by any other Indian tribe or individual Indian under Federal or State law.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) ASSINIBOINE AND SIOUX RURAL WATER SYSTEM- There are authorized to be appropriated--

      (1) over a period of 10 fiscal years, $124,000,000 for the planning, design, and construction of the Assiniboine and Sioux Rural Water System in accordance with subsections (b), (d), and (e) of section 4; and

      (2) such sums as are necessary for the operation, maintenance, and replacement of the Assiniboine and Sioux Rural Water System, including power costs of the Western Area Power Administration.

    (b) DRY PRAIRIE RURAL WATER SYSTEM- There is authorized to be appropriated, over a period of 10 fiscal years, $51,000,000 for the planning, design, and construction of the Dry Prairie Rural Water System.

    (c) COST INDEXING- 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, 1998, as indicated by engineering cost indices applicable for the type of construction involved.