[106th Congress Public Law 382]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ382.106]
[[Page 114 STAT. 1451]]
Public Law 106-382
106th Congress
An Act
To authorize construction of the <<NOTE: Oct. 27, 2000 - [S.
624]>> 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 <<NOTE: Fort Peck Reservation Rural Water
System Act of 2000.>> 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)).
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(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);
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(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 <<NOTE: Deadline. Reports.>> 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 <<NOTE: Publication.>> 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 <<NOTE: Deadline. Reports.>> 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 <<NOTE: Publication.>> 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.
(b) Qualification To Use Pick-Sloan Power.--For as long as the Fort
Peck Reservation rural water supply system operates on a not-for-profit
basis, the portions of the water supply project constructed with
assistance under this Act shall be eligible to receive firm power from
the Pick-Sloan Missouri Basin program established by section 9 of the
Act of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known as
the Flood Control Act of 1944.
(c) Recovery of Expenses.--
(1) Assiniboine and sioux rural water system.--In the case
of the Assiniboine and Sioux Rural Water System, the Western
Area Power Administration shall recover expenses associated with
power purchases under subsection (a) through a separate power
charge sufficient to cover such expenses. Such charge shall be
paid fully through the annual appropriations to the Bureau of
Indian Affairs.
(2) Dry prairie rural water system.--In the case of the Dry
Prairie Rural Water System, the Western Area Power
Administration shall recover expenses associated with power
purchases under subsection (a) through a separate power charge
sufficient to cover expenses. Such charge shall be paid fully by
the Dry Prairie Rural Water System.
(d) Additional Power.--If power in addition to that made available
under subsection (a) is required to meet the pumping requirements of the
Fort Peck Reservation Rural Water System, the Administrator of the
Western Area Power Administration may purchase the necessary additional
power at the best available rate. The costs of such purchases shall be
reimbursed to the Administrator according to the terms identified in
subsection (c).
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 <<NOTE: Applicability.>> 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.
(a) In General.--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.
(b) Offset Against Claims.--Any funds received by the Fort Peck
Tribes pursuant to this Act shall be used to offset any claims for money
damages against the United States by the Fort Peck Tribes, existing on
the date of the enactment of this Act, for water rights 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), or
other law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Assiniboine and Sioux Rural Water System.--There are authorized
to be appropriated--
(1) to the Bureau of Reclamation over a period of 10 fiscal
years, $124,000,000 for the planning, design, and construction
of the Assiniboine and Sioux Rural Water System; and
(2) to the Bureau of Indian Affairs such sums as are
necessary for the operation and maintenance of the Assiniboine
and Sioux Rural Water System.
(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.
Approved October 27, 2000.
LEGISLATIVE HISTORY--S. 624 (H.R. 1124):
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HOUSE REPORTS: Nos. 106-823 and 106-824 accompanying H.R. 1124 (both
from Comm. on Resources).
SENATE REPORTS: No. 106-198 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Nov. 19, considered and passed
Senate.
Vol. 146 (2000):
Sept. 12, considered and passed
House, amended.
Oct. 13, Senate concurred in House
amendment.
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