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[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)).

[[Page 114 STAT. 1452]]

            (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);

[[Page 114 STAT. 1453]]

                    (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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