PUBLIC LAW 106–382—OCT. 27, 2000 114 STAT. 1451

Public Law 106–382

106th Congress

An Act

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 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 PickSloan 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)).

Fort Peck

Reservation

Rural Water

System Act of

2000.

Oct. 27, 2000

[S. 624]

114 STAT. 1452 PUBLIC LAW 106–382—OCT. 27, 2000

(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);

PUBLIC LAW 106–382—OCT. 27, 2000 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 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

Publication.

Deadline.

Reports.

114 STAT. 1454 PUBLIC LAW 106–382—OCT. 27, 2000

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

PUBLIC LAW 106–382—OCT. 27, 2000 114 STAT. 1455

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.—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.

Publication.

Deadline.

Reports.

114 STAT. 1456 PUBLIC LAW 106–382—OCT. 27, 2000

(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

PUBLIC LAW 106–382—OCT. 27, 2000 114 STAT. 1457

(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.

(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.

Applicability.

114 STAT. 1458 PUBLIC LAW 106–382—OCT. 27, 2000

LEGISLATIVE HISTORY—S. 624 (H.R. 1124):

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.

Æ

(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.