S. 1467

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To authorize the construction of the Fort Peck Rural County Water Supply System,

to authorize assistance to the Fort Peck Rural County Water District, Inc., a

nonprofit corporation, for the planning, design, and construction of the water

supply system, 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 Rural County Water

Supply System Act of 1996’’.

SEC. 2. DEFINITIONS.

For the purposes of this Act:

(1) CONSTRUCTION.—The term ‘‘construction’’ means such

activities associated with the actual development or construction of facilities as are initiated on execution of contracts for

construction.

(2) DISTRICT.—The term ‘‘District’’ means the Fort Peck

Rural County Water District, Inc., a nonprofit corporation in

Montana.

(3) FEASIBILITY STUDY.—The term ‘‘feasibility study’’ means

the study entitled ‘‘Final Engineering Report and Alternative

Evaluation for the Fort Peck Rural County Water District’’,

dated September 1994.

(4) PLANNING.—The term ‘‘planning’’ means activities such

as data collection, evaluation, design, and other associated

preconstruction activities required prior to the execution of

contracts for construction.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(6) WATER SUPPLY SYSTEM.—The term ‘‘water supply system’’ means the Fort Peck Rural County Water Supply System,

to be established and operated substantially in accordance with

the feasibility study.

SEC. 3. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

(a) IN GENERAL.—Upon request of the District, the Secretary

shall enter into a cooperative agreement with the District for the

planning, design, and construction by the District of the water

supply system. Title to this project shall remain in the name of

the District.

(b) SERVICE AREA.—The water supply system shall provide

for safe and adequate rural water supplies under the jurisdiction
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of the District in Valley County, northeastern Montana (as described

in the feasibility study).

(c) AMOUNT OF FEDERAL CONTRIBUTION.—

(1) IN GENERAL.—Subject to paragraph (3), under the

cooperative agreement, the Secretary shall pay the Federal

share of—

(A) costs associated with the planning, design, and

construction of the water supply system (as identified in

the feasibility study); and

(B) such sums as are necessary to defray increases

in the budget.

(2) FEDERAL SHARE.—The Federal share referred to in paragraph (1) shall be 75 percent and shall not be reimbursable.

(3) TOTAL.—The amount of Federal funds made available

under the cooperative agreement shall not exceed the amount

of funds authorized to be appropriated under section 4.

(4) LIMITATIONS.—Not more than 5 percent of the amount

of Federal funds made available to the Secretary under section

4 may be used by the Secretary for activities associated with—

(A) compliance with the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.); and

(B) oversight of the planning, design, and construction

by the District of the water supply system.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act $5,800,000. This authorization shall terminate after a period of

5 complete fiscal years after the date of enactment of this Act

unless the Congress has appropriated funds for the construction

purposes of this Act. This authorization shall be extended 1 additional year if the Secretary has requested such appropriation. 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, 1994, as indicated

by engineering cost indices applicable to the type of construction

project authorized under this Act. All costs which exceed the

amounts authorized by this Act, including costs associated with

the ongoing energy needs, operation, and maintenance of this project

shall remain the responsibility of the District.
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SEC. 5. CACHUMA PROJECT, BRADBURY DAM, CALIFORNIA.

The prohibition against obligating funds for construction until

60 days from the date that the Secretary of the Interior transmits

a report to the Congress in accordance with section 5 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509) is waived

for the Cachuma Project, Bradbury Dam, California.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.