104TH CONGRESS

2D SESSION S. 1467

AMENDMENT
In the House of Representatives, U. S.,

September 4, 1996.

Resolved, That the bill from the Senate (S. 1467) entitled ‘‘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’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause, and insert:
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Fort Peck Rural County

3 Water Supply System Act of 1996’’.

4 SEC. 2. DEFINITIONS.

5 For the purposes of this Act:

6 (1) CONSTRUCTION.—The term ‘‘construction’’

7 means such activities associated with the actual devel8 opment or construction of facilities as are initiated

9 on execution of contracts for construction.

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

11 Fort Peck Rural County Water District, Inc., a non12 profit corporation in Montana.

13 (3) FEASIBILITY STUDY.—The term ‘‘feasibility

14 study’’ means the study entitled ‘‘Final Engineering

15 Report and Alternative Evaluation for the Fort Peck

16 Rural County Water District’’, dated September 1994.

17 (4) PLANNING.—The term ‘‘planning’’ means ac18 tivities such as data collection, evaluation, design,

19 and other associated preconstruction activities re20 quired prior to the execution of contracts for construc21 tion.

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

23 the Secretary of the Interior.

24 (6) WATER SUPPLY SYSTEM.—The term ‘‘water

25 supply system’’ means the Fort Peck Rural County
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1 Water Supply System, to be established and operated

2 substantially in accordance with the feasibility study.

3 SEC. 3. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

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

5 Secretary shall enter into a cooperative agreement with the

6 District for the planning, design, and construction by the

7 District of the water supply system. Title to this project

8 shall remain in the name of the District.

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

10 provide for safe and adequate rural water supplies under

11 the jurisdiction of the District in Valley County, north12 eastern Montana (as described in the feasibility study).

13 (c) AMOUNT OF FEDERAL CONTRIBUTION.—

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

15 under the cooperative agreement, the Secretary shall

16 pay the Federal share of—

17 (A) costs associated with the planning, de18 sign, and construction of the water supply sys19 tem (as identified in the feasibility study); and

20 (B) such sums as are necessary to defray

21 increases in the budget.

22 (2) FEDERAL SHARE.—The Federal share re23 ferred to in paragraph (1) shall be 75 percent and

24 shall not be reimbursable.
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1 (3) TOTAL.—The amount of Federal funds made

2 available under the cooperative agreement shall not

3 exceed the amount of funds authorized to be appro4 priated under section 4.

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

6 the amount of Federal funds made available to the

7 Secretary under section 4 may be used by the Sec8 retary for activities associated with—

9 (A) compliance with the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et

11 seq.); and

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

13 construction by the District of the water supply

14 system.

15 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated to carry out

17 this Act $5,800,000. This authorization shall terminate

18 after a period of 5 complete fiscal years after the date of

19 enactment of this Act unless the Congress has appropriated

20 funds for the construction purposes of this Act. This author21 ization shall be extended 1 additional year if the Secretary

22 has requested such appropriation. The funds authorized to

23 be appropriated may be increased or decreased by such

24 amounts as are justified by reason of ordinary fluctuations

25 in development costs incurred after October 1, 1994, as in-
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1 dicated by engineering cost indices applicable to the type

2 of construction project authorized under this Act. All costs

3 which exceed the amounts authorized by this Act, including

4 costs associated with the ongoing energy needs, operation,

5 and maintenance of this project shall remain the respon6 sibility of the District.

7 SEC. 5. CACHUMA PROJECT, BRADBURY DAM, CALIFORNIA.

8 The prohibition against obligating funds for construc9 tion until 60 days from the date that the Secretary of the

10 Interior transmits a report to the Congress in accordance

11 with section 5 of the Reclamation Safety of the Reclamation

12 Safety of Dams Act of 1978 (43 U.S.C. 509) is waived for

13 the Cachuma Project, Bradbury Dam, California.

Attest:

Clerk.