Calendar No. 335

106TH CONGRESS

1ST SESSION S. 624

[Report No. 106–198]

A BILL

To authorize construction of the Fort Peck Reservation Rural Water System in the State of

Montana, and for other purposes.

OCTOBER 20, 1999

Reported with an amendment
II

Calendar No. 335

106TH CONGRESS

1ST SESSION S. 624

[Report No. 106–198]

To authorize construction of the Fort Peck Reservation Rural Water System

in the State of Montana, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 16, 1999

Mr. BURNS (for himself and Mr. BAUCUS) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

OCTOBER 20, 1999

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To authorize construction of the Fort Peck Reservation

Rural Water System in the State of Montana, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fort Peck Reservation

5 Rural Water System Act of 1999’’.
2

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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) there are insufficient water supplies avail4 able to residents of the Fort Peck Indian Reserva5 tion in the State of Montana, and the water systems

6 that are available do not meet minimum health and

7 safety standards and therefore pose a threat to pub8 lic health and safety;

9 (2) the United States has a trust responsibility

10 to ensure that adequate and safe water supplies are

11 available to meet the economic, environmental, water

12 supply, and public health needs of the Fort Peck In13 dian Reservation; and

14 (3) the best available, reliable, and safe rural

15 and municipal water supply to serve the needs of the

16 Fort Peck Indian Reservation is the Missouri River.

17 (b) PURPOSES.—The purposes of this Act are—

18 (1) to ensure a safe and adequate municipal,

19 rural, and industrial water supply for the residents

20 of the Fort Peck Indian Reservation in the State of

21 Montana; and

22 (2) to assist the citizens of Roosevelt, Sheridan,

23 Daniels, and Valley Counties in the State, outside

24 the Fort Peck Indian Reservation, in developing safe

25 and adequate municipal, rural, and industrial water

26 supplies.
3

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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) ASSINIBOINE AND SIOUX RURAL WATER

4 SYSTEM.—The term ‘‘Assiniboine and Sioux Rural

5 Water System’’ means the rural water system within

6 the Fort Peck Indian Reservation authorized by sec7 tion 4.

8 (2) DRY PRAIRIE RURAL WATER SYSTEM.—The

9 term ‘‘Dry Prairie Rural Water System’’ means the

10 rural water system authorized by section 5 in the

11 Roosevelt, Sheridan, Daniels, and Valley Counties of

12 the State.

13 (3) FORT PECK RESERVATION RURAL WATER

14 SYSTEM.—The term ‘‘Fort Peck Reservation Rural

15 Water System’’ means the Assiniboine and Sioux

16 Rural Water System and the Dry Prairie Rural

17 Water System.

18 (4) FORT PECK TRIBES.—The term ‘‘Fort Peck

19 tribes’’ means the Assiniboine and Sioux Indian

20 Tribes within the Fort Peck Indian Reservation.

21 (5) PICK-SLOAN.—The term ‘‘Pick-Sloan’’

22 means the Pick-Sloan Missouri River Basin Program

23 (authorized by section 9 of the Act entitled ‘‘An Act

24 authorizing the construction of certain public works

25 on rivers and harbors for flood control, and for other

26 purposes’’, approved December 22, 1944 (commonly
4

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1 known as the ‘‘Flood Control Act of 1944’’) (58

2 Stat. 891)).

3 (6) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior.

5 (7) STATE.—The term ‘‘State’’ means the State

6 of Montana.

7 SEC. 4. ASSINIBOINE AND SIOUX RURAL WATER SYSTEM.

8 (a) AUTHORIZATION.—The Secretary shall plan, de9 sign, construct, operate, maintain, and replace a munic10 ipal, rural, and industrial water system, to be known as

11 the ‘‘Assiniboine and Sioux Rural Water System’’, as gen12 erally described in the report entitled ‘‘Technical Report

13 for the Fort Peck Reservation Rural Water System’’ and

14 dated May 1996, as finalized by the report required by

15 subsection (g)(2).

16 (b) COMPONENTS.—The Assiniboine and Sioux Rural

17 Water System shall consist of—

18 (1) pumping and treatment facilities located

19 along the Missouri River near Poplar, Montana;

20 (2) pipelines extending from the Missouri River

21 near Poplar, Montana, throughout the Fort Peck In22 dian Reservation;

23 (3) facilities to allow for future interconnections

24 to areas outside the Fort Peck Indian Reservation,
5

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1 including the communities within the service area of

2 the Dry Prairie Rural Water System;

3 (4) distribution and treatment facilities to serve

4 the needs of the Fort Peck Indian Reservation,

5 including—

6 (A) public water systems in existence on

7 the date of enactment of this Act that may be

8 purchased, improved, and repaired in accord9 ance with the cooperative agreement entered

10 into under subsection (c); and

11 (B) water systems owned by individual

12 tribal members and other residents of the Fort

13 Peck Indian Reservation;

14 (5) appurtenant buildings and access roads;

15 (6) all property and property rights necessary

16 for the facilities described in this subsection;

17 (7) electrical power transmission and distribu18 tion facilities necessary for services to Fort Peck

19 Reservation Rural Water System facilities; and

20 (8) such other pipelines, pumping plants, and

21 facilities as the Secretary determines to be appro22 priate to meet the water supply, economic, public

23 health, and environmental needs of the Fort Peck

24 Indian Reservation, including water storage tanks,

25 water lines, and other facilities for the Fort Peck
6

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1 tribes and the villages, towns, and municipalities in

2 the Fort Peck Indian Reservation.

3 (c) COOPERATIVE AGREEMENT.—

4 (1) IN GENERAL.—The Secretary shall enter

5 into a cooperative agreement with the Fort Peck

6 Tribal Executive Board for planning, designing, con7 structing, operating, maintaining, and replacing the

8 Assiniboine and Sioux Rural Water System.

9 (2) MANDATORY PROVISIONS.—The cooperative

10 agreement under paragraph (1) shall specify, in a

11 manner that is acceptable to the Secretary and the

12 Fort Peck Tribal Executive Board—

13 (A) the responsibilities of each party to the

14 agreement for—

15 (i) needs assessment, feasibility, and

16 environmental studies;

17 (ii) engineering and design;

18 (iii) construction;

19 (iv) water conservation measures; and

20 (v) administration of contracts relat21 ing to performance of the activities de22 scribed in clauses (i) through (iv);

23 (B) the procedures and requirements for

24 approval and acceptance of the design and con-
7

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1 struction and for carrying out other activities

2 described in subparagraph (A); and

3 (C) the rights, responsibilities, and liabil4 ities of each party to the agreement.

5 (3) OPTIONAL PROVISIONS.—The cooperative

6 agreement under paragraph (1) may include provi7 sions relating to the purchase, improvement, and re8 pair of water systems in existence on the date of en9 actment of this Act, including systems owned by in10 dividual tribal members and other residents of the

11 Fort Peck Indian Reservation.

12 (4) TERMINATION.—The Secretary may termi13 nate a cooperative agreement under paragraph (1) if

14 the Secretary determines that—

15 (A) the quality of construction does not

16 meet all standards established for similar facili17 ties constructed by the Secretary; or

18 (B) the operation and maintenance of the

19 Assiniboine and Sioux Rural Water System

20 does not meet conditions acceptable to the Sec21 retary that are adequate to fulfill the obliga22 tions of the United States to the Fort Peck

23 tribes.

24 (5) TRANSFER.—On execution of a cooperative

25 agreement under paragraph (1), in accordance with
8

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1 the cooperative agreement, the Secretary may trans2 fer to the Fort Peck tribes, on a nonreimbursable

3 basis, funds made available for the Assiniboine and

4 Sioux Rural Water System under section 9.

5 (d) SERVICE AREA.—The service area of the Assini6 boine and Sioux Rural Water System shall be the area

7 within the boundaries of the Fort Peck Indian Reserva8 tion.

9 (e) CONSTRUCTION REQUIREMENTS.—The compo10 nents of the Assiniboine and Sioux Rural Water System

11 shall be planned and constructed to a size that is sufficient

12 to meet the municipal, rural, and industrial water supply

13 requirements of the service area of the Fort Peck Reserva14 tion Rural Water System.

15 (f) TITLE TO ASSINIBOINE AND SIOUX RURAL

16 WATER SYSTEM.—Title to the Assiniboine and Sioux

17 Rural Water System shall be held in trust by the United

18 States for the Fort Peck tribes and shall not be trans19 ferred unless a transfer is authorized by an Act of Con20 gress enacted after the date of enactment of this Act.

21 (g) LIMITATION ON AVAILABILITY OF CONSTRUC22 TION FUNDS.—The Secretary shall not obligate funds for

23 construction of the Assiniboine and Sioux Rural Water

24 System until—
9

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1 (1) the requirements of the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

3 are met with respect to the Assiniboine and Sioux

4 Rural Water System;

5 (2) on or after the date that is 90 days after

6 the date of submission of a final engineering report

7 to Congress; and

8 (3) the Secretary publishes a written finding

9 that the water conservation plan developed under

10 section 7 includes prudent and reasonable water con11 servation measures for the operation of the Assini12 boine and Sioux Rural Water System that have been

13 shown to be economically and financially feasible.

14 (h) TECHNICAL ASSISTANCE.—The Secretary shall

15 provide such technical assistance as is necessary to enable

16 the Fort Peck tribes to plan, design, construct, operate,

17 maintain, and replace the Assiniboine and Sioux Rural

18 Water System, including operation and management

19 training.

20 (i) APPLICATION OF INDIAN SELF-DETERMINATION

21 ACT.—Planning, design, construction, operation, mainte22 nance, and replacement of the Assiniboine and Sioux

23 Rural Water System within the Fort Peck Indian Reserva24 tion shall be subject to the Indian Self-Determination and

25 Education Assistance Act (25 U.S.C. 450 et seq.).
10

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1 SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM.

2 (a) PLANNING AND CONSTRUCTION.—

3 (1) AUTHORIZATION.—The Secretary shall

4 enter into a cooperative agreement with Dry Prairie

5 Rural Water Association Incorporated (or any suc6 cessor non-Federal entity) to provide Federal funds

7 for the planning, design, and construction of the Dry

8 Prairie Rural Water System in Roosevelt, Sheridan,

9 Daniels, and Valley Counties, Montana, outside the

10 Fort Peck Indian Reservation.

11 (2) USE OF FEDERAL FUNDS.—

12 (A) FEDERAL SHARE.—The Federal share

13 of the cost of planning, design, and construction

14 of the Dry Prairie Rural Water System shall be

15 not more than 76 percent.

16 (B) COOPERATIVE AGREEMENTS.—Federal

17 funds made available to carry out this section

18 may be obligated and expended only through a

19 cooperative agreement entered into under sub20 section (c).

21 (b) COMPONENTS.—The components of the Dry Prai22 rie Rural Water System facilities on which Federal funds

23 may be obligated and expended under this section shall

24 include—

25 (1) storage, pumping, interconnection, and

26 pipeline facilities;
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1 (2) appurtenant buildings and access roads;

2 (3) all property and property rights necessary

3 for the facilities described in this subsection;

4 (4) electrical power transmission and distribu5 tion facilities necessary for service to Dry Prairie

6 Rural Water System facilities;

7 (5) planning and design services for all facili8 ties; and

9 (6) other facilities and services customary to

10 the development of rural water distribution systems

11 in the State, including supplemental water intake,

12 pumping, and treatment facilities.

13 (c) COOPERATIVE AGREEMENT.—

14 (1) IN GENERAL.—The Secretary, with the con15 currence of the Assiniboine and Sioux Rural Water

16 System Board, shall enter into a cooperative agree17 ment with Dry Prairie Rural Water Association In18 corporated to provide Federal assistance for the

19 planning, design, and construction of the Dry Prai20 rie Rural Water System.

21 (2) MANDATORY PROVISIONS.—The cooperative

22 agreement under paragraph (1) shall specify, in a

23 manner that is acceptable to the Secretary and Dry

24 Prairie Rural Water Association Incorporated—
12

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1 (A) the responsibilities of each party to the

2 agreement for—

3 (i) needs assessment, feasibility, and

4 environmental studies;

5 (ii) engineering and design;

6 (iii) construction;

7 (iv) water conservation measures; and

8 (v) administration of contracts relat9 ing to performance of the activities de10 scribed in clauses (i) through (iv);

11 (B) the procedures and requirements for

12 approval and acceptance of the design and con13 struction and for carrying out other activities

14 described in subparagraph (A); and

15 (C) the rights, responsibilities, and liabil16 ities of each party to the agreement.

17 (d) SERVICE AREA.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), the service area of the Dry Prairie Rural

20 Water System shall be the area in the State—

21 (A) north of the Missouri River;

22 (B) south of the border between the

23 United States and Canada;

24 (C) west of the border between the States

25 of North Dakota and Montana; and
13

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1 (D) east of the western line of range 39

2 east.

3 (2) FORT PECK INDIAN RESERVATION.—The

4 service area shall not include the area inside the

5 Fort Peck Indian Reservation.

6 (e) LIMITATION ON AVAILABILITY OF CONSTRUCTION

7 FUNDS.—The Secretary shall not obligate funds for con8 struction of the Dry Prairie Rural Water System until—

9 (1) the requirements of the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

11 are met with respect to the Dry Prairie Rural Water

12 System;

13 (2) on or after the date that is 90 days after

14 the date of submission of a final engineering report

15 to Congress; and

16 (3) the Secretary publishes a written finding

17 that the water conservation plan developed under

18 section 7 includes prudent and reasonable water con19 servation measures for the operation of the Dry

20 Prairie Rural Water System that have been shown

21 to be economically and financially feasible.

22 (f) INTERCONNECTION OF FACILITIES.—

23 (1) IN GENERAL.—The Secretary shall—
14

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1 (A) interconnect the Dry Prairie Rural

2 Water System with the Assiniboine and Sioux

3 Rural Water System; and

4 (B) provide for the delivery of water to the

5 Dry Prairie Rural Water System from the Mis6 souri River through the Assiniboine and Sioux

7 Rural Water System.

8 (2) CHARGES.—The Secretary shall not charge

9 for the corpus of the water delivered.

10 (g) LIMITATION ON USE OF FEDERAL FUNDS.—

11 (1) IN GENERAL.—The operation and mainte12 nance expenses associated with water deliveries from

13 the Assiniboine and Sioux Rural Water System to

14 the Dry Prairie Rural Water System shall not be a

15 Federal responsibility and shall be borne by the Dry

16 Prairie Rural Water System.

17 (2) FEDERAL FUNDS.—The Secretary may not

18 obligate or expend any Federal funds for the oper19 ation, maintenance, or replacement of the Dry Prai20 rie Rural Water System.

21 SEC. 6. USE OF PICK-SLOAN POWER.

22 (a) IN GENERAL.—The Fort Peck Reservation Rural

23 Water System shall use power from the Pick-Sloan East24 ern Division to start up and operate the Assiniboine and
15

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1 Sioux Rural Water System and the Dry Prairie Rural

2 Water System.

3 (b) RESERVATION OF POWER.—

4 (1) IRRIGATION SEASON.—During the irrigation

5 season, Pick-Sloan Eastern Division power identified

6 for future project use pumping shall be reserved for

7 and made available for the purpose authorized by

8 subsection (a).

9 (2) NONIRRIGATION SEASON.—During the non10 irrigation season, Pick-Sloan Eastern Division pref11 erence power shall used to the extent that the power

12 is available.

13 (c) RATE.—The rate for project use power made

14 available under subsection (b) shall be—

15 (1) during the irrigation season, the project use

16 pumping power rate; and

17 (2) during the non-irrigation season, the whole18 sale firm power rate.

19 (d) ADDITIONAL POWER.—If power in addition to

20 that made available under subsection (b) is required to

21 meet the pumping requirements of the service area of the

22 Fort Peck Reservation Rural Water System described in

23 sections 4 and 5, the Administrator of the Western Area

24 Power Administration may purchase the necessary addi-
16

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1 tional power under such terms and conditions as the Ad2 ministrator determines to be appropriate.

3 (e) RECOVERY OF EXPENSES.—

4 (1) ASSINIBOINE AND SIOUX RURAL WATER

5 SYSTEM.—In the case of the Assiniboine and Sioux

6 Rural Water System, expenses associated with power

7 purchases under subsections (a) and (d) shall be re8 covered through a separate power charge, sufficient

9 to cover expenses, applied to the Assiniboine and

10 Sioux Rural Water System’s operation and mainte11 nance cost.

12 (2) DRY PRAIRIE RURAL WATER SYSTEM.—In

13 the case of the Dry Prairie Rural Water System, ex14 penses associated with power purchases under sub15 sections (a) and (d) shall be recovered through a

16 separate power charge, sufficient to cover expenses,

17 to be paid fully by the Dry Prairie Rural Water Sys18 tem.

19 SEC. 7. WATER CONSERVATION PLAN.

20 (a) IN GENERAL.—The Fort Peck tribes and Dry

21 Prairie Rural Water Association Incorporated shall de22 velop a water conservation plan containing—

23 (1) a description of water conservation objec24 tives;
17

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1 (2) a description of appropriate water conserva2 tion measures; and

3 (3) a time schedule for implementing the meas4 ures and this Act to meet the water conservation ob5 jectives.

6 (b) PURPOSE.—The water conservation plan under

7 subsection (a) shall be designed to ensure that users of

8 water from the Assiniboine and Sioux Rural Water System

9 and the Dry Prairie Rural Water System will use the best

10 practicable technology and management techniques to con11 serve water.

12 (c) PUBLIC PARTICIPATION.—Section 210(c) of the

13 Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c))

14 shall apply to an activity authorized under this Act.

15 SEC. 8. WATER RIGHTS.

16 This Act does not—

17 (1) impair the validity of or preempt any provi18 sion of State water law or any interstate compact

19 governing water;

20 (2) alter the right of any State to any appro21 priated share of the water of any body of surface or

22 ground water, whether determined by any past or

23 future interstate compact or by any past or future

24 legislative or final judicial allocation;
18

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1 (3) preempt or modify any Federal or State law

2 or interstate compact concerning water quality or

3 disposal;

4 (4) confer on any non-Federal entity the au5 thority to exercise any Federal right to the water of

6 any stream or to any ground water resource;

7 (5) affect any right of the Fort Peck tribes to

8 water, located within or outside the external bound9 aries of the Fort Peck Indian Reservation, based on

10 a treaty, compact, executive order, agreement, Act of

11 Congress, aboriginal title, the decision in Winters v.

12 United States, 207 U.S. 564 (1908) (commonly

13 known as the ‘‘Winters Doctrine’’), or other law; or

14 (6) validate or invalidate any assertion of the

15 existence, nonexistence, or extinguishment of any

16 water right held or Indian water compact entered

17 into by the Fort Peck tribes or by any other Indian

18 tribe or individual Indian under Federal or State

19 law.

20 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

21 (a) FORT PECK RESERVATION RURAL WATER SYS22 TEM.—There are authorized to be appropriated—

23 (1) over a period of 5 fiscal years,

24 $103,000,000 for the planning, design, and con-
19

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1 struction of the Assiniboine and Sioux Rural Water

2 System; and

3 (2) such sums as are necessary for the oper4 ation and maintenance of the Assiniboine and Sioux

5 Rural Water System, including power costs of the

6 Western Area Power Administration.

7 (b) DRY PRAIRIE RURAL WATER SYSTEM.—There is

8 authorized to be appropriated $60,000,000 for the plan9 ning, design, and construction of the Dry Prairie Rural

10 Water System.

11 (c) COST INDEXING.—The funds authorized to be ap12 propriated may be increased or decreased by such amounts

13 as are justified by reason of ordinary fluctuations in devel14 opment costs incurred after January 1, 1996, as indicated

15 by engineering cost indices applicable for the type of con16 struction involved.

17 SECTION 1. SHORT TITLE.

18 This Act may be cited as the ‘‘Fort Peck Reservation

19 Rural Water System Act of 1999’’.

20 SEC. 2. FINDINGS AND PURPOSES.

21 (a) FINDINGS.—Congress finds that—

22 (1) there are insufficient water supplies available

23 to residents of the Fort Peck Indian Reservation in

24 the State of Montana, and the water systems that are

25 available do not meet minimum health and safety
20

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1 standards and therefore pose a threat to public health

2 and safety;

3 (2) in carrying out its trust responsibility, the

4 United States should ensure that adequate and safe

5 water supplies are available to meet the economic, en6 vironmental, water supply, and public health needs of

7 the Fort Peck Indian Reservation; and

8 (3) the best available, reliable, and safe rural

9 and municipal water supply to serve the needs of the

10 Fort Peck Indian Reservation is the Missouri River.

11 (b) PURPOSES.—The purposes of this Act are—

12 (1) to ensure a safe and adequate municipal,

13 rural, and industrial water supply for the residents

14 of the Fort Peck Indian Reservation in the State of

15 Montana; and

16 (2) to assist the citizens of Roosevelt, Sheridan,

17 Daniels, and Valley Counties in the State, outside the

18 Fort Peck Indian Reservation, in developing safe and

19 adequate municipal, rural, and industrial water sup20 plies.

21 SEC. 3. DEFINITIONS.

22 In this Act:

23 (1) ASSINIBOINE AND SIOUX RURAL WATER SYS24 TEM.—The term ‘‘Assiniboine and Sioux Rural Water
21

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1 System’’ means the rural water system within the

2 Fort Peck Indian Reservation authorized by section 4.

3 (2) DRY PRAIRIE RURAL WATER SYSTEM.—The

4 term ‘‘Dry Prairie Rural Water System’’ means the

5 rural water system authorized by section 5 in the

6 Roosevelt, Sheridan, Daniels, and Valley Counties of

7 the State.

8 (3) FORT PECK RESERVATION RURAL WATER

9 SYSTEM.—The term ‘‘Fort Peck Reservation Rural

10 Water System’’ means the Assiniboine and Sioux

11 Rural Water System and the Dry Prairie Rural

12 Water System.

13 (4) FORT PECK TRIBES.—The term ‘‘Fort Peck

14 Tribes’’ means the Assiniboine and Sioux Indian

15 Tribes within the Fort Peck Indian Reservation.

16 (5) PICK-SLOAN.—The term ‘‘Pick-Sloan’’ means

17 the Pick-Sloan Missouri River Basin Program (au18 thorized by section 9 of the Act entitled ‘‘An Act au19 thorizing the construction of certain public works on

20 rivers and harbors for flood control, and for other

21 purposes’’, approved December 22, 1944 (commonly

22 known as the ‘‘Flood Control Act of 1944’’) (58 Stat.

23 891)).

24 (6) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of the Interior.
22

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1 (7) STATE.—The term ‘‘State’’ means the State

2 of Montana.

3 SEC. 4. ASSINIBOINE AND SIOUX RURAL WATER SYSTEM.

4 (a) AUTHORIZATION.—The Secretary shall plan, de5 sign, construct, operate, maintain, and replace a munic6 ipal, rural, and industrial water system, to be known as

7 the ‘‘Assiniboine and Sioux Rural Water System’’, as gen8 erally described in the report required by subsection (g)(2).

9 (b) COMPONENTS.—The Assiniboine and Sioux Rural

10 Water System shall consist of—

11 (1) pumping and treatment facilities located

12 along the Missouri River within the boundaries of the

13 Fort Peck Indian Reservation;

14 (2) pipelines extending from the water treatment

15 plant throughout the Fort Peck Indian Reservation;

16 (3) distribution and treatment facilities to serve

17 the needs of the Fort Peck Indian Reservation,

18 including—

19 (A) public water systems in existence on the

20 date of enactment of this Act that may be pur21 chased, improved, and repaired in accordance

22 with the cooperative agreement entered into

23 under subsection (c); and
23

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1 (B) water systems owned by individual

2 tribal members and other residents of the Fort

3 Peck Indian Reservation;

4 (4) appurtenant buildings and access roads;

5 (5) all property and property rights necessary

6 for the facilities described in this subsection;

7 (6) electrical power transmission and distribu8 tion facilities necessary for services to Fort Peck Res9 ervation Rural Water System facilities; and

10 (7) such other pipelines, pumping plants, and

11 facilities as the Secretary determines to be appro12 priate to meet the water supply, economic, public

13 health, and environmental needs of the Fort Peck In14 dian Reservation, including water storage tanks,

15 water lines, and other facilities for the Fort Peck

16 Tribes and the villages, towns, and municipalities in

17 the Fort Peck Indian Reservation.

18 (c) COOPERATIVE AGREEMENT.—

19 (1) IN GENERAL.—The Secretary shall enter into

20 a cooperative agreement with the Fort Peck Tribal

21 Executive Board for planning, designing, con22 structing, operating, maintaining, and replacing the

23 Assiniboine and Sioux Rural Water System.

24 (2) MANDATORY PROVISIONS.—The cooperative

25 agreement under paragraph (1) shall specify, in a
24

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1 manner that is acceptable to the Secretary and the

2 Fort Peck Tribal Executive Board—

3 (A) the responsibilities of each party to the

4 agreement for—

5 (i) needs assessment, feasibility, and

6 environmental studies;

7 (ii) engineering and design;

8 (iii) construction;

9 (iv) water conservation measures; and

10 (v) administration of contracts relat11 ing to performance of the activities de12 scribed in clauses (i) through (iv);

13 (B) the procedures and requirements for ap14 proval and acceptance of the design and con15 struction and for carrying out other activities

16 described in subparagraph (A); and

17 (C) the rights, responsibilities, and liabil18 ities of each party to the agreement.

19 (3) OPTIONAL PROVISIONS.—The cooperative

20 agreement under paragraph (1) may include provi21 sions relating to the purchase, improvement, and re22 pair of water systems in existence on the date of en23 actment of this Act, including systems owned by indi24 vidual tribal members and other residents of the Fort

25 Peck Indian Reservation.
25

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1 (4) TERMINATION.—The Secretary may termi2 nate a cooperative agreement under paragraph (1) if

3 the Secretary determines that—

4 (A) the quality of construction does not

5 meet all standards established for similar facili6 ties constructed by the Secretary; or

7 (B) the operation and maintenance of the

8 Assiniboine and Sioux Rural Water System does

9 not meet conditions acceptable to the Secretary

10 that are adequate to fulfill the obligations of the

11 United States to the Fort Peck Tribes.

12 (5) TRANSFER.—On execution of a cooperative

13 agreement under paragraph (1), in accordance with

14 the cooperative agreement, the Secretary may transfer

15 to the Fort Peck Tribes, on a nonreimbursable basis,

16 funds made available for the Assiniboine and Sioux

17 Rural Water System under section 9.

18 (d) SERVICE AREA.—The service area of the Assini19 boine and Sioux Rural Water System shall be the area

20 within the boundaries of the Fort Peck Indian Reservation.

21 (e) CONSTRUCTION REQUIREMENTS.—The components

22 of the Assiniboine and Sioux Rural Water System shall be

23 planned and constructed to a size that is sufficient to meet

24 the municipal, rural, and industrial water supply require-
26

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1 ments of the service area of the Fort Peck Reservation Rural

2 Water System.

3 (f) TITLE TO ASSINIBOINE AND SIOUX RURAL WATER

4 SYSTEM.—Title to the Assiniboine and Sioux Rural Water

5 System shall be held in trust by the United States for the

6 Fort Peck Tribes and shall not be transferred unless a trans7 fer is authorized by an Act of Congress enacted after the

8 date of enactment of this Act.

9 (g) LIMITATION ON AVAILABILITY OF CONSTRUCTION

10 FUNDS.—The Secretary shall not obligate funds for con11 struction of the Assiniboine and Sioux Rural Water System

12 until—

13 (1) the requirements of the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

15 are met with respect to the Assiniboine and Sioux

16 Rural Water System;

17 (2) on or after the date that is 90 days after the

18 date of submission to Congress of a final engineering

19 report approved by the Secretary; and

20 (3) the Secretary publishes a written finding

21 that the water conservation plan developed under sec22 tion 7 includes prudent and reasonable water con23 servation measures for the operation of the Assini24 boine and Sioux Rural Water System that have been

25 shown to be economically and financially feasible.
27

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1 (h) TECHNICAL ASSISTANCE.—The Secretary shall

2 provide such technical assistance as is necessary to enable

3 the Fort Peck Tribes to plan, design, construct, operate,

4 maintain, and replace the Assiniboine and Sioux Rural

5 Water System, including operation and management train6 ing.

7 (i) APPLICATION OF INDIAN SELF-DETERMINATION

8 ACT.—Planning, design, construction, operation, mainte9 nance, and replacement of the Assiniboine and Sioux Rural

10 Water System within the Fort Peck Indian Reservation

11 shall be subject to the Indian Self-Determination and Edu12 cation Assistance Act (25 U.S.C. 450 et seq.).

13 SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM.

14 (a) PLANNING AND CONSTRUCTION.—

15 (1) AUTHORIZATION.—The Secretary shall enter

16 into a cooperative agreement with Dry Prairie Rural

17 Water Association Incorporated (or any successor

18 non-Federal entity) to provide Federal funds for the

19 planning, design, and construction of the Dry Prairie

20 Rural Water System in Roosevelt, Sheridan, Daniels,

21 and Valley Counties, Montana, outside the Fort Peck

22 Indian Reservation.

23 (2) USE OF FEDERAL FUNDS.—

24 (A) FEDERAL SHARE.—The Federal share

25 of the cost of planning, design, and construction
28

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1 of the Dry Prairie Rural Water System shall be

2 not more than 76 percent.

3 (B) COOPERATIVE AGREEMENTS.—Federal

4 funds made available to carry out this section

5 may be obligated and expended only through a

6 cooperative agreement entered into under sub7 section (c).

8 (b) COMPONENTS.—The components of the Dry Prairie

9 Rural Water System facilities on which Federal funds may

10 be obligated and expended under this section shall include—

11 (1) storage, pumping, interconnection, and pipe12 line facilities;

13 (2) appurtenant buildings and access roads;

14 (3) all property and property rights necessary

15 for the facilities described in this subsection;

16 (4) electrical power transmission and distribu17 tion facilities necessary for service to Dry Prairie

18 Rural Water System facilities; and

19 (5) other facilities customary to the development

20 of rural water distribution systems in the State, in21 cluding supplemental water intake, pumping, and

22 treatment facilities.

23 (c) COOPERATIVE AGREEMENT.—

24 (1) IN GENERAL.—The Secretary, with the con25 currence of the Assiniboine and Sioux Rural Water
29

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1 System Board, shall enter into a cooperative agree2 ment with Dry Prairie Rural Water Association In3 corporated to provide Federal assistance for the plan4 ning, design, and construction of the Dry Prairie

5 Rural Water System.

6 (2) MANDATORY PROVISIONS.—The cooperative

7 agreement under paragraph (1) shall specify, in a

8 manner that is acceptable to the Secretary and Dry

9 Prairie Rural Water Association Incorporated—

10 (A) the responsibilities of each party to the

11 agreement for—

12 (i) needs assessment, feasibility, and

13 environmental studies;

14 (ii) engineering and design;

15 (iii) construction;

16 (iv) water conservation measures; and

17 (v) administration of contracts relat18 ing to performance of the activities de19 scribed in clauses (i) through (iv);

20 (B) the procedures and requirements for ap21 proval and acceptance of the design and con22 struction and for carrying out other activities

23 described in subparagraph (A); and

24 (C) the rights, responsibilities, and liabil25 ities of each party to the agreement.
30

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1 (d) SERVICE AREA.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the service area of the Dry Prairie Rural

4 Water System shall be the area in the State—

5 (A) north of the Missouri River;

6 (B) south of the border between the United

7 States and Canada;

8 (C) west of the border between the States of

9 North Dakota and Montana; and

10 (D) east of the western line of range 39 east.

11 (2) FORT PECK INDIAN RESERVATION.—The serv12 ice area shall not include the area inside the Fort

13 Peck Indian Reservation.

14 (e) LIMITATION ON AVAILABILITY OF CONSTRUCTION

15 FUNDS.—The Secretary shall not obligate funds for con16 struction of the Dry Prairie Rural Water System until—

17 (1) the requirements of the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

19 are met with respect to the Dry Prairie Rural Water

20 System;

21 (2) on or after the date that is 90 days after the

22 date of submission to Congress of a final engineering

23 report approved by the Secretary; and

24 (3) the Secretary publishes a written finding

25 that the water conservation plan developed under sec-
31

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1 tion 7 includes prudent and reasonable water con2 servation measures for the operation of the Dry Prai3 rie Rural Water System that have been shown to be

4 economically and financially feasible.

5 (f) INTERCONNECTION OF FACILITIES.—

6 (1) IN GENERAL.—The Secretary shall—

7 (A) interconnect the Dry Prairie Rural

8 Water System with the Assiniboine and Sioux

9 Rural Water System; and

10 (B) provide for the delivery of water to the

11 Dry Prairie Rural Water System from the Mis12 souri River through the Assiniboine and Sioux

13 Rural Water System.

14 (2) CHARGES.—The Secretary shall not charge

15 for the water delivered.

16 (g) LIMITATION ON USE OF FEDERAL FUNDS.—

17 (1) IN GENERAL.—The operation, maintenance,

18 and replacement expenses associated with water deliv19 eries from the Assiniboine and Sioux Rural Water

20 System to the Dry Prairie Rural Water System shall

21 not be a Federal responsibility and shall be borne by

22 the Dry Prairie Rural Water System.

23 (2) FEDERAL FUNDS.—The Secretary may not

24 obligate or expend any Federal funds for the oper-
32

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1 ation, maintenance, or replacement of the Dry Prai2 rie Rural Water System.

3 (h) TITLE TO DRY PRAIRIE RURAL WATER SYSTEM.—

4 Title to the Dry Prairie Rural Water System shall be held

5 by Dry Prairie Rural Water Association, Incorporated.

6 SEC. 6. USE OF PICK-SLOAN POWER.

7 (a) IN GENERAL.—From power designated for future

8 irrigation and drainage pumping for the Pick-Sloan Mis9 souri River Basin Program, the Western Area Power Ad10 ministration shall make available the capacity and energy

11 required to meet the pumping, treatment, and incidental

12 operational requirements of the Dry Prairie Rural Water

13 System and Assiniboine and Sioux Rural Water System,

14 as described in sections 4 and 5.

15 (b) CONDITIONS.—The capacity and energy described

16 in subsection (a) shall be made available on the following

17 conditions:

18 (1) The Dry Prairie Rural Water System and

19 Assiniboine and Sioux Rural Water Systems shall be

20 operated on a not-for-profit basis.

21 (2) The Dry Prairie Rural Water System and

22 Assiniboine and Sioux Rural Water System shall con23 tract to purchase their entire electric service require24 ments, including the capacity and energy made avail25 able under subsection (a), from a qualified preference
33

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1 power supplier that purchases power from the West2 ern Area Power Administration.

3 (3) The rate schedule applicable to the capacity

4 and energy made available under subsection (a) shall

5 be the wholesale firm power rate schedule of the Pick6 Sloan Eastern Division of the Western Area Power

7 Administration in effect when the power is delivered

8 by the Administration.

9 (4) It shall be agreed by contract among—

10 (A) the Western Area Power Administra11 tion;

12 (B) the power supplier with which the

13 water Dry Prairie Rural Water System and As14 siniboine and Sioux Rural Water System con15 tract under paragraph (2);

16 (C) the power supplier of the entity de17 scribed in subparagraph (B);

18 (D) the Dry Prairie Rural Water Associa19 tion, Inc.; and

20 (E) the Fort Peck Tribes;

21 that in the case of the capacity and energy made

22 available under subsection (a), the benefit of the rate

23 schedule described in paragraph (3) shall be passed

24 through to the Dry Prairie Rural Water System and

25 Assiniboine and Sioux Rural Water System, except
34

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1 that the power supplier of the Dry Prairie Rural

2 Water System and Assiniboine and Sioux Rural

3 Water System shall not be precluded from including,

4 in the charges of the supplier to the water system for

5 the electric service, the other usual and customary

6 charges of the supplier.

7 (c) ADDITIONAL POWER.—If power in addition to that

8 made available under subsection (a) is required to meet the

9 pumping requirements of the service area of the Fort Peck

10 Reservation Rural Water System described in sections 4

11 and 5, the Administrator of the Western Area Power Ad12 ministration may purchase the necessary additional power

13 under such terms and conditions as the Administrator de14 termines to be appropriate.

15 (d) RECOVERY OF EXPENSES.—

16 (1) ASSINIBOINE AND SIOUX RURAL WATER SYS17 TEM.—In the case of the Assiniboine and Sioux Rural

18 Water System, expenses associated with power pur19 chases under subsection (a) shall be recovered through

20 a separate power charge, sufficient to cover expenses,

21 applied to the Assiniboine and Sioux Rural Water

22 System’s operation and maintenance cost.

23 (2) DRY PRAIRIE RURAL WATER SYSTEM.—In the

24 case of the Dry Prairie Rural Water System, expenses

25 associated with power purchases under subsections (a)
35

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1 shall be recovered through a separate power charge,

2 sufficient to cover expenses, to be paid fully by the

3 Dry Prairie Rural Water Association, Inc.

4 SEC. 7. WATER CONSERVATION PLAN.

5 (a) IN GENERAL.—The Fort Peck Tribes and Dry

6 Prairie Rural Water Association Incorporated shall develop

7 a water conservation plan containing—

8 (1) a description of water conservation objectives;

9 (2) a description of appropriate water conserva10 tion measures; and

11 (3) a time schedule for implementing the meas12 ures and this Act to meet the water conservation ob13 jectives.

14 (b) PURPOSE.—The water conservation plan under

15 subsection (a) shall be designed to ensure that users of water

16 from the Assiniboine and Sioux Rural Water System and

17 the Dry Prairie Rural Water System will use the best prac18 ticable technology and management techniques to conserve

19 water.

20 (c) PUBLIC PARTICIPATION.—Section 210(c) of the

21 Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) shall

22 apply to an activity authorized under this Act.

23 SEC. 8. WATER RIGHTS.

24 This Act does not—
36

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1 (1) impair the validity of or preempt any provi2 sion of State water law or any interstate compact

3 governing water;

4 (2) alter the right of any State to any appro5 priated share of the water of any body of surface or

6 ground water, whether determined by any past or fu7 ture interstate compact or by any past or future legis8 lative or final judicial allocation;

9 (3) preempt or modify any Federal or State law

10 or interstate compact concerning water quality or dis11 posal;

12 (4) confer on any non-Federal entity the author13 ity to exercise any Federal right to the water of any

14 stream or to any ground water resource;

15 (5) affect any right of the Fort Peck Tribes to

16 water, located within or outside the external bound17 aries of the Fort Peck Indian Reservation, based on

18 a treaty, compact, executive order, agreement, Act of

19 Congress, aboriginal title, the decision in Winters v.

20 United States, 207 U.S. 564 (1908) (commonly

21 known as the ‘‘Winters Doctrine’’), or other law; or

22 (6) validate or invalidate any assertion of the

23 existence, nonexistence, or extinguishment of any

24 water right held or Indian water compact entered

25 into by the Fort Peck Tribes or by any other Indian
37

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1 tribe or individual Indian under Federal or State

2 law.

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

4 (a) ASSINIBOINE AND SIOUX RURAL WATER SYS5 TEM.—There are authorized to be appropriated—

6 (1) over a period of 10 fiscal years, $124,000,000

7 for the planning, design, and construction of the As8 siniboine and Sioux Rural Water System in accord9 ance with subsections (b), (d), and (e) of section 4;

10 and

11 (2) such sums as are necessary for the operation,

12 maintenance, and replacement of the Assiniboine and

13 Sioux Rural Water System, including power costs of

14 the Western Area Power Administration.

15 (b) DRY PRAIRIE RURAL WATER SYSTEM.—There is

16 authorized to be appropriated, over a period of 10 fiscal

17 years, $51,000,000 for the planning, design, and construc18 tion of the Dry Prairie Rural Water System.

19 (c) COST INDEXING.—The funds authorized to be ap20 propriated may be increased or decreased by such amounts

21 as are justified by reason of ordinary fluctuations in devel22 opment costs incurred after October 1, 1998, as indicated

23 by engineering cost indices applicable for the type of con24 struction involved.