106TH CONGRESS

2D SESSION S. 624

AMENDMENT

In the House of Representatives, U. S.,

September 12, 2000.

Resolved, That the bill from the Senate (S. 624) entitled

‘‘An Act to authorize construction of the Fort Peck Reservation Rural Water System in the State of Montana, and for

other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

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

3 Rural Water System Act of 2000’’.

4 SEC. 2. PURPOSES.

5 The purposes of this Act are—

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

7 rural, and industrial water supply for the residents

8 of the Fort Peck Indian Reservation in the State of

9 Montana; and

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

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

12 Fort Peck Indian Reservation, in developing safe and

13 adequate municipal, rural, and industrial water sup14 plies.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) ASSINIBOINE AND SIOUX RURAL WATER SYS4 TEM.—The term ‘‘Assiniboine and Sioux Rural Water

5 System’’ means the rural water system within the

6 Fort Peck Indian Reservation authorized by section 4.

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

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

9 rural water system authorized by section 5 in the

10 Roosevelt, Sheridan, Daniels, and Valley Counties of

11 the State.

12 (3) FORT PECK RESERVATION RURAL WATER

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

14 Water System’’ means the Assiniboine and Sioux

15 Rural Water System and the Dry Prairie Rural

16 Water System.

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

18 Tribes’’ means the Assiniboine and Sioux Indian

19 Tribes within the Fort Peck Indian Reservation.

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

21 the Pick-Sloan Missouri River Basin Program (au22 thorized by section 9 of the Act entitled ‘‘An Act au23 thorizing the construction of certain public works on

24 rivers and harbors for flood control, and for other

25 purposes’’, approved December 22, 1944 (commonly
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1 known as the ‘‘Flood Control Act of 1944’’) (58 Stat.

2 891)).

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 required by subsection (g)(2).

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

14 Water System shall consist of—

15 (1) pumping and treatment facilities located

16 along the Missouri River within the boundaries of the

17 Fort Peck Indian Reservation;

18 (2) pipelines extending from the water treatment

19 plant throughout the Fort Peck Indian Reservation;

20 (3) distribution and treatment facilities to serve

21 the needs of the Fort Peck Indian Reservation,

22 including—

23 (A) public water systems in existence on the

24 date of the enactment of this Act that may be

25 purchased, improved, and repaired in accord-
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1 ance with the cooperative agreement entered into

2 under subsection (c); and

3 (B) water systems owned by individual

4 tribal members and other residents of the Fort

5 Peck Indian Reservation;

6 (4) appurtenant buildings and access roads;

7 (5) all property and property rights necessary

8 for the facilities described in this subsection;

9 (6) electrical power transmission and distribu10 tion facilities necessary for services to Fort Peck Res11 ervation Rural Water System facilities; and

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

13 facilities as the Secretary determines to be appro14 priate to meet the water supply, economic, public

15 health, and environmental needs of the Fort Peck In16 dian Reservation, including water storage tanks,

17 water lines, and other facilities for the Fort Peck

18 Tribes and the villages, towns, and municipalities in

19 the Fort Peck Indian Reservation.

20 (c) COOPERATIVE AGREEMENT.—

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

22 a cooperative agreement with the Fort Peck Tribal

23 Executive Board for planning, designing, con24 structing, operating, maintaining, and replacing the

25 Assiniboine and Sioux Rural Water System.
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1 (2) MANDATORY PROVISIONS.—The cooperative

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

3 manner that is acceptable to the Secretary and the

4 Fort Peck Tribal Executive Board—

5 (A) the responsibilities of each party to the

6 agreement for—

7 (i) needs assessment, feasibility, and

8 environmental studies;

9 (ii) engineering and design;

10 (iii) construction;

11 (iv) water conservation measures; and

12 (v) administration of contracts relat13 ing to performance of the activities de14 scribed in clauses (i) through (iv);

15 (B) the procedures and requirements for ap16 proval and acceptance of the design and con17 struction and for carrying out other activities

18 described in subparagraph (A); and

19 (C) the rights, responsibilities, and liabil20 ities of each party to the agreement.

21 (3) OPTIONAL PROVISIONS.—The cooperative

22 agreement under paragraph (1) may include provi23 sions relating to the purchase, improvement, and re24 pair of water systems in existence on the date of the

25 enactment of this Act, including systems owned by in-
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1 dividual tribal members and other residents of the

2 Fort Peck Indian Reservation.

3 (4) TERMINATION.—The Secretary may termi4 nate a cooperative agreement under paragraph (1) if

5 the Secretary determines that—

6 (A) the quality of construction does not

7 meet all standards established for similar facili8 ties constructed by the Secretary; or

9 (B) the operation and maintenance of the

10 Assiniboine and Sioux Rural Water System does

11 not meet conditions acceptable to the Secretary

12 that are adequate to fulfill the obligations of the

13 United States to the Fort Peck Tribes.

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

15 agreement under paragraph (1), in accordance with

16 the cooperative agreement, the Secretary may transfer

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

18 funds made available for the Assiniboine and Sioux

19 Rural Water System under section 9.

20 (d) SERVICE AREA.—The service area of the Assini21 boine and Sioux Rural Water System shall be the area

22 within the boundaries of the Fort Peck Indian Reservation.

23 (e) CONSTRUCTION REQUIREMENTS.—The components

24 of the Assiniboine and Sioux Rural Water System shall be

25 planned and constructed to a size that is sufficient to meet
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1 the municipal, rural, and industrial water supply require2 ments of the service area of the Fort Peck Reservation Rural

3 Water System.

4 (f) TITLE TO ASSINIBOINE AND SIOUX RURAL WATER

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

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

7 Fort Peck Tribes and shall not be transferred unless a trans8 fer is authorized by an Act of Congress enacted after the

9 date of the enactment of this Act.

10 (g) LIMITATION ON AVAILABILITY OF CONSTRUCTION

11 FUNDS.—The Secretary shall not obligate funds for con12 struction of the Assiniboine and Sioux Rural Water System

13 until—

14 (1) the requirements of the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

16 are met with respect to the Assiniboine and Sioux

17 Rural Water System;

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

19 date of submission to Congress of a final engineering

20 report approved by the Secretary; and

21 (3) the Secretary publishes a written finding

22 that the water conservation plan developed under sec23 tion 7 includes prudent and reasonable water con24 servation measures for the operation of the Assini-
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1 boine and Sioux Rural Water System that have been

2 shown to be economically and financially feasible.

3 (h) TECHNICAL ASSISTANCE.—The Secretary shall

4 provide such technical assistance as is necessary to enable

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

6 maintain, and replace the Assiniboine and Sioux Rural

7 Water System, including operation and management train8 ing.

9 (i) APPLICATION OF INDIAN SELF-DETERMINATION

10 ACT.—Planning, design, construction, operation, mainte11 nance, and replacement of the Assiniboine and Sioux Rural

12 Water System within the Fort Peck Indian Reservation

13 shall be subject to the Indian Self-Determination and Edu14 cation Assistance Act (25 U.S.C. 450 et seq.).

15 (j) COST SHARING.—

16 (1) CONSTRUCTION.—The Federal share of the

17 cost of construction of the Assiniboine and Sioux

18 Rural Water System shall be 100 percent, and shall

19 be funded through annual appropriations to the Bu20 reau of Reclamation.

21 (2) OPERATION AND MAINTENANCE.—The Fed22 eral share of the cost of operation and maintenance

23 of the Assiniboine and Sioux Rural Water System

24 shall be 100 percent, and shall be funded through an25 nual appropriations to the Bureau of Indian Affairs.
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1 SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM.

2 (a) PLANNING AND CONSTRUCTION.—

3 (1) AUTHORIZATION.—The Secretary shall enter

4 into a cooperative agreement with Dry Prairie Rural

5 Water Association Incorporated (or any successor

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

7 planning, design, and construction of the Dry Prairie

8 Rural Water System in Roosevelt, Sheridan, Daniels,

9 and Valley Counties, Montana, outside the Fort Peck

10 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, and shall be funded

16 with amounts appropriated from the reclamation

17 fund. Such amounts shall not be returnable or

18 reimbursable under the Federal reclamation

19 laws.

20 (B) COOPERATIVE AGREEMENTS.—Federal

21 funds made available to carry out this section

22 may be obligated and expended only through a

23 cooperative agreement entered into under sub24 section (c).
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1 (b) COMPONENTS.—The components of the Dry Prairie

2 Rural Water System facilities on which Federal funds may

3 be obligated and expended under this section shall include—

4 (1) storage, pumping, interconnection, and pipe5 line facilities;

6 (2) appurtenant buildings and access roads;

7 (3) all property and property rights necessary

8 for the facilities described in this subsection;

9 (4) electrical power transmission and distribu10 tion facilities necessary for service to Dry Prairie

11 Rural Water System facilities; and

12 (5) other facilities customary to the development

13 of rural water distribution systems in the State, in14 cluding supplemental water intake, pumping, and

15 treatment facilities.

16 (c) COOPERATIVE AGREEMENT.—

17 (1) IN GENERAL.—The Secretary, with the con18 currence of the Assiniboine and Sioux Rural Water

19 System Board, shall enter into a cooperative agree20 ment with Dry Prairie Rural Water Association In21 corporated to provide Federal assistance for the plan22 ning, design, and construction of the Dry Prairie

23 Rural Water System.

24 (2) MANDATORY PROVISIONS.—The cooperative

25 agreement under paragraph (1) shall specify, in a
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1 manner that is acceptable to the Secretary and Dry

2 Prairie Rural Water Association Incorporated—

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 (d) SERVICE AREA.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the service area of the Dry Prairie Rural

22 Water System shall be the area in the State—

23 (A) north of the Missouri River;

24 (B) south of the border between the United

25 States and Canada;
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1 (C) west of the border between the States of

2 North Dakota and Montana; and

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

4 (2) FORT PECK INDIAN RESERVATION.—The serv5 ice area shall not include the area inside the Fort

6 Peck Indian Reservation.

7 (e) LIMITATION ON AVAILABILITY OF CONSTRUCTION

8 FUNDS.—The Secretary shall not obligate funds for con9 struction of the Dry Prairie Rural Water System until—

10 (1) the requirements of the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

12 are met with respect to the Dry Prairie Rural Water

13 System;

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

15 date of submission to Congress of a final engineering

16 report approved by the Secretary; and

17 (3) the Secretary publishes a written finding

18 that the water conservation plan developed under sec19 tion 7 includes prudent and reasonable water con20 servation measures for the operation of the Dry Prai21 rie Rural Water System that have been shown to be

22 economically and financially feasible.

23 (f) INTERCONNECTION OF FACILITIES.—The Secretary

24 shall—
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1 (1) interconnect the Dry Prairie Rural Water

2 System with the Assiniboine and Sioux Rural Water

3 System; and

4 (2) provide for the delivery of water to the Dry

5 Prairie Rural Water System from the Missouri River

6 through the Assiniboine and Sioux Rural Water Sys7 tem.

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

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

10 and replacement expenses associated with water deliv11 eries from the Assiniboine and Sioux Rural Water

12 System to the Dry Prairie Rural Water System shall

13 not be a Federal responsibility and shall be borne by

14 the Dry Prairie Rural Water System.

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

16 obligate or expend any Federal funds for the oper17 ation, maintenance, or replacement of the Dry Prai18 rie Rural Water System.

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

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

21 by Dry Prairie Rural Water Association, Incorporated.

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

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

24 irrigation and drainage pumping for the Pick-Sloan Mis25 souri Basin program, the Western Area Power Administra-
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1 tion shall make available, at the firm power rate, the capac2 ity and energy required to meet the pumping and inci3 dental operational requirements of the Fort Peck Reserva4 tion Rural Water System.

5 (b) QUALIFICATION TO USE PICK-SLOAN POWER.—

6 For as long as the Fort Peck Reservation rural water sup7 ply system operates on a not-for-profit basis, the portions

8 of the water supply project constructed with assistance

9 under this Act shall be eligible to receive firm power from

10 the Pick-Sloan Missouri Basin program established by sec11 tion 9 of the Act of December 22, 1944 (chapter 665; 58

12 Stat. 887), popularly known as the Flood Control Act of

13 1944.

14 (c) RECOVERY OF EXPENSES.—

15 (1) ASSINIBOINE AND SIOUX RURAL WATER SYS16 TEM.—In the case of the Assiniboine and Sioux Rural

17 Water System, the Western Area Power Administra18 tion shall recover expenses associated with power pur19 chases under subsection (a) through a separate power

20 charge sufficient to cover such expenses. Such charge

21 shall be paid fully through the annual appropriations

22 to the Bureau of Indian Affairs.

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

24 case of the Dry Prairie Rural Water System, the

25 Western Area Power Administration shall recover ex-
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1 penses associated with power purchases under sub2 section (a) through a separate power charge sufficient

3 to cover expenses. Such charge shall be paid fully by

4 the Dry Prairie Rural Water System.

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

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

7 pumping requirements of the Fort Peck Reservation Rural

8 Water System, the Administrator of the Western Area

9 Power Administration may purchase the necessary addi10 tional power at the best available rate. The costs of such

11 purchases shall be reimbursed to the Administrator accord12 ing to the terms identified in subsection (c).

13 SEC. 7. WATER CONSERVATION PLAN.

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

15 Prairie Rural Water Association Incorporated shall develop

16 a water conservation plan containing—

17 (1) a description of water conservation objectives;

18 (2) a description of appropriate water conserva19 tion measures; and

20 (3) a time schedule for implementing the meas21 ures and this Act to meet the water conservation ob22 jectives.

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

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

25 from the Assiniboine and Sioux Rural Water System and
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1 the Dry Prairie Rural Water System will use the best prac2 ticable technology and management techniques to conserve

3 water.

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

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

6 apply to an activity authorized under this Act.

7 SEC. 8. WATER RIGHTS.

8 (a) IN GENERAL.—This Act does not—

9 (1) impair the validity of or preempt any provi10 sion of State water law or any interstate compact

11 governing water;

12 (2) alter the right of any State to any appro13 priated share of the water of any body of surface or

14 ground water, whether determined by any past or fu15 ture interstate compact or by any past or future legis16 lative or final judicial allocation;

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

18 or interstate compact concerning water quality or dis19 posal;

20 (4) confer on any non-Federal entity the author21 ity to exercise any Federal right to the water of any

22 stream or to any ground water resource;

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

24 water, located within or outside the external bound25 aries of the Fort Peck Indian Reservation, based on
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1 a treaty, compact, executive order, agreement, Act of

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

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

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

5 (6) validate or invalidate any assertion of the

6 existence, nonexistence, or extinguishment of any

7 water right held or Indian water compact entered

8 into by the Fort Peck Tribes or by any other Indian

9 tribe or individual Indian under Federal or State

10 law.

11 (b) OFFSET AGAINST CLAIMS.—Any funds received by

12 the Fort Peck Tribes pursuant to this Act shall be used to

13 offset any claims for money damages against the United

14 States by the Fort Peck Tribes, existing on the date of the

15 enactment of this Act, for water rights based on a treaty,

16 compact, executive order, agreement, Act of Congress, ab17 original title, the decision in Winters v. United States, 207

18 U.S. 564 (1908), or other law.

19 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

20 (a) ASSINIBOINE AND SIOUX RURAL WATER SYS21 TEM.—There are authorized to be appropriated—

22 (1) to the Bureau of Reclamation over a period

23 of 10 fiscal years, $124,000,000 for the planning, de24 sign, and construction of the Assiniboine and Sioux

25 Rural Water System; and
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1 (2) to the Bureau of Indian Affairs such sums as

2 are necessary for the operation and maintenance of

3 the Assiniboine and Sioux Rural Water System.

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

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

6 years, $51,000,000 for the planning, design, and construc7 tion of the Dry Prairie Rural Water System.

8 (c) COST INDEXING.—The funds authorized to be ap9 propriated may be increased or decreased by such amounts

10 as are justified by reason of ordinary fluctuations in devel11 opment costs incurred after October 1, 1998, as indicated

12 by engineering cost indices applicable for the type of con13 struction involved.

Attest:

Clerk.