IB 

Union Calendar No. 445

107TH CONGRESS 

2D SESSION H. R. 1946

[Report No. 107–715] 

To require the Secretary of the Interior to construct the Rocky Boy’s/North 

Central Montana Regional Water System in the State of Montana, to 

offer to enter into an agreement with the Chippewa Cree Tribe to 

plan, design, construct, operate, maintain and replace the Rocky Boy’s 

Rural Water System, and to provide assistance to the North Central 

Montana Regional Water Authority for the planning, design, and construction of the noncore system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2001

Mr. REHBERG introduced the following bill; which was referred to the 

Committee on Resources 

OCTOBER 2, 2002

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL

To require the Secretary of the Interior to construct the 

Rocky Boy’s/North Central Montana Regional Water 

System in the State of Montana, to offer to enter into 

an agreement with the Chippewa Cree Tribe to plan, 

design, construct, operate, maintain and replace the 

Rocky Boy’s Rural Water System, and to provide assistance to the North Central Montana Regional Water Au-
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thority for the planning, design, and construction of the 

noncore system, 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 ‘‘Rocky Boy’s/North 

5 Central Montana Regional Water System Act of 2001’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that—

8 (1) the water systems serving residents of the 

9 Rocky Boy’s Reservation in the State of Montana—

10 (A) do not meet minimum health and safe11 ty standards; 

12 (B) pose a threat to public health and 

13 safety; and 

14 (C) are inadequate to supply the water 

15 needs of the Chippewa Cree Tribe; 

16 (2) the United States has a trust responsibility 

17 to ensure that adequate and safe water supplies are 

18 available to meet the economic, environmental, water 

19 supply, and public health needs of the Reservation; 

20 (3) the entities administering the rural and mu21 nicipal water systems in North Central Montana are 

22 having difficulty complying with regulations promul23 gated under the Safe Drinking Water Act (42 

24 U.S.C. 300f et seq.); and 
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1 (4) Lake Elwell, near Chester, Montana, would 

2 provide the most available, reliable, and safe rural 

3 and municipal water supply for serving the needs of 

4 the Reservation and north central Montana. 

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

6 (1) to ensure a safe and adequate rural, munic7 ipal, and industrial water supply for the residents of 

8 the Rocky Boy’s Reservation in the State of Mon9 tana; 

10 (2) to assist the citizens residing in Chouteau, 

11 Hill, Liberty, Pondera, Teton, and Toole Counties, 

12 Montana, but outside the Reservation, in developing 

13 safe and adequate rural, municipal, and industrial 

14 water supplies; 

15 (3) to require the Secretary of the Interior, act16 ing through the Commissioner of Reclamation—

17 (A) to plan, design, and construct the core 

18 and noncore systems of the Rocky Boy’s/North 

19 Central Montana Regional Water System in the 

20 State of Montana; and 

21 (B) to operate, maintain, and replace the 

22 core system and the on-Reservation water dis23 tribution systems, including service connections 

24 to communities and individuals; and 
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1 (4) to require the Secretary, at the request of 

2 the Chippewa Cree Tribe, to enter into a self-govern3 ance agreement with the Tribe under title IV of the 

4 Indian Self-Determination and Education Assistance 

5 Act (25 U.S.C. 458aa et seq.), under which the 

6 Tribe will plan, design, construct, operate, maintain, 

7 and replace (including service connections to commu8 nities and individuals)—

9 (A) the core system of the water supply 

10 system; and 

11 (B) on-Reservation water distribution sys12 tems. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) AUTHORITY.—The term ‘‘Authority’’ means 

16 the North Central Montana Regional Water Author17 ity established under State law to allow public agen18 cies to join together to secure and provide water for 

19 resale. 

20 (2) CORE SYSTEM.—The term ‘‘core system’’ 

21 means a component of the water system described in 

22 section 4(a)(5) and the study. 

23 (3) NONCORE SYSTEM.—The term ‘‘noncore 

24 system’’ means the rural water system for Chouteau, 
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1 Hill, Liberty, Pondera, Teton, and Toole Counties, 

2 Montana, described in section 5(c) and the study. 

3 (4) RESERVATION.—

4 (A) IN GENERAL.—The term ‘‘Reserva5 tion’’ means the Rocky Boy’s Reservation in the 

6 State. 

7 (B) INCLUSIONS.—The term ‘‘Reserva8 tion’’ includes all land and interests in land 

9 that are held in trust by the United States for 

10 the Tribe (including future additions to the 

11 Reservation). 

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

13 the Secretary of the Interior, acting through the 

14 Commissioner of Reclamation. 

15 (6) STATE.—The term ‘‘State’’ means the State 

16 of Montana. 

17 (7) STUDY.—The term ‘‘study’’ means the 

18 study entitled ‘‘North Central Montana Regional 

19 Water System Planning/Environmental Report’’ 

20 dated May 2000 (including the needs assessment, 

21 environmental report, and feasibility level study). 

22 (8) TRIBE.—The term ‘‘Tribe’’ means—

23 (A) the Chippewa Cree Tribe on the Res24 ervation; and
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1 (B) all officers, agents, and departments of 

2 the Tribe. 

3 (9) WATER SYSTEM.—The term ‘‘water sys4 tem’’ means— 

5 (A) the core system; and 

6 (B) on-Reservation water distribution sys7 tems. 

8 SEC. 4. ROCKY BOY’S RURAL WATER SYSTEM. 

9 (a) CORE SYSTEM.—

10 (1) IN GENERAL.—The Secretary shall plan, de11 sign, construct, operate, maintain, and replace the 

12 core system. 

13 (2) FEDERAL SHARE.—

14 (A) PLANNING, DESIGN, AND CONSTRUC15 TION.—The Federal share of the cost of plan16 ning, design, and construction of the core sys17 tem shall be—

18 (i) 100 percent; and 

19 (ii) funded through annual appropria20 tions to the Bureau of Reclamation. 

21 (B) OPERATION, MAINTENANCE, AND RE22 PLACEMENT.—The Federal share of the cost of 

23 operation, maintenance, and replacement of the 

24 core system shall be—
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1 (i) 100 percent of the Tribe’s share of 

2 the total capacity of the core pipeline of 

3 the core system; and 

4 (ii) funded through annual appropria5 tions to the Bureau of Indian Affairs. 

6 (3) NON-FEDERAL SHARE.—The non-Federal 

7 share of the cost of operation, maintenance, and re8 placement of the core shall be—

9 (A) prorated according to the nontribal 

10 users’ share of the total capacity of the core 

11 pipeline of the core system; and 

12 (B) fully reimbursable to the Secretary. 

13 (4) AGREEMENTS.—Federal funds made avail14 able to carry out this subsection may be obligated 

15 and expended only in accordance with an agreement 

16 entered into under subsection (c). 

17 (5) COMPONENTS.—The core system shall con18 sist of—

19 (A) intake, pumping, water storage, and 

20 treatment facilities located at Tiber Reservoir, 

21 with water obtained from Lake Elwell stored 

22 behind Tiber Dam, near Chester, Montana; 

23 (B) transmission pipelines, pumping sta24 tions, and storage reservoirs extending from 

25 Lake Elwell near Chester, Montana, approxi-
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1 mately 60 miles east to the communities 

2 throughout the Reservation; 

3 (C) appurtenant buildings and access 

4 roads; 

5 (D) all property and property rights nec6 essary for the facilities described in this sub7 section; and 

8 (E) electrical power transmission and dis9 tribution facilities necessary for services to core 

10 system facilities and noncore system facilities. 

11 (b) ON-RESERVATION WATER DISTRIBUTION SYS12 TEMS.—

13 (1) IN GENERAL.—The Secretary shall operate, 

14 maintain, and replace the water distribution systems 

15 of the Reservation. 

16 (2) FEDERAL SHARE.—The Federal share of 

17 the cost of operation, maintenance, and replacement 

18 of a water distribution system on the Reservation 

19 shall be—

20 (A) 100 percent; and 

21 (B) funded through annual appropriations 

22 to the Bureau of Indian Affairs. 

23 (3) AGREEMENTS.—Federal funds made avail24 able to carry out this subsection may be obligated 
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1 and expended only in accordance with an agreement 

2 entered into under subsection (c). 

3 (4) COMPONENTS.—The water distribution sys4 tems of the Reservation shall consist of—

5 (A) water systems in existence on the date 

6 of enactment of this Act that may be pur7 chased, improved, and repaired in accordance 

8 with an agreement entered into under sub9 section (c); 

10 (B) water systems owned by individual 

11 members of the Tribe and other residents of the 

12 Reservation; 

13 (C) any water distribution system that is 

14 upgraded to current standards, disconnected 

15 from low-quality wells, or expanded to serve in16 creased demands; 

17 (D) interconnections; and 

18 (E) such other pipelines, pumping plants, 

19 power lines, and facilities as the Secretary de20 termines to be appropriate to meet the water 

21 supply, economic, public health, and environ22 mental needs of the Reservation, including 

23 water storage tanks, water lines, and other fa24 cilities for the Tribe and the villages, commu25 nities, and towns on the Reservation. 
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1 (c) AGREEMENTS.—

2 (1) IN GENERAL.—At the request of the Tribe, 

3 the Secretary shall enter into a self-governance 

4 agreement under title IV of the Indian Self-Deter5 mination and Education Assistance Act (25 U.S.C. 

6 458aa et seq.) with the Tribe to, in accordance with 

7 this Act—

8 (A) plan, design, construct, operate, main9 tain, and replace the core system; and 

10 (B) operate, maintain, and replace on-Res11 ervation water distribution systems. 

12 (2) PROJECT OVERSIGHT ADMINISTRATION.—

13 The amount of Federal funds that may be used to 

14 carry out paragraph (1)(A) shall not exceed the 

15 amount that is equal to 3 percent of the total field 

16 cost budget provided in the construction budget for 

17 the core system prepared by the Tribe and approved 

18 by the Secretary for the entire project construction 

19 period. 

20 (d) SERVICE AREA.—The service area of the core sys21 tem shall be the Reservation and those non-tribal commu22 nities and persons that are supplied with water directly 

23 from the core transmission line of the core system. 

24 (e) CONSTRUCTION REQUIREMENTS.—The compo25 nents of the core system shall be planned and constructed
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1 to the extent necessary to meet the municipal, rural, and 

2 industrial water supply requirements of the service area 

3 of the core system as described in the study. 

4 (f) TITLE TO CORE SYSTEM.—Title to the core sys5 tem—

6 (1) shall be held in trust by the United States 

7 for the Tribe; and 

8 (2) shall not be transferred unless a transfer is 

9 authorized by an Act of Congress enacted after the 

10 date of enactment of this Act. 

11 (g) TECHNICAL ASSISTANCE.—The Secretary shall 

12 provide such technical assistance as is necessary to enable 

13 the Tribe to plan, design, construct, operate, maintain, 

14 and replace the core system, including operation and man15 agement training. 

16 SEC. 5. NONCORE SYSTEM. 

17 (a) IN GENERAL.—The Secretary shall enter into a 

18 cooperative agreement with the Authority to provide Fed19 eral funds for the planning, design, and construction of 

20 the noncore system in Chouteau, Hill, Liberty, Pondera, 

21 Teton, and Toole Counties, Montana, outside the Reserva22 tion. 

23 (b) FEDERAL SHARE.—

24 (1) PLANNING, DESIGN, AND CONSTRUCTION.—

25 The Federal share of the cost of planning, design, 
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1 and construction of the noncore system shall be not 

2 more than 75 percent, as determined by the Sec3 retary. 

4 (2) OPERATION, MAINTENANCE, AND REPLACE5 MENT.—The cost of operation, maintenance, and re6 placement of the noncore system shall be fully reim7 bursable to the Secretary. 

8 (3) COOPERATIVE AGREEMENT.—Federal funds 

9 made available to carry out this section may be obli10 gated and expended only in accordance with a coop11 erative agreement entered into under subsection (d). 

12 (c) COMPONENTS.—The components of the noncore 

13 system on which Federal funds may be obligated and ex14 pended under this section shall include—

15 (1) storage, pumping, and pipeline facilities; 

16 (2) appurtenant buildings and access roads; 

17 (3) all property and property rights necessary 

18 for the facilities described in this subsection; 

19 (4) electrical power transmission and distribu20 tion facilities necessary for service to noncore system 

21 facilities; 

22 (5) planning and design services for all such fa23 cilities; and 
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1 (6) other facilities and services customary to 

2 the development of a rural water distribution system 

3 in the State. 

4 (d) COOPERATIVE AGREEMENT.—

5 (1) IN GENERAL.—At the request of the Chip6 pewa Cree Water Resources Subcommittee, the Sec7 retary shall enter into a cooperative agreement with 

8 the Authority to provide Federal assistance for the 

9 planning, design, and construction of the noncore 

10 system. 

11 (2) MANDATORY PROVISIONS.—The cooperative 

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

13 manner that is acceptable to the Secretary, the 

14 Tribe, and the Authority—

15 (A) the responsibilities of each party to the 

16 agreement for—

17 (i) the final engineering report; 

18 (ii) engineering and design; 

19 (iii) construction; 

20 (iv) water conservation measures; and 

21 (v) administration of contracts relat22 ing to performance of the activities de23 scribed in clauses (i) through (iv); 

24 (B) the procedures and requirements for 

25 approval and acceptance of the design and con-
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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) PROJECT OVERSIGHT ADMINISTRATION.—

6 The amount of Federal funds that may be used to 

7 carry out paragraph (1) shall not exceed the amount 

8 that is equal to 3 percent of the total field cost 

9 budget provided in the construction budget for the 

10 noncore system prepared by the Authority and ap11 proved by the Secretary for the entire project con12 struction period. 

13 (4) OVERSIGHT.—The Authority shall have 

14 oversight responsibility over the noncore system. 

15 (e) SERVICE AREA.—

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the service area of the noncore system 

18 shall be generally defined as the area—

19 (A) north of the Missouri River and 

20 Dutton, Montana; 

21 (B) south of the border between the 

22 United States and Canada; 

23 (C) west of Havre, Montana; and 

24 (D) east of Cut Bank, Montana. 
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1 (2) EXCLUSIONS FROM SERVICE AREA.—The 

2 service area of the noncore system shall not include 

3 the area inside the Reservation. 

4 (f) LIMITATION ON USE OF FEDERAL FUNDS.—The 

5 operation and maintenance expenses associated with non6 tribal water deliveries from the core system to the noncore 

7 system—

8 (1) shall not be a Federal responsibility; and 

9 (2) shall be borne by the noncore system. 

10 (g) TITLE TO NONCORE SYSTEM.—Title to the 

11 noncore system shall be held by the Authority. 

12 SEC. 6. LIMITATION ON AVAILABILITY OF CONSTRUCTION 

13 FUNDS. 

14 The Secretary shall not obligate funds for construc15 tion of the core system or the noncore system until—

16 (1) the requirements of the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

18 are met with respect to the core system and the 

19 noncore system; and 

20 (2) the date that is 90 days after the date of 

21 submission to Congress of a final engineering report 

22 approved by the Secretary. 

23 SEC. 7. INTERCONNECTION CHARGES. 

24 The cost of interconnection of nontribal community 

25 water distribution systems and individual service systems
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1 to transmission lines of the core system and noncore sys2 tem shall be the responsibility of the entities receiving 

3 water from the transmission lines. 

4 SEC. 8. NONDIMINISHMENT OF TIBER RESERVOIR ALLOCA5 TION TO THE TRIBE. 

6 In providing for the delivery of water to the noncore 

7 system, the Secretary shall not diminish the 10,000 acre8 feet per year of water stored for the Tribe pursuant to 

9 section 201 of the Chippewa Cree Tribe of The Rocky 

10 Boy’s Reservation Indian Reserved Water Rights Settle11 ment and Water Supply Enhancement Act of 1999 (Public 

12 Law 106–163; 113 Stat. 1789) in Lake Elwell, Lower 

13 Marias Unit, Upper Missouri Division, Pick-Sloan Mis14 souri Basin Program, Montana. 

15 SEC. 9. USE OF PICK-SLOAN POWER. 

16 (a) IN GENERAL.—The Secretary shall authorize and 

17 provide for the use of power from the Pick-Sloan Eastern 

18 Division to start up and operate the water system and the 

19 noncore system. 

20 (b) RESERVATION OF POWER.—The Secretary shall 

21 reserve, and make available, for the purpose authorized 

22 by subsection (a)—

23 (1) during the irrigation season, Pick-Sloan 

24 Eastern Division power identified for future project 

25 use pumping; and 
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1 (2) during the nonirrigation season, Pick-Sloan 

2 Eastern Division preference power, to the extent 

3 that the power is available. 

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

5 available under subsection (b) shall be—

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

7 pumping power rate; and 

8 (2) during the nonirrigation season, the whole9 sale firm power rate. 

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

11 power made available under subsection (b) is required to 

12 meet the pumping requirements of the service area of the 

13 water system and the noncore system, the Administrator 

14 of the Western Area Power Administration may purchase 

15 the necessary additional power under such terms and con16 ditions as the Administrator determines to be appropriate. 

17 (e) RECOVERY OF EXPENSES.—Expenses associated 

18 with power purchases under subsections (a) and (d) shall 

19 be included in the operation, maintenance, and replace20 ment costs and recovered in accordance with sections 

21 4(a)(3)(B) and section 5(b)(2). 

22 SEC. 10. WATER CONSERVATION PLAN. 

23 (a) IN GENERAL.—The Tribe and the Authority shall 

24 develop a water conservation plan that contains—
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1 (1) a description of water conservation objec2 tives; 

3 (2) a description of appropriate water conserva4 tion measures; and 

5 (3) a time schedule for implementing the water 

6 conservation measures to meet the water conserva7 tion objectives. 

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

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

10 water from the core system, on-Reservation water dis11 tribution systems, and the noncore system will use the best 

12 practicable technology and management techniques to con13 serve water. 

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

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

16 shall apply to an activity authorized under this Act. 

17 SEC. 11. WATER RIGHTS. 

18 This Act does not—

19 (1) impair the validity of or preempt any provi20 sion of State water law or any interstate compact 

21 governing water; 

22 (2) alter the right of any State to any appro23 priated share of the water of any body of surface or 

24 ground water, whether determined by any past or 
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1 future interstate compact or by any past or future 

2 legislative or final judicial allocation; 

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

4 or interstate compact concerning water quality or 

5 disposal; 

6 (4) confer on any non-Federal entity the au7 thority to exercise any Federal right to the water of 

8 any stream or to any ground water resource; 

9 (5) affect any right of the Tribe to water, lo10 cated within or outside the external boundaries of 

11 the Reservation, based on a treaty, compact, Execu12 tive order, agreement, Act of Congress, aboriginal 

13 title, the decision in Winters v. United States, 207 

14 U.S. 564 (1908) (commonly known as the ‘‘Winters 

15 Doctrine’’), or other law; or 

16 (6) validate or invalidate any assertion of the 

17 existence, nonexistence, or extinguishment of any 

18 water right held or Indian water compact entered 

19 into by the Tribe or by any other Indian tribe or in20 dividual Indian under Federal or State law. 

21 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) CORE SYSTEM.—There are authorized to be ap23 propriated—

24 (1) $120,000,000 for the planning, design, and 

25 construction of the core system; and 
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1 (2) such sums as are necessary for the oper2 ation, maintenance, and replacement of the water 

3 system, including power costs of the Western Area 

4 Power Administration. 

5 (b) NONCORE SYSTEM.—There is authorized to be 

6 appropriated $60,000,000 for the planning, design, and 

7 construction of the noncore system. 

8 (c) COST INDEXING.—The sums authorized to be ap9 propriated under this section may be increased or de10 creased by such amounts as are justified by reason of ordi11 nary fluctuations in development costs incurred after July 

12 1, 1997, as indicated by engineering cost indices applica13 ble for the type of construction involved. 

Union Calendar No. 445

107TH CONGRESS 

2D SESSION H. R. 1946

[Report No. 107–715] 

A BILL

To require the Secretary of the Interior to construct the Rocky Boy’s/North Central Montana 

Regional Water System in the State of Montana, to offer to enter into an agreement with the Chippewa Cree Tribe to plan, design, construct, operate, maintain and replace the Rocky Boy’s Rural Water System, and to provide assistance to the North Central Montana Regional Water Authority for the planning, design, and construction of the noncore system, and for other purposes. 

OCTOBER 2, 2002

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed