(B) INCLUSIONS.—The term ‘‘Reserva-
tion’’ includes all land and interests in land
that are held in trust by the United States for
the Tribe (including future additions to the
Reservation).
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the
Commissioner of Reclamation.
(6) STATE.—The term ‘‘State’’ means the State
of Montana.
(7) STUDY.—The term ‘‘study’’ means the
study entitled ‘‘North Central Montana Regional
Water System Planning/Environmental Report’’
dated May 2000 (including the needs assessment,
environmental report, and feasibility level study).
(8) TRIBE.—The term ‘‘Tribe’’ means—
(A) the Chippewa Cree Tribe on the Res-
ervation; and
(B) all officers, agents, and departments of
the Tribe.
(9) WATER
SYSTEM.—The term ‘‘water sys-
tem’’ means—
(A) the core system; and
(B) on-Reservation water distribution sys-
tems.
SEC. 4. ROCKY BOY’S RURAL WATER SYSTEM.
(a) CORE SYSTEM.—
(1) IN GENERAL.—The Secretary shall plan, de-
sign, construct, operate, maintain, and replace the
core system.
(2) FEDERAL SHARE.—
(A) PLANNING, DESIGN, AND CONSTRUC-
TION.—The Federal share of the cost of plan-
ning, design, and construction of the core sys-
tem shall be—
(i) 100 percent; and
(ii) funded through annual appropria-
tions to the Bureau of Reclamation.
(B) OPERATION, MAINTENANCE, AND RE-
PLACEMENT.—The Federal share of the cost of
operation, maintenance, and replacement of the
core system shall be—
(i) 100 percent of the Tribe’s share of
the total capacity of the core pipeline of
the core system; and
(ii) funded through annual appropria-
tions to the Bureau of Indian Affairs.
(3) NON-FEDERAL
SHARE.—The non-Federal
share of the cost of operation, maintenance, and re-
placement of the core shall be—
(A) prorated according to the nontribal
users’ share of the total capacity of the core
pipeline of the core system; and
(B) fully reimbursable to the Secretary.
(4) AGREEMENTS.—Federal funds made avail-
able to carry out this subsection may be obligated
and expended only in accordance with an agreement
entered into under subsection (c).
(5) COMPONENTS.—The core system shall con-
sist of—
(A) intake, pumping, water storage, and
treatment facilities located at Tiber Reservoir,
with water obtained from Lake Elwell stored
behind Tiber Dam, near Chester, Montana;
(B) transmission pipelines, pumping sta-
tions, and storage reservoirs extending from
Lake Elwell near Chester, Montana, approxi-
mately 60 miles east to the communities
throughout the Reservation;
(C) appurtenant buildings and access
roads;
(D) all property and property rights nec-
essary for the facilities described in this sub-
section; and
(E) electrical power transmission and dis-
tribution facilities necessary for services to core
system facilities and noncore system facilities.
(b) ON-RESERVATION WATER DISTRIBUTION SYS-
TEMS.—
(1) IN GENERAL.—The Secretary shall operate,
maintain, and replace the water distribution systems
of the Reservation.
(2) FEDERAL SHARE.—The Federal share of
the cost of operation, maintenance, and replacement
of a water distribution system on the Reservation
shall be—
(A) 100 percent; and
(B) funded through annual appropriations
to the Bureau of Indian Affairs.
(3) AGREEMENTS.—Federal funds made avail-
able to carry out this subsection may be obligated
and expended only in accordance with an agreement
entered into under subsection (c).
(4) COMPONENTS.—The water distribution sys-
tems of the Reservation shall consist of—
(A) water systems in existence on the date
of enactment of this Act that may be pur-
chased, improved, and repaired in accordance
with an agreement entered into under sub-
section (c);
(B) water systems owned by individual
members of the Tribe and other residents of the
Reservation;
(C) any water distribution system that is
upgraded to current standards, disconnected
from low-quality wells, or expanded to serve in-
creased demands;
(D) interconnections; and
(E) such other pipelines, pumping plants,
power lines, and facilities as the Secretary de-
termines to be appropriate to meet the water
supply, economic, public health, and environ-
mental needs of the Reservation, including
water storage tanks, water lines, and other fa-
cilities for the Tribe and the villages, commu-
nities, and towns on the Reservation.
(c) AGREEMENTS.—
(1) IN GENERAL.—At the request of the Tribe,
the Secretary shall enter into a self-governance
agreement under title IV of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C.
458aa et seq.) with the Tribe to, in accordance with
this Act—
(A) plan, design, construct, operate, main-
tain, and replace the core system; and
(B) operate, maintain, and replace on-Res-
ervation water distribution systems.
(2) PROJECT
OVERSIGHT
ADMINISTRATION.—
The amount of Federal funds that may be used to
carry out paragraph (1)(A) shall not exceed the
amount that is equal to 3 percent of the total field
cost budget provided in the construction budget for
the core system prepared by the Tribe and approved
by the Secretary for the entire project construction
period.
(d) SERVICE AREA.—The service area of the core sys-
tem shall be the Reservation and those non-tribal commu-
nities and persons that are supplied with water directly
from the core transmission line of the core system.
(e) CONSTRUCTION REQUIREMENTS.—The compo-
nents of the core system shall be planned and constructed
to the extent necessary to meet the municipal, rural, and
industrial water supply requirements of the service area
of the core system as described in the study.
(f) TITLE
TO CORE SYSTEM.—Title to the core
system—
(1) shall be held in trust by the United States
for the Tribe; and
(2) shall not be transferred unless a transfer is
authorized by an Act of Congress enacted after the
date of enactment of this Act.
(g) TECHNICAL ASSISTANCE.—The Secretary shall
provide such technical assistance as is necessary to enable
the Tribe to plan, design, construct, operate, maintain,
and replace the core system, including operation and man-
agement training.
SEC. 5. NONCORE SYSTEM.
(a) IN GENERAL.—The Secretary shall enter into a
cooperative agreement with the Authority to provide Fed-
eral funds for the planning, design, and construction of
the noncore system in Chouteau, Hill, Liberty, Pondera,
Teton, and Toole Counties, Montana, outside the Reserva-
tion.
(b) FEDERAL SHARE.—
(1) PLANNING, DESIGN, AND CONSTRUCTION.—
The Federal share of the cost of planning, design,
and construction of the noncore system shall be not
more than 75 percent, as determined by the Sec-
retary.
(2) OPERATION, MAINTENANCE, AND REPLACE-
MENT.—The cost of operation, maintenance, and re-
placement of the noncore system shall be fully reim-
bursable to the Secretary.
(3) COOPERATIVE AGREEMENT.—Federal funds
made available to carry out this section may be obli-
gated and expended only in accordance with a coop-
erative agreement entered into under subsection (d).
(c) COMPONENTS.—The components of the noncore
system on which Federal funds may be obligated and ex-
pended under this section shall include—
(1) storage, pumping, and pipeline facilities;
(2) appurtenant buildings and access roads;
(3) all property and property rights necessary
for the facilities described in this subsection;
(4) electrical power transmission and distribu-
tion facilities necessary for service to noncore system
facilities;
(5) planning and design services for all such fa-
cilities; and
(6) other facilities and services customary to
the development of a rural water distribution system
in the State.
(d) COOPERATIVE AGREEMENT.—
(1) IN GENERAL.—At the request of the Chip-
pewa Cree Water Resources Subcommittee, the Sec-
retary shall enter into a cooperative agreement with
the Authority to provide Federal assistance for the
planning, design, and construction of the noncore
system.
(2) MANDATORY PROVISIONS.—The cooperative
agreement under paragraph (1) shall specify, in a
manner that is acceptable to the Secretary, the
Tribe, and the Authority—
(A) the responsibilities of each party to the
agreement for—
(i) the final engineering report;
(ii) engineering and design;
(iii) construction;
(iv) water conservation measures; and
(v) administration of contracts relat-
ing to performance of the activities de-
scribed in clauses (i) through (iv);
(B) the procedures and requirements for
approval and acceptance of the design and con-
struction and for carrying out other activities
described in subparagraph (A); and
(C) the rights, responsibilities, and liabil-
ities of each party to the agreement.
(3) PROJECT
OVERSIGHT
ADMINISTRATION.—
The amount of Federal funds that may be used to
carry out paragraph (1) shall not exceed the amount
that is equal to 3 percent of the total field cost
budget provided in the construction budget for the
noncore system prepared by the Authority and ap-
proved by the Secretary for the entire project con-
struction period.
(4) OVERSIGHT.—The Authority shall have
oversight responsibility over the noncore system.
(e) SERVICE AREA.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the service area of the noncore system
shall be generally defined as the area—
(A) north of the Missouri River and
Dutton, Montana;
(B) south of the border between the
United States and Canada;
(C) west of Havre, Montana; and
(D) east of Cut Bank, Montana.
(2) EXCLUSIONS
FROM
SERVICE
AREA.—The
service area of the noncore system shall not include
the area inside the Reservation.
(f) LIMITATION ON USE OF FEDERAL FUNDS.—The
operation and maintenance expenses associated with non-
tribal water deliveries from the core system to the noncore
system—
(1) shall not be a Federal responsibility; and
(2) shall be borne by the noncore system.
(g) TITLE
TO NONCORE SYSTEM.—Title to the
noncore system shall be held by the Authority.
SEC. 6. LIMITATION ON AVAILABILITY OF CONSTRUCTION
FUNDS.
The Secretary shall not obligate funds for construc-
tion of the core system or the noncore system until—
(1) the requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
are met with respect to the core system and the
noncore system; and
(2) the date that is 90 days after the date of
submission to Congress of a final engineering report
approved by the Secretary.
SEC. 7. INTERCONNECTION CHARGES.
The cost of interconnection of nontribal community
water distribution systems and individual service systems
to transmission lines of the core system and noncore sys-
tem shall be the responsibility of the entities receiving
water from the transmission lines.
SEC. 8. NONDIMINISHMENT OF TIBER RESERVOIR ALLOCA-
TION TO THE TRIBE.
In providing for the delivery of water to the noncore
system, the Secretary shall not diminish the 10,000 acre-
feet per year of water stored for the Tribe pursuant to
section 201 of the Chippewa Cree Tribe of The Rocky
Boy’s Reservation Indian Reserved Water Rights Settle-
ment and Water Supply Enhancement Act of 1999 (Public
Law 106–163; 113 Stat. 1789) in Lake Elwell, Lower
Marias Unit, Upper Missouri Division, Pick-Sloan Mis-
souri Basin Program, Montana.
SEC. 9. USE OF PICK-SLOAN POWER.
(a) IN GENERAL.—The Secretary shall authorize and
provide for the use of power from the Pick-Sloan Eastern
Division to start up and operate the water system and the
noncore system.
(b) RESERVATION OF POWER.—The Secretary shall
reserve, and make available, for the purpose authorized
by subsection (a)—
(1) during the irrigation season, Pick-Sloan
Eastern Division power identified for future project
use pumping; and
(2) during the nonirrigation season, Pick-Sloan
Eastern Division preference power, to the extent
that the power is available.
(c) RATE.—The rate for project use power made
available under subsection (b) shall be—
(1) during the irrigation season, the project use
pumping power rate; and
(2) during the nonirrigation season, the whole-
sale firm power rate.
(d) ADDITIONAL POWER.—If power in addition to the
power made available under subsection (b) is required to
meet the pumping requirements of the service area of the
water system and the noncore system, the Administrator
of the Western Area Power Administration may purchase
the necessary additional power under such terms and con-
ditions as the Administrator determines to be appropriate.
(e) RECOVERY OF EXPENSES.—Expenses associated
with power purchases under subsections (a) and (d) shall
be included in the operation, maintenance, and replace-
ment costs and recovered in accordance with sections
4(a)(3)(B) and section 5(b)(2).
SEC. 10. WATER CONSERVATION PLAN.
(a) IN GENERAL.—The Tribe and the Authority shall
develop a water conservation plan that contains—
(1) a description of water conservation objec-
tives;
(2) a description of appropriate water conserva-
tion measures; and
(3) a time schedule for implementing the water
conservation measures to meet the water conserva-
tion objectives.
(b) PURPOSE.—The water conservation plan under
subsection (a) shall be designed to ensure that users of
water from the core system, on-Reservation water dis-
tribution systems, and the noncore system will use the best
practicable technology and management techniques to con-
serve water.
(c) PUBLIC PARTICIPATION.—Section 210(c) of the
Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c))
shall apply to an activity authorized under this Act.
SEC. 11. WATER RIGHTS.
This Act does not—
(1) impair the validity of or preempt any provi-
sion of State water law or any interstate compact
governing water;
(2) alter the right of any State to any appro-
priated share of the water of any body of surface or
ground water, whether determined by any past or
future interstate compact or by any past or future
legislative or final judicial allocation;
(3) preempt or modify any Federal or State law
or interstate compact concerning water quality or
disposal;
(4) confer on any non-Federal entity the au-
thority to exercise any Federal right to the water of
any stream or to any ground water resource;
(5) affect any right of the Tribe to water, lo-
cated within or outside the external boundaries of
the Reservation, based on a treaty, compact, Execu-
tive order, agreement, Act of Congress, aboriginal
title, the decision in Winters v. United States, 207
U.S. 564 (1908) (commonly known as the ‘‘Winters
Doctrine’’), or other law; or
(6) validate or invalidate any assertion of the
existence, nonexistence, or extinguishment of any
water right held or Indian water compact entered
into by the Tribe or by any other Indian tribe or in-
dividual Indian under Federal or State law.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) CORE SYSTEM.—There are authorized to be
appropriated—
(1) $120,000,000 for the planning, design, and
construction of the core system; and
(2) such sums as are necessary for the oper-
ation, maintenance, and replacement of the water
system, including power costs of the Western Area
Power Administration.
(b) NONCORE SYSTEM.—There is authorized to be
appropriated $60,000,000 for the planning, design, and
construction of the noncore system.
(c) COST INDEXING.—The sums authorized to be ap-
propriated under this section may be increased or de-
creased by such amounts as are justified by reason of ordi-
nary fluctuations in development costs incurred after July
1, 1997, as indicated by engineering cost indices applica-
ble for the type of construction involved.
Æ