I
106TH CONGRESS
1ST SESSION
H. R. 1124
To authorize construction of the Fort Peck Reservation Rural Water System
in the State of Montana, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1999
Mr. HILL of Montana introduced the following bill; which was referred to the
Committee on Resources
A BILL
To authorize construction of the Fort Peck Reservation
Rural Water System in the State of Montana, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fort Peck Reservation
Rural Water System Act of 1999’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) there are insufficient water supplies avail-
able to residents of the Fort Peck Indian Reserva-
tion in the State of Montana, and the water systems
that are available do not meet minimum health and
safety standards and therefore pose a threat to pub-
lic health and safety;
(2) the United States has a trust responsibility
to ensure that adequate and safe water supplies are
available to meet the economic, environmental, water
supply, and public health needs of the Fort Peck In-
dian Reservation; and
(3) the best available, reliable, and safe rural
and municipal water supply to serve the needs of the
Fort Peck Indian Reservation is the Missouri River.
(b) PURPOSES.—The purposes of this Act are—
(1) to ensure a safe and adequate municipal,
rural, and industrial water supply for the residents
of the Fort Peck Indian Reservation in the State of
Montana; and
(2) to assist the citizens of Roosevelt, Sheridan,
Daniels, and Valley Counties in the State, outside
the Fort Peck Indian Reservation, in developing safe
and adequate municipal, rural, and industrial water
supplies.
SEC. 3. DEFINITIONS.
In this Act:
(1) ASSINIBOINE
AND
SIOUX
RURAL
WATER
SYSTEM.—The term ‘‘Assiniboine and Sioux Rural
Water System’’ means the rural water system within
the Fort Peck Indian Reservation authorized by sec-
tion 4.
(2) DRY PRAIRIE RURAL WATER SYSTEM.—The
term ‘‘Dry Prairie Rural Water System’’ means the
rural water system authorized by section 5 in the
Roosevelt, Sheridan, Daniels, and Valley Counties of
the State.
(3) FORT PECK RESERVATION RURAL WATER
SYSTEM.—The term ‘‘Fort Peck Reservation Rural
Water System’’ means the Assiniboine and Sioux
Rural Water System and the Dry Prairie Rural
Water System.
(4) FORT PECK TRIBES.—The term ‘‘Fort Peck
tribes’’ means the Assiniboine and Sioux Indian
Tribes within the Fort Peck Indian Reservation.
(5) 
PICK-SLOAN.—The 
term 
‘‘Pick-Sloan’’
means the Pick-Sloan Missouri River Basin Program
(authorized by section 9 of the Act entitled ‘‘An Act
authorizing the construction of certain public works
on rivers and harbors for flood control, and for other
purposes’’, approved December 22, 1944 (commonly
known as the ‘‘Flood Control Act of 1944’’) (58
Stat. 891)).
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(7) STATE.—The term ‘‘State’’ means the State
of Montana.
SEC. 4. ASSINIBOINE AND SIOUX RURAL WATER SYSTEM.
(a) AUTHORIZATION.—The Secretary shall plan, de-
sign, construct, operate, maintain, and replace a munic-
ipal, rural, and industrial water system, to be known as
the ‘‘Assiniboine and Sioux Rural Water System’’, as gen-
erally described in the report entitled ‘‘Technical Report
for the Fort Peck Reservation Rural Water System’’ and
dated May 1996, as finalized by the report required by
subsection (g)(2).
(b) COMPONENTS.—The Assiniboine and Sioux Rural
Water System shall consist of—
(1) pumping and treatment facilities located
along the Missouri River near Poplar, Montana;
(2) pipelines extending from the Missouri River
near Poplar, Montana, throughout the Fort Peck In-
dian Reservation;
(3) facilities to allow for future interconnections
to areas outside the Fort Peck Indian Reservation,
including the communities within the service area of
the Dry Prairie Rural Water System;
(4) distribution and treatment facilities to serve
the needs of the Fort Peck Indian Reservation,
including—
(A) public water systems in existence on
the date of enactment of this Act that may be
purchased, improved, and repaired in accord-
ance with the cooperative agreement entered
into under subsection (c); and
(B) water systems owned by individual
tribal members and other residents of the Fort
Peck Indian Reservation;
(5) appurtenant buildings and access roads;
(6) all property and property rights necessary
for the facilities described in this subsection;
(7) electrical power transmission and distribu-
tion facilities necessary for services to Fort Peck
Reservation Rural Water System facilities; and
(8) such other pipelines, pumping plants, and
facilities as the Secretary determines to be appro-
priate to meet the water supply, economic, public
health, and environmental needs of the Fort Peck
Indian Reservation, including water storage tanks,
water lines, and other facilities for the Fort Peck
tribes and the villages, towns, and municipalities in
the Fort Peck Indian Reservation.
basis, funds made available for the Assiniboine and
Sioux Rural Water System under section 9.
(d) SERVICE AREA.—The service area of the Assini-
boine and Sioux Rural Water System shall be the area
within the boundaries of the Fort Peck Indian Reserva-
tion.
(e) CONSTRUCTION REQUIREMENTS.—The compo-
nents of the Assiniboine and Sioux Rural Water System
shall be planned and constructed to a size that is sufficient
to meet the municipal, rural, and industrial water supply
requirements of the service area of the Fort Peck Reserva-
tion Rural Water System.
(f) TITLE
TO ASSINIBOINE
AND SIOUX RURAL
WATER SYSTEM.—Title to the Assiniboine and Sioux
Rural Water System shall be held in trust by the United
States for the Fort Peck tribes and shall not be trans-
ferred unless a transfer is authorized by an Act of Con-
gress enacted after the date of enactment of this Act.
(g) LIMITATION ON AVAILABILITY OF CONSTRUC-
TION FUNDS.—The Secretary shall not obligate funds for
construction of the Assiniboine and Sioux Rural Water
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 Assiniboine and Sioux
Rural Water System;
(2) on or after the date that is 90 days after
the date of submission of a final engineering report
to Congress; and
(3) the Secretary publishes a written finding
that the water conservation plan developed under
section 7 includes prudent and reasonable water con-
servation measures for the operation of the Assini-
boine and Sioux Rural Water System that have been
shown to be economically and financially feasible.
(h) TECHNICAL ASSISTANCE.—The Secretary shall
provide such technical assistance as is necessary to enable
the Fort Peck tribes to plan, design, construct, operate,
maintain, and replace the Assiniboine and Sioux Rural
Water System, including operation and management
training.
(i) APPLICATION OF INDIAN SELF-DETERMINATION
ACT.—Planning, design, construction, operation, mainte-
nance, and replacement of the Assiniboine and Sioux
Rural Water System within the Fort Peck Indian Reserva-
tion shall be subject to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM.
(a) PLANNING AND CONSTRUCTION.—
(1) 
AUTHORIZATION.—The 
Secretary 
shall
enter into a cooperative agreement with Dry Prairie
Rural Water Association Incorporated (or any suc-
cessor non-Federal entity) to provide Federal funds
for the planning, design, and construction of the Dry
Prairie Rural Water System in Roosevelt, Sheridan,
Daniels, and Valley Counties, Montana, outside the
Fort Peck Indian Reservation.
(2) USE OF FEDERAL FUNDS.—
(A) FEDERAL SHARE.—The Federal share
of the cost of planning, design, and construction
of the Dry Prairie Rural Water System shall be
not more than 76 percent.
(B) COOPERATIVE AGREEMENTS.—Federal
funds made available to carry out this section
may be obligated and expended only through a
cooperative agreement entered into under sub-
section (c).
(b) COMPONENTS.—The components of the Dry Prai-
rie Rural Water System facilities on which Federal funds
may be obligated and expended under this section shall
include—
(1) storage, pumping, interconnection, 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 Dry Prairie
Rural Water System facilities;
(5) planning and design services for all facili-
ties; and
(6) other facilities and services customary to
the development of rural water distribution systems
in the State, including supplemental water intake,
pumping, and treatment facilities.
(c) COOPERATIVE AGREEMENT.—
(1) IN GENERAL.—The Secretary, with the con-
currence of the Assiniboine and Sioux Rural Water
System Board, shall enter into a cooperative agree-
ment with Dry Prairie Rural Water Association In-
corporated to provide Federal assistance for the
planning, design, and construction of the Dry Prai-
rie Rural Water System.
(2) MANDATORY PROVISIONS.—The cooperative
agreement under paragraph (1) shall specify, in a
manner that is acceptable to the Secretary and Dry
Prairie Rural Water Association Incorporated—
(A) the responsibilities of each party to the
agreement for—
(i) needs assessment, feasibility, and
environmental studies;
(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.
(d) SERVICE AREA.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the service area of the Dry Prairie Rural
Water System shall be the area in the State—
(A) north of the Missouri River;
(B) south of the border between the
United States and Canada;
(C) west of the border between the States
of North Dakota and Montana; and
(D) east of the western line of range 39
east.
(2) FORT
PECK
INDIAN
RESERVATION.—The
service area shall not include the area inside the
Fort Peck Indian Reservation.
(e) LIMITATION ON AVAILABILITY OF CONSTRUCTION
FUNDS.—The Secretary shall not obligate funds for con-
struction of the Dry Prairie Rural Water 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 Dry Prairie Rural Water
System;
(2) on or after the date that is 90 days after
the date of submission of a final engineering report
to Congress; and
(3) the Secretary publishes a written finding
that the water conservation plan developed under
section 7 includes prudent and reasonable water con-
servation measures for the operation of the Dry
Prairie Rural Water System that have been shown
to be economically and financially feasible.
(f) INTERCONNECTION OF FACILITIES.—
(1) IN GENERAL.—The Secretary shall—
(A) interconnect the Dry Prairie Rural
Water System with the Assiniboine and Sioux
Rural Water System; and
(B) provide for the delivery of water to the
Dry Prairie Rural Water System from the Mis-
souri River through the Assiniboine and Sioux
Rural Water System.
(2) CHARGES.—The Secretary shall not charge
for the corpus of the water delivered.
(g) LIMITATION ON USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—The operation and mainte-
nance expenses associated with water deliveries from
the Assiniboine and Sioux Rural Water System to
the Dry Prairie Rural Water System shall not be a
Federal responsibility and shall be borne by the Dry
Prairie Rural Water System.
(2) FEDERAL FUNDS.—The Secretary may not
obligate or expend any Federal funds for the oper-
ation, maintenance, or replacement of the Dry Prai-
rie Rural Water System.
SEC. 6. USE OF PICK-SLOAN POWER.
(a) IN GENERAL.—The Fort Peck Reservation Rural
Water System shall use power from the Pick-Sloan East-
ern Division to start up and operate the Assiniboine and
Sioux Rural Water System and the Dry Prairie Rural
Water System.
(b) RESERVATION OF POWER.—
(1) IRRIGATION SEASON.—During the irrigation
season, Pick-Sloan Eastern Division power identified
for future project use pumping shall be reserved for
and made available for the purpose authorized by
subsection (a).
(2) NONIRRIGATION SEASON.—During the non-
irrigation season, Pick-Sloan Eastern Division pref-
erence power shall used 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 non-irrigation season, the whole-
sale firm power rate.
(d) ADDITIONAL POWER.—If power in addition to
that made available under subsection (b) is required to
meet the pumping requirements of the service area of the
Fort Peck Reservation Rural Water System described in
sections 4 and 5, the Administrator of the Western Area
Power Administration may purchase the necessary addi-
tional power under such terms and conditions as the Ad-
ministrator determines to be appropriate.
(e) RECOVERY OF EXPENSES.—
(1) ASSINIBOINE
AND
SIOUX
RURAL
WATER
SYSTEM.—In the case of the Assiniboine and Sioux
Rural Water System, expenses associated with power
purchases under subsections (a) and (d) shall be re-
covered through a separate power charge, sufficient
to cover expenses, applied to the Assiniboine and
Sioux Rural Water System’s operation and mainte-
nance cost.
(2) DRY PRAIRIE RURAL WATER SYSTEM.—In
the case of the Dry Prairie Rural Water System, ex-
penses associated with power purchases under sub-
sections (a) and (d) shall be recovered through a
separate power charge, sufficient to cover expenses,
to be paid fully by the Dry Prairie Rural Water Sys-
tem.
SEC. 7. WATER CONSERVATION PLAN.
(a) IN GENERAL.—The Fort Peck tribes and Dry
Prairie Rural Water Association Incorporated shall de-
velop a water conservation plan containing—
(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 meas-
ures and this Act to meet the water conservation ob-
jectives.
(b) PURPOSE.—The water conservation plan under
subsection (a) shall be designed to ensure that users of
water from the Assiniboine and Sioux Rural Water System
and the Dry Prairie Rural Water 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. 8. 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 Fort Peck tribes to
water, located within or outside the external bound-
aries of the Fort Peck Indian Reservation, based on
a treaty, compact, executive 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 Fort Peck tribes or by any other Indian
tribe or individual Indian under Federal or State
law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) FORT PECK RESERVATION RURAL WATER SYS-
TEM.—There are authorized to be appropriated—
(1) 
over 
a 
period 
of 
fiscal 
years,
$103,000,000 for the planning, design, and con-
struction of the Assiniboine and Sioux Rural Water
System; and
(2) such sums as are necessary for the oper-
ation and maintenance of the Assiniboine and Sioux
Rural Water System, including power costs of the
Western Area Power Administration.
(b) DRY PRAIRIE RURAL WATER SYSTEM.—There is
authorized to be appropriated $60,000,000 for the plan-
ning, design, and construction of the Dry Prairie Rural
Water System.
(c) COST INDEXING.—The funds authorized to be ap-
propriated may be increased or decreased by such amounts
as are justified by reason of ordinary fluctuations in devel-
opment costs incurred after January 1, 1996, as indicated
by engineering cost indices applicable for the type of con-
struction involved.
Æ