I
105TH CONGRESS
1ST SESSION
H. R. 2306
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
JULY 30, 1997
Mr. HILL 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 1997’’.
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 Montana, and the water systems that are
available do not meet minimum health and safety
standards and therefore pose a threat to public
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 Montana;
and
(2) to assist the citizens of Roosevelt, Sheridan,
Daniels, and Valley Counties, Montana, outside the
Fort Peck Indian Reservation, in developing safe
and adequate municipal, rural, and industrial water
supplies.
SEC. 3. DEFINITIONS.
In this Act:
(1) COUNTIES
WATER
SYSTEM.—The term
‘‘Counties Water System’’ means the Roosevelt,
(b) COMPONENTS.—The Fort Peck 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 of Plentywood, Scobey,
Flaxville, and Culbertson, Montana;
(4) distribution and treatment facilities to serve
the needs of the Fort Peck Indian Reservation, in-
cluding—
(A) water systems in existence on the date
of enactment of this Act that may be pur-
chased, improved, and repaired in accordance
with the cooperative agreement under sub-
section (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
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.
(c) COOPERATIVE AGREEMENT.—
(1) IN
GENERAL.—The Secretary shall enter
into a cooperative agreement with the Fort Peck
Tribal Executive Board for planning, designing, con-
structing, operating, maintaining, and replacing the
Fort Peck Water System.
(2) MANDATORY PROVISIONS.—The cooperative
agreement under paragraph (1) shall specify, in a
manner that is acceptable to the Secretary and the
Fort Peck Tribal Executive Board—
(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
(C) the rights, responsibilities, and liabil-
ities of each party to the agreement.
(3) OPTIONAL
PROVISIONS.—The cooperative
agreement under paragraph (1) may include provi-
sions relating to the purchase, improvement, and re-
pair of water systems in existence on the date of en-
actment of this Act, including systems owned by in-
dividual tribal members and other residents of the
Fort Peck Indian Reservation.
(4) TERMINATION.—The Secretary may termi-
nate a cooperative agreement under paragraph (1) if
the Secretary determines that—
(A) the quality of construction does not
meet all standards established for similar facili-
ties constructed by the Secretary; or
(B) the operation and maintenance of the
Fort Peck Water System does not meet condi-
tions acceptable to the Secretary that are ade-
quate to fulfill the obligations of the United
States to the Fort Peck tribes.
(5) TRANSFER.—On execution of a cooperative
agreement under paragraph (1), in accordance with
the cooperative agreement, the Secretary may trans-
fer to the Fort Peck tribes, on a nonreimbursable
basis, funds made available for the Fort Peck Water
System under section 7.
(d) SERVICE AREA.—The service area of the Fort
Peck Water System shall be—
(1) the area within the boundaries of the Fort
Peck Indian Reservation; and
(2) the service area of the Counties Water Sys-
tem described in section 5(d).
(e) CONSTRUCTION REQUIREMENTS.—The compo-
nents of the Fort Peck Water System shall be planned
and constructed to a size sufficient to meet the municipal,
rural, and industrial water supply requirements of the
service area of the Fort Peck Water System described in
subsection (d).
(f) TITLE TO FORT PECK WATER SYSTEM.—Title to
the Fort Peck Water System shall be held in trust by the
United States for the Fort Peck tribes and shall not be
transferred unless a transfer is authorized by an Act of
Congress 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 Fort Peck 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 Fort Peck Water Sys-
tem; and
(2) a final engineering report for the Fort Peck
Water System is approved by the Secretary.
(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 Fort Peck Water System, in-
cluding operation and management training.
(i) APPLICATION OF INDIAN SELF-DETERMINATION
ACT.—Planning, design, construction, operation, mainte-
nance, and replacement of the Fort Peck Water System
within the Fort Peck Indian Reservation shall be subject
to the Indian Self-Determination Act (25 U.S.C. 450f et
seq.).
(j) USE OF PICK-SLOAN POWER.—
(1) IN GENERAL.—The Fort Peck Water Sys-
tem shall use power from Pick-Sloan for operation.
The use of the power shall be considered to be a
project use pumping requirement of Pick-Sloan.
(2) RESERVATION
OF
POWER.—Power identi-
fied for future project use pumping shall be reserved
for and made available for the purpose authorized by
paragraph (1).
(3) RATE.—The rate for project use power
made available under paragraph (2) shall be the
wholesale firm power rate for Pick-Sloan (Eastern
Division) in effect at the time at which the power is
sold.
(4) ADDITIONAL POWER.—
(A) IN GENERAL.—If power in addition to
that made available under paragraph (2) is re-
quired to meet the pumping requirements of the
service area of the Fort Peck Water System de-
scribed in subsection (d), the Administrator of
the Western Area Power Administration may
purchase the necessary additional power under
such terms and conditions as the Administrator
determines to be appropriate.
(B) RECOVERY OF EXPENSES.—Expenses
associated with power purchases under subpara-
graph (A) shall be recovered through a separate
power charge, sufficient to recover the expenses,
applied to the Fort Peck Water System.
SEC. 5. ROOSEVELT, SHERIDAN, DANIELS, AND VALLEY
COUNTIES RURAL WATER SYSTEM.
(a) PLANNING AND CONSTRUCTION.—
(1) 
AUTHORIZATION.—The 
Secretary 
shall
enter into a cooperative agreement with appropriate
non-Federal entities to provide Federal funds for the
planning, design, and construction of the Roosevelt,
Sheridan, Daniels, and Valley Counties 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 the planning, design, and con-
struction of the Counties Water System shall be
not more than 75 percent.
(B) COOPERATIVE AGREEMENTS.—Federal
funds made available to carry out this section
may be obligated and expended only through a
cooperative agreement described in subsection
(c).
(b) COMPONENTS.—The components of the Counties
Water System on which Federal funds may be obligated
and expended under this section shall include—
(1) water intake, pumping, treatment, storage,
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 services to Counties
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 Montana.
(c) COOPERATIVE AGREEMENT.—
(1) IN GENERAL.—The Secretary, with the con-
currence of the Fort Peck Reservation Rural Water
System Board, shall enter into a cooperative agree-
ment with appropriate non-Federal entities to pro-
vide Federal assistance for the planning, design, and
construction of the Counties Water System.
(2) MANDATORY PROVISIONS.—The cooperative
agreement under paragraph (1) shall specify, in a
manner that is acceptable to the Secretary—
(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
(C) the rights, responsibilities, and liabil-
ities of each party to the agreement.
(d) SERVICE AREA.—The service area of the Coun-
ties Water System shall be the area in Montana north of
the Missouri River, south of the border between the Unit-
ed States and Canada, west of the border between the
States of North Dakota and Montana, and east of a north-
south line between the Missouri River and the Canadian
border, which line passes through the westernmost bound-
ary of the city of Glasgow, except that the service area
shall not include the area inside the Fort Peck Indian Res-
ervation.
(e) LIMITATION ON AVAILABILITY OF CONSTRUCTION
FUNDS.—The Secretary shall not obligate funds for con-
struction of the Counties Water System before the date
that is 90 days after the date of submission of a final
engineering report to Congress.
(f) INTERCONNECTION OF FACILITIES AND WAIVER
OF CHARGES.—The Secretary may—
(1) interconnect the Counties Water System
with the Fort Peck Water System; and
(2) provide for the delivery of water to the
Counties Water System, without charge, from the
Missouri River through the Fort Peck Water Sys-
tem.
(g) LIMITATION ON USE OF FEDERAL FUNDS.—The
operation and maintenance expenses associated with water
deliveries to the Counties Water System shall be a non-
Federal responsibility. The Secretary may not obligate or
expend any Federal funds for the operation, maintenance,
or replacement of the Counties Water System.
SEC. 6. 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 waters 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 waters
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 or Indian water compact held by the
Fort Peck tribes or by any other Indian tribe or in-
dividual Indian under Federal or State law.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) FORT PECK WATER SYSTEM.—There are author-
ized to be appropriated—
(1) 
over 
a 
period 
of 
fiscal 
years,
$109,000,000 for the planning, design, and con-
struction of the Fort Peck Water System; and
(2) such sums as are necessary for the oper-
ation and maintenance of the Fort Peck Water Sys-
tem.
(b) COUNTIES WATER SYSTEM.—There are author-
ized to be appropriated such sums as are necessary to
carry out section 5.
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