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Union Calendar No. 484
106TH CONGRESS
2D SESSION
H. R. 1124
[Report No. 106–824]
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
SEPTEMBER 7, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 16, 1999]
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 2000’’.
SEC. 2. 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 sup-
plies.
SEC. 3. DEFINITIONS.
In this Act:
(1) ASSINIBOINE AND SIOUX RURAL WATER SYS-
TEM.—The term ‘‘Assiniboine and Sioux Rural Water
System’’ means the rural water system within the
Fort Peck Indian Reservation authorized by section 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 (au-
thorized by section 9 of the Act entitled ‘‘An Act au-
thorizing 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 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 within the boundaries of the
Fort Peck Indian Reservation;
(2) pipelines extending from the water treatment
plant throughout the Fort Peck Indian Reservation;
(3) 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 pur-
chased, improved, and repaired in accordance
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;
(4) appurtenant buildings and access roads;
(5) all property and property rights necessary
for the facilities described in this subsection;
(6) electrical power transmission and distribu-
tion facilities necessary for services to Fort Peck Res-
ervation Rural Water System facilities; and
(7) 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 In-
dian 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
Assiniboine and Sioux Rural 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 ap-
proval 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) 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 indi-
vidual 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
Assiniboine and Sioux Rural Water System does
not meet conditions acceptable to the Secretary
that are adequate 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 transfer
to the Fort Peck Tribes, on a nonreimbursable 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 Reservation.
(e) CONSTRUCTION REQUIREMENTS.—The components
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 require-
ments of the service area of the Fort Peck Reservation 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 transferred unless a trans-
fer is authorized by an Act of Congress enacted after the
date of enactment of this Act.
(g) LIMITATION ON AVAILABILITY OF CONSTRUCTION
FUNDS.—The Secretary shall not obligate funds for con-
struction 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 to Congress of a final engineering
report approved by the Secretary; and
(3) the Secretary publishes a written finding
that the water conservation plan developed under sec-
tion 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 train-
ing.
(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 Reservation
shall be subject to the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.).
(j) COST SHARING.—
(1) CONSTRUCTION.—The Federal share of the
cost of construction of the Assiniboine and Sioux
Rural Water System shall be 100 percent, and shall
be funded through annual appropriations to the Bu-
reau of Reclamation.
(2) OPERATION AND MAINTENANCE.—The Fed-
eral share of the cost of operation and maintenance
of the Assiniboine and Sioux Rural Water System
shall be 100 percent, and shall be funded through an-
nual appropriations to the Bureau of Indian Affairs.
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 successor
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, and shall be funded
with amounts appropriated from the reclamation
fund. Such amounts shall not be returnable or
reimbursable under the Federal reclamation
laws.
(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 Prairie
Rural Water System facilities on which Federal funds may
be obligated and expended under this section shall include—
(1) storage, pumping, interconnection, and pipe-
line 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; and
(5) other facilities customary to the development
of rural water distribution systems in the State, in-
cluding 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 plan-
ning, design, and construction of the Dry Prairie
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 ap-
proval 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 serv-
ice 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 to Congress of a final engineering
report approved by the Secretary; and
(3) the Secretary publishes a written finding
that the water conservation plan developed under sec-
tion 7 includes prudent and reasonable water con-
servation measures for the operation of the Dry Prai-
rie Rural Water System that have been shown to be
economically and financially feasible.
(f) INTERCONNECTION OF FACILITIES.—The Secretary
shall—
(1) interconnect the Dry Prairie Rural Water
System with the Assiniboine and Sioux Rural Water
System; and
(2) provide for the delivery of water to the Dry
Prairie Rural Water System from the Missouri River
through the Assiniboine and Sioux Rural Water Sys-
tem.
(g) LIMITATION ON USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—The operation, maintenance,
and replacement expenses associated with water deliv-
eries 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.
(h) TITLE TO DRY PRAIRIE RURAL WATER SYSTEM.—
Title to the Dry Prairie Rural Water System shall be held
by Dry Prairie Rural Water Association, Incorporated.
SEC. 6. USE OF PICK-SLOAN POWER.
(a) IN GENERAL.—From power designated for future
irrigation and drainage pumping for the Pick-Sloan Mis-
souri Basin program, the Western Area Power Administra-
tion shall make available, at the firm power rate, the capac-
ity and energy required to meet the pumping and inci-
dental operational requirements of the Fort Peck Reserva-
tion Rural Water System.
(b) QUALIFICATION TO USE PICK-SLOAN POWER.—
For as long as the Fort Peck Reservation rural water sup-
ply system operates on a not-for-profit basis, the portions
of the water supply project constructed with assistance
under this Act shall be eligible to receive firm power from
the Pick-Sloan Missouri Basin program established by sec-
tion 9 of the Act of December 22, 1944 (chapter 665; 58
Stat. 887), popularly known as the Flood Control Act of
1944.
(c) RECOVERY OF EXPENSES.—
(1) ASSINIBOINE AND SIOUX RURAL WATER SYS-
TEM.—In the case of the Assiniboine and Sioux Rural
Water System, the Western Area Power Administra-
tion shall recover expenses associated with power pur-
chases under subsection (a) through a separate power
charge sufficient to cover such expenses. Such charge
shall be paid fully through the annual appropriations
to the Bureau of Indian Affairs.
(2) DRY PRAIRIE RURAL WATER SYSTEM.—In the
case of the Dry Prairie Rural Water System, the
Western Area Power Administration shall recover ex-
penses associated with power purchases under sub-
section (a) through a separate power charge sufficient
to cover expenses. Such charge shall be paid fully by
the Dry Prairie Rural Water System.
(d) ADDITIONAL POWER.—If power in addition to that
made available under subsection (a) is required to meet the
pumping requirements of the Fort Peck Reservation Rural
Water System, the Administrator of the Western Area
Power Administration may purchase the necessary addi-
tional power at the best available rate. The costs of such
purchases shall be reimbursed to the Administrator accord-
ing to the terms identified in subsection (c).
SEC. 7. WATER CONSERVATION PLAN.
(a) IN GENERAL.—The Fort Peck Tribes and Dry
Prairie Rural Water Association Incorporated shall develop
a water conservation plan containing—
(1) a description of water conservation objectives;
(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 prac-
ticable technology and management techniques to conserve
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.
(a) IN GENERAL.—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 fu-
ture interstate compact or by any past or future legis-
lative or final judicial allocation;
(3) preempt or modify any Federal or State law
or interstate compact concerning water quality or dis-
posal;
(4) confer on any non-Federal entity the author-
ity 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.
(b) OFFSET AGAINST CLAIMS.—Any funds received by
the Fort Peck Tribes pursuant to this Act shall be used to
offset any claims for money damages against the United
States by the Fort Peck Tribes, existing on the date of the
enactment of this Act, for water rights based on a treaty,
compact, executive order, agreement, Act of Congress, ab-
original title, the decision in Winters v. United States, 207
U.S. 564 (1908), or other law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) ASSINIBOINE
AND SIOUX RURAL WATER SYS-
TEM.—There are authorized to be appropriated—
(1) to the Bureau of Reclamation over a period
of 10 fiscal years, $124,000,000 for the planning, de-
sign, and construction of the Assiniboine and Sioux
Rural Water System; and
(2) to the Bureau of Indian Affairs such sums as
are necessary for the operation and maintenance of
the Assiniboine and Sioux Rural Water System.
(b) DRY PRAIRIE RURAL WATER SYSTEM.—There is
authorized to be appropriated, over a period of 10 fiscal
years, $51,000,000 for the planning, design, and construc-
tion 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 October 1, 1998, as indicated
by engineering cost indices applicable for the type of con-
struction involved.
Union Calendar No. 484
106TH CONGRESS
2D SESSION
H. R. 1124
[Report No. 106–824]
A BILL
To authorize construction of the Fort Peck Res-
ervation Rural Water System in the State of
Montana, and for other purposes.
SEPTEMBER 7, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole Hose on the State of the Union,
and ordered to be printed