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 con-
struction 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 assist-
ance to the North Central Montana Regional Water Au-
thority for the planning, design, and construction of the 
noncore system, 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 ‘‘Rocky Boy’s/North 
Central Montana Regional Water System Act of 2001’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that—
(1) the water systems serving residents of the 
Rocky Boy’s Reservation in the State of Montana—
(A) do not meet minimum health and safe-
ty standards; 
(B) pose a threat to public health and 
safety; and 
(C) are inadequate to supply the water 
needs of the Chippewa Cree Tribe; 
(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 Reservation; 
(3) the entities administering the rural and mu-
nicipal water systems in North Central Montana are 
having difficulty complying with regulations promul-
gated under the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); and
(4) to require the Secretary, at the request of 
the Chippewa Cree Tribe, to enter into a self-govern-
ance agreement with the Tribe under title IV of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 458aa et seq.), under which the 
Tribe will plan, design, construct, operate, maintain, 
and replace (including service connections to commu-
nities and individuals)—
(A) the core system of the water supply 
system; and 
(B) on-Reservation water distribution sys-
tems. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AUTHORITY.—The term ‘‘Authority’’ means 
the North Central Montana Regional Water Author-
ity established under State law to allow public agen-
cies to join together to secure and provide water for 
resale. 
(2) CORE SYSTEM.—The term ‘‘core system’’ 
means a component of the water system described in 
section 4(a)(5) and the study. 
(3) NONCORE
SYSTEM.—The term ‘‘noncore 
system’’ means the rural water system for Chouteau,
Hill, Liberty, Pondera, Teton, and Toole Counties, 
Montana, described in section 5(c) and the study. 
(4) RESERVATION.—
(A) IN
GENERAL.—The term ‘‘Reserva-
tion’’ means the Rocky Boy’s Reservation in the 
State. 
(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 sys-
tem—
(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