for the ownership, operation, maintenance, and re-
placement of the system.
SEC. 303. DEFINITIONS.
As used in this title:
(1) BIA.—The term ‘‘BIA’’ means the Bureau
of Indian Affairs, an agency within the Department
of the Interior.
(2) IRRIGATION.—The term ‘‘irrigation’’ means
the commercial application of water to land for the
purpose of establishing or maintaining commercial
agriculture in order to produce field crops and vege-
tables for sale.
(3) RECLAMATION.—The term ‘‘Reclamation’’
means the Bureau of Reclamation, an agency within
the Department of the Interior.
(4) REPORT.—The term ‘‘Report’’ means the
report entitled ‘‘Planning Report/Environmental As-
sessment, Water and Wastewater Improvements,
Jicarilla Apache Nation, Dulce, New Mexico’’, dated
September 2001, which was completed pursuant to
Public Law 106–243.
(5) RESERVATION.—The term ‘‘Reservation’’
means the Jicarilla Apache Reservation in the State
of New Mexico, including all lands and interests in
land that are held in trust by the United States for
the Tribe.
(6) RURAL
WATER
SUPPLY
PROJECT.—The
term ‘‘Rural Water Supply Project’’ means a munic-
ipal, domestic, rural, and industrial water supply
and wastewater facility area and project identified to
serve a group of towns, communities, cities, tribal
reservations, or dispersed farmsteads with access to
clean, safe domestic and industrial water, to include
the use of livestock.
(7) STATE.—The term ‘‘State’’ means the State
of New Mexico.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Bu-
reau of Reclamation.
(9) TRIBE.—The term ‘‘Tribe’’ means the
Jicarilla Apache Nation.
SEC. 304. JICARILLA APACHE RESERVATION RURAL WATER
SYSTEM.
(a) CONSTRUCTION.—The Secretary, in consultation
and collaboration with the Tribe, shall plan, design, and
construct the Rural Water Supply Project to improve the
water supply, delivery, and wastewater facilities to the
town of Dulce, New Mexico, and surrounding communities
for the purpose of providing the benefits of clean, safe,
and reliable water supply, delivery, and wastewater facili-
ties.
(b) SCOPE OF PROJECT.—The Rural Water Supply
Project shall consist of the following:
(1) Facilities to provide water supply, delivery,
and wastewater services for the community of Dulce,
the Mundo Ranch Development, and surrounding
areas on the Reservation.
(2) Pumping and treatment facilities located on
the Reservation.
(3) Distribution, collection, and treatment fa-
cilities to serve the needs of the Reservation, includ-
ing, but not limited to, construction, replacement,
improvement, and repair of existing water and
wastewater systems, including systems owned by in-
dividual tribal members and other residents on the
Reservation.
(4) Appurtenant buildings and access roads.
(5) Necessary property and property rights.
(6) Such other electrical power transmission
and distribution facilities, pipelines, pumping plants,
and facilities as the Secretary deems necessary or
appropriate to meet the water supply, economic,
public health, and environmental needs of the Res-
ervation, including, but not limited to, water storage
tanks, water lines, maintenance equipment, and
other facilities for the Tribe on the Reservation.
(c) COST SHARING.—
(1) TRIBAL SHARE.—Subject to paragraph (3)
and subsection (d), the tribal share of the cost of the
Rural Water Supply Project is comprised of the
costs to design and initiate construction of the
wastewater treatment plant, to replace the diversion
structure on the Navajo River, and to construct raw
water settling ponds, a water treatment plant, water
storage plants, a water transmission pipeline, and
distribution pipelines, and has been satisfied.
(2) FEDERAL
SHARE.—Subject to paragraph
(3) and subsection (d), the Federal share of the cost
of the Rural Water Supply Project shall be all re-
maining costs of the project identified in the Report.
(3) OPERATION AND MAINTENANCE.—The Fed-
eral share of the cost of operation and maintenance
of the Rural Water Supply Project shall continue to
be available for operation and maintenance in ac-
cordance with the Indian Self-Determination Act, as
set forth in this title.
(d) OPERATION, MAINTENANCE, AND REPLACEMENT
AFTER COMPLETION.—Upon determination by the Sec-
retary that the Rural Water Supply Project is substan-
tially complete, the Tribe shall assume responsibility for
and liability related to the annual operation, maintenance,
and replacement cost of the project in accordance with this
title and the Operation, Maintenance, and Replacement
Plan under chapter IV of the Report.
SEC. 305. GENERAL AUTHORITY.
The Secretary is authorized to enter into contracts,
grants, cooperative agreements, and other such agree-
ments and to promulgate such regulations as may be nec-
essary to carry out the purposes and provisions of this
title and the Indian Self-Determination Act (Public Law
93–638; 25 U.S.C. 450 et seq.).
SEC. 306. PROJECT REQUIREMENTS.
(a) PLANS.—
(1) PROJECT PLAN.—Not later than 60 days
after funds are made available for this purpose, the
Secretary shall prepare a recommended project plan,
which shall include a general map showing the loca-
tion of the proposed physical facilities, conceptual
engineering drawings of structures, and general
standards for design for the Rural Water Supply
Project.
(2) OM&R PLAN.—The Tribe shall develop an
operation, maintenance, and replacement plan, which
shall provide the necessary framework to assist the
Tribe in establishing rates and fees for customers of
the Rural Water Supply Project.
(b) 
CONSTRUCTION
MANAGER.—The 
Secretary,
through Reclamation and in consultation with the Tribe,
shall select a project construction manager to work with
the Tribe in the planning, design, and construction of the
Rural Water Supply Project.
(c) MEMORANDUM OF AGREEMENT.—The Secretary
shall enter into a memorandum of agreement with the
Tribe that commits Reclamation and BIA to a transition
plan that addresses operations and maintenance of the
Rural Water Supply Project while the facilities are under
construction and after completion of construction.
(d) OVERSIGHT.—The Secretary shall have oversight
responsibility with the Tribe and its constructing entity
and shall incorporate value engineering analysis as appro-
priate to the Rural Water Supply Project.
(e) TECHNICAL ASSISTANCE.—The Secretary shall
provide such technical assistance as may be necessary to
the Tribe to plan, develop, and construct the Rural Water
Supply Project, including, but not limited to, operation
and management training.
(f) SERVICE AREA.—The service area of the Rural
Water Supply Project shall be within the boundaries of
the Reservation.