In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Waiver Fairness Act of 
2011''.

SEC. 2. PPACA WAIVER PROCESS.

    (a) In General.--Title I of the Patient Protection and Affordable 
Care Act (Public Law 111-148) is amended by adding at the end the 
following new subtitle:

                      ``Subtitle G--Waiver Process

``SEC. 1601. ESTABLISHMENT OF WAIVER PROCESS.

    ``(a) In General.--The applicable authorities (as defined in 
subsection (c)) shall collectively establish a process (in this section 
referred to as the `waiver process') under which the administrator of a 
health plan, an employer, an individual, or other entity may seek to 
waive the application of a requirement under this title with respect to 
such plan, employer, individual, or entity. Among the requirements 
under this title, such process shall apply to the following:
            ``(1) Section 5000A of the Internal Revenue Code of 1986 
        (relating to requirement to maintain minimum essential 
        coverage), as inserted by section 1501(b).
            ``(2) Section 6055 of the Internal Revenue Code of 1986 
        (relating to reporting of health insurance coverage), as 
        inserted by section 1502(a).
            ``(3) Section 18A of the Fair Labor Standards Act of 1938 
        (42 U.S.C. 218a, relating to automatic enrollment for employees 
        of large employers), as inserted by section 1511.
            ``(4) Section 18B of the Fair Labor Standards Act of 1938 
        (42 U.S.C. 218b, relating to notice to employees), as inserted 
        by section 1512.
            ``(5) Section 4980H of the Internal Revenue Code of 1986 
        (relating to shared responsibility for employers regarding 
        health coverage), as inserted by section 1513(a).
            ``(6) Section 6056 of the Internal Revenue Code of 1986 
        (relating to certain employers required to report on health 
        insurance coverage), as inserted by section 1514(a).
            ``(7) Section 10108 (relating to free choice vouchers).
            ``(8) Regulations regarding the treatment of group health 
        plans or health insurance coverage as a grandfathered health 
        plan (as defined in section 1251(e)).
            ``(9) Section 2718(b) of the Public Health Service Act 
        (relating to medical loss ratios), as inserted by section 1001.
    ``(b) Waiver Process.--
            ``(1) In general.--The applicable authorities shall 
        establish the waiver process consistent with the following:
                    ``(A) Notice and guidance.--Public notice and 
                guidance shall be provided regarding the process for 
                submission of waiver requests.
                    ``(B) Standard.--A waiver request with respect to 
                the application of a requirement to a plan, employer, 
                individual, or entity shall be accompanied by a 
                statement that--
                            ``(i) identifies the specific requirement 
                        (or requirements) to be waived; and
                            ``(ii) describes how the imposition of each 
                        specific requirement for which a waiver is 
                        requested on the plan, employer, individual, or 
                        entity would result in a significant decrease 
                        in access to coverage or a significant increase 
                        in premiums or other costs for such plan, 
                        employer, individual, or entity.
                    ``(C) Deemed approval.--A waiver request filed that 
                is accompanied by such a statement shall be deemed to 
                be approved.
                    ``(D) Publication of data.--The applicable 
                authorities shall regularly publish data regarding the 
                waiver requests received for the different 
                requirements.
            ``(2) Treatment of approved waivers.--In the case of 
        approval under the waiver process of a waiver request with 
        respect to a requirement of this title and an entity, 
        notwithstanding any other provision of law, such requirement 
        shall not apply to such entity on and after the date of 
        approval of the request.
            ``(3) Relation to other exemptions and exceptions.--Nothing 
        in this section shall be construed as superceding other 
        provisions of this title insofar as they provide for 
        exceptions, exemptions, or other special treatment with respect 
        to requirements under this title.
    ``(c) Applicable Authority.--In this section, the term `applicable 
authority' means--
            ``(1) except as otherwise provided in this subsection, the 
        Secretary of Health and Human Services;
            ``(2) the Secretary of Labor with respect to the provisions 
        of this title, including amendments made by this title, that 
        are administered by such Secretary; and
            ``(3) the Secretary of the Treasury with respect to the 
        provisions of this title, including amendments made by this 
        title, that are administered by such Secretary, including 
        sections of the Internal Revenue Code of 1986 specified in 
        subsection (a).
    ``(d) References to Requirements Under This Title.--In this 
section, a reference to a requirement under this title include such a 
requirement under an amendment made by this title, including as amended 
by title X of this Act or by the provisions of the Health Care and 
Education Reconciliation Act of 2010 (Public Law 111-152).
    ``(e) Public Awareness Campaign.--Of the amounts available in the 
Prevention and Public Health Fund established under section 4002, 
notwithstanding any other provision of law, $50,000,000 shall be 
available to and expended by the Secretary of Health and Human Services 
to conduct, in coordination with other applicable authorities, a public 
awareness campaign of the waiver process. Amounts made available under 
this subsection shall remain available until expended.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title I the 
following:

                      ``Subtitle G--Waiver Process

``Sec. 1601. Establishment of waiver process.''.

A: Health Care Waiver Fairness Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to require the Secretary of Health and Human Services (HHS), the Secretary of Labor, and the Secretary of Treasury to establish waiver processes under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a health insurance coverage requirement under PPACA. Sets forth PPACA requirements that may be waived, including those related to minimum essential coverage and employers offering health care coverage to employees.

Establishes requirements for the waiver process, including requiring submission of a statement describing how the imposition of the PPACA requirement would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. Deems to be approved any waiver including such a statement.

Requires the Secretary of HHS to conduct a public awareness campaign of the waiver process with funds made available for the Prevention and Public Health Fund.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Soledad Canyon Mine Act''.

SEC. 2. FINDING AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Transit Mix Concrete Corporation holds two valid 
        Federal contracts, numbered CA-20139 and CA-22901, issued under 
        the Materials Act of 1947, for the extraction of approximately 
        56,000,000 tons of sand and gravel from the Federal mineral 
        estate in lands located in Soledad Canyon adjacent to the city 
        of Santa Clarita, California.
            (2) It is in the best interest of the citizens of 
        California and the Federal Government to cancel the Contracts 
        and prohibit future mining in the Soledad Canyon area of 
        California.
            (3) TMC should receive as just compensation for such 
        cancellation the fair market value of the Contracts and all 
        costs, fees, and covered liabilities incurred by TMC in good 
        faith in its efforts to develop the Contracts.
            (4) A site-specific solution that is fair to TMC and that 
        seeks to protect the environment and minimize impacts on local 
        transportation systems is in the best interest of the Nation.
            (5) Considerable sums of money have been expended by TMC 
        and the city of Santa Clarita on legal and other services in 
        trying to ensure their interests are protected with respect to 
        Contracts CA-20139 and CA-22901.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide to the Bureau of Land Management the 
        authority to cancel contracts CA-20139 and CA-22901 and 
        prohibit future mining in the Soledad Canyon.
            (2) To provide a means for TMC to recover as just 
        compensation for the cancellation of the Contracts the fair 
        market value of, and TMC's expenditures and covered liabilities 
        pursuing the development of, the Contracts.
            (3) To provide the Bureau of Land Management tools to 
        verify expenses incurred by TMC and provide relief.
            (4) To provide timelines for the verification of costs 
        incurred by TMC and the determination of just compensation, and 
        to provide a dispute resolution process.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Contracts.--The term ``Contracts'' means Bureau of Land 
        Management mineral contracts numbered CA-20139 and CA-22901.
            (2) Covered liabilities.--The term ``covered liabilities'' 
        includes any court-ordered or court-approved payment, 
        settlement, or other liability on the part of TMC for damages, 
        costs, compensation, or reimbursement to any third party for 
        agreements entered into by TMC in good faith prior to January 
        1, 2008, in order to exercise rights under the Contracts.
            (3) Materials act of 1947.--The term ``Materials Act of 
        1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat. 
        681; 30 U.S.C. 601-604).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) TMC.--The term ``TMC'' means the Transit Mixed Concrete 
        Corporation and its successors in interest, including CEMEX 
        USA.

SEC. 4. CANCELLATION OF THE CONTRACTS.

    (a) Contract Cancellations.--The Secretary shall cancel Bureau of 
Land Management mineral contracts CA-20139 and CA-22901 and withdraw 
those areas that were subject to the Contracts from further mineral 
entry under all mineral leasing and sales authorities available to the 
Secretary, effective on the date of the enactment of this Act.
    (b) Compensation.--
            (1) In general.--As compensation for the cancellation of 
        the Contracts, TMC shall receive fair market value of the 
        Contracts and TMC's expenditures and covered liabilities in 
        trying to bring the Contracts into commercial production. As 
        such compensation, the Secretary shall provide to TMC surface 
        and mineral interests and additional value in accordance with 
        subsection (d) having a total value equal to the amount 
        described in paragraph (3). All such expenditures must have 
        been incurred by TMC in good faith in connection with its 
        efforts to bring the Contracts into commercial production: 
        Provided, however, that compensation for covered liabilities 
        may be paid to TMC under this section for up to 15 years 
        following the effective date of this Act.
            (2) Increase in adjusted basis of contract upon 
        cancellation.--For purposes of the Internal Revenue Code of 
        1986, the adjusted basis of any contract to which section 4(a) 
        applies shall be increased (immediately before the cancellation 
        of such contract under such section) by the excess (if any) 
        of--
                    (A) the fair market value of such contract 
                (determined immediately before such cancellation), over
                    (B) the adjusted basis of such contract (as 
                determined immediately before the application of this 
                section).
            (3) Value described.--The compensation provided for in 
        paragraph (1) is equal to the sum of the following:
                    (A) All amounts paid to the United States by TMC 
                with respect to the Contracts as bonus bids or other 
                prepayments.
                    (B) Interest on amounts referred to in subparagraph 
                (A), from the date of payment of such amounts to the 
                United States, at a rate determined by the Secretary.
                    (C) Amounts expended by TMC in securing the 
                contracts and trying to bring them into production, 
                including--
                            (i) all actual costs, including fees, 
                        associated with the engineering and 
                        environmental studies, and permitting 
                        proceedings, that were incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        under the Contract terms; and
                            (ii) all actual legal costs, including fees 
                        and covered liabilities, incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        in the Contracts, including all fees and costs 
                        associated with securing permits and 
                        entitlements, litigation to compel, secure, or 
                        defend permits or entitlements, and litigation 
                        in connection with disputes relating to mineral 
                        and surface estate rights to the property that 
                        is the subject of the Contracts.
                    (D) The fair market value of the Contracts.
            (4) Determination of fair market value.--The Secretary 
        shall, within six months after the date of enactment of this 
        Act, determine by mineral appraisal the fair market value of 
        the contracts at the time of such determination for purposes of 
        paragraph (3)(D), determine by mineral appraisal or other 
        generally accepted applicable appraisal techniques the fair 
        market value of the surface and mineral estate identified in 
        the map referred to in subsection (d), and notify TMC of those 
        determinations. In determining the fair market value of the 
        Contracts, the Secretary shall assume that--
                    (A) TMC has obtained all permits and entitlements 
                necessary to mine, produce, process, and sell sand and 
                gravel from the Contracts;
                    (B) mining operations under the Contracts have 
                commenced at the time of the determination, with 
                maximum annual production volumes that--
                            (i) are based on the projected supply and 
                        demand outlook at the time of determination; 
                        and
                            (ii) reflect depletion of the reserves of 
                        the Contracts within the effective periods of 
                        the Contract;
                    (C) the fair market value of the Contracts includes 
                the present value of expected future net cash flows to 
                be derived from the mining, producing, processing, and 
                sale of the sand and gravel contained in the Contracts 
                over the minimum time necessary to mine, produce, 
                process, and sell such sand and gravel, taking into 
                consideration--
                            (i) the material deposit contained in the 
                        contract sites and its quality, volume, 
                        minability, and reclamation requirements;
                            (ii) the proximity of the contract sites to 
                        markets;
                            (iii) the type of market that could be 
                        served from the contract sites, including 
                        future supply, demand, and probable price 
                        increases based upon construction material data 
                        developed by the State of California;
                            (iv) the cost of mining, producing, 
                        processing, and selling the material reserved 
                        in the contract sites;
                            (v) the types and costs of transportation 
                        for such production from the contract sites to 
                        markets;
                            (vi) royalties, taxes, and fees to mine and 
                        sell the production from the contract sites;
                            (vii) similar market sales of materials the 
                        area or region of the contract sites; and
                            (viii) the net present values of expected 
                        future cash flows from proposed mining 
                        operations of the Contract sites taking into 
                        consideration, at a minimum, the matters 
                        referred to in clauses (i) through (viii).
    (c) Submission of Expenses Incurred.--
            (1) In general.--To assist in the verification of the 
        amounts expended referred to in subsection (b)(3)(C), TMC shall 
        submit to the Secretary within 60 days after the date of 
        enactment of this Act an itemized list of such amounts, with 
        enough detail and supporting documentation so the Secretary can 
        determine that the expenses are associated with the Contracts.
            (2) Arbitration.--The Secretary shall issue the 
        determination of the amounts expended referred to in subsection 
        (b)(3)(C) within 60 days after receipt of the itemized list 
        required under paragraph (1). If the Secretary disapproves such 
        list, the Secretary shall, upon request of TMC, determine the 
        economic value invested for purposes of subsection (b)(3) 
        through arbitration in accordance with subchapter IV of chapter 
        5 of title 5, United States Code.
    (d) Return of Value Opportunities for TMC.--
            (1) In general.--Within six months after the completion of 
        the requirements of subsections (b) and (c), the Secretary 
        shall provide to TMC the following:
                    (A) Surface and mineral estate interests and 
                additional value under subsection (b)(1) using the 
                surface and mineral estate as described and delineated 
                as Area A on the map entitled ``Cemex USA and City of 
                Victorville, California Land Disposal and Acquisition 
                Agreement'' and on file with the Secretary, consisting 
                of approximately 5,000 acres.
                    (B) If the fair market value of the surface and 
                mineral estate used under subparagraph (A) is less than 
                the sum described in subsection (b)(3), additional 
                mineral or surface estate under subsection (b)(1) using 
                the surface and mineral estate as described and 
                delineated as Area B on the map entitled ``Cemex USA 
                and City of Victorville, California Land Disposal and 
                Acquisition Agreement'' and on file with the Secretary, 
                consisting of approximately 3,000 acres as is necessary 
                so that the sum of the values provided under 
                subparagraph (A) and this subparagraph does not exceed 
                the sum described in subsection (b)(3).
                    (C) If the sum of the fair market values of the 
                surface and mineral estates and additional value 
                provided under subparagraphs (A) and (B) is less that 
                the sum described in subsection (b)(3), additional 
                value as is necessary so that the sum of the values 
                provided under subparagraphs (A) and (B) and this 
                subparagraph does not exceed the sum described in 
                subsection (b)(3), in the form of one or more of the 
                following that are mutually agreed to by the Secretary 
                and TMC:
                            (i) Credits that may be applied against 
                        future royalties, bonus bids, or rental fees 
                        for Federal lands administered by the Secretary 
                        and located within the State of California, 
                        including leases for all submerged lands of the 
                        outer Continental Shelf.
                            (ii) Interest in the mineral estate in 
                        Federal lands in the State of California that 
                        are available for sale under the Mineral 
                        Leasing Act (30 U.S.C. 181 et seq.) or other 
                        law administered by the Secretary.
                            (iii) Interests in the surface estate in 
                        Federal lands in the State of California that 
                        are under the administrative jurisdiction of 
                        the Secretary and that are available for 
                        disposal.
    (e) Treatment of Credits.--
            (1) Term.--Credits provided under subsection (d) shall 
        expire at the end of the 10-year period beginning on the date 
        the credits are issued by the Secretary.
            (2) Assignment.--TMC may assign credits provided to TMC 
        under subsection (d) to any person who satisfies the same 
        requirements to hold the Contracts as those that applied to TMC 
        under the Materials Act of 1947.
    (f) Referral to Court of Claims.--
            (1) Referral.--If within 12 months after the date of 
        enactment of this Act, the Secretary and TMC do not reach 
        agreement under subsections (b), (c), and (d) regarding the 
        financial and mineral production opportunities to be provided 
        by the Secretary to TMC under subsection (b)(1), or, if within 
        3 months after TMC receives notice in accordance with 
        subsection (b)(4) of the fair market value determined by the 
        Secretary of the surface and mineral estate identified in the 
        maps referred to in subsection (d) TMC or the city of 
        Victorville, California, notifies the Secretary that it 
        disagrees with the Secretary's determination, the Secretary 
        shall refer the issues upon which TMC, or the city of 
        Victorville, California, and the Secretary are not in agreement 
        with respect to such an agreement or fair market value to the 
        United States Court of Federal Claims for resolution
            (2) Resolution by court.--In any referral under this 
        subsection, the court shall--
                    (A) determine de novo the values described in 
                subsection (b) and (d), including the fair market 
                values of the surface and mineral estates as described 
                and delineated on the maps referred to in subsection 
                (d)(1); and
                    (B) determine and order the Secretary to provide 
                financial and mineral production opportunities 
                consistent with subparagraph (A), for purposes of 
                subsections (b)(1) and (d).

SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE 
              VICTOR VALLEY AREA OF CALIFORNIA.

    Notwithstanding anything in this Act to the contrary, prior to any 
lease, transfer, or other disposition of land or any mineral or surface 
estate for any area that is located in the city of Victorville, 
California, the city of Victorville's sphere of influence, or the city 
of Victorville's proposed sphere of influence, all as delineated on the 
map entitled ``Cemex USA and City of Victorville, California Land 
Disposal and Acquisition Agreement'' and on file with the Secretary, 
the Secretary shall--
            (1) consult with the city of Victorville, California, and 
        surface owners in that area; and
            (2) prohibit mining in that area.

A: Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California.

Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production.

Increases the adjusted basis of the contracts upon cancellation for federal tax purposes.

Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dry-Redwater Regional Water 
Authority System Act of 2008''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) there are insufficient available supplies of safe water 
        to meet the minimum health and safety standards of the citizens 
        of--
                    (A) Dawson, Garfield, McCone, Prairie, and Richland 
                Counties of the State; and
                    (B) McKenzie County, North Dakota;
            (2) McCone and Garfield Counties of the State were--
                    (A) directly and physically impacted when the Fort 
                Peck Dam was constructed; and
                    (B) to receive certain impact benefits as a result 
                of the Pick-Sloan program; and
            (3) the water that is contained in the Fort Peck Dam 
        reservoir is managed for purposes relating to--
                    (A) flood control;
                    (B) the production of hydroelectric power;
                    (C) irrigation;
                    (D) the maintenance of a public water supply;
                    (E) the conservation of fish and wildlife;
                    (F) recreation; and
                    (G) the improvement of water quality.
    (b) Purpose.--The purpose of this Act is to ensure a safe and 
adequate municipal, rural, and industrial water supply for the citizens 
of--
            (1) Dawson, Garfield, McCone, Prairie, and Richland 
        Counties of the State; and
            (2) McKenzie County, North Dakota.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Western Area Power Administration.
            (2) Authority.--The term ``Authority'' means--
                    (A) the Dry-Redwater Regional Water Authority, 
                which is a publicly owned nonprofit water authority 
                formed in accordance with Mont. Code Ann. Sec.  75-6-
                302 (2007); and
                    (B) any nonprofit successor entity.
            (3) Firm power rate.--The term ``firm power rate'' means 
        the rate charged by the Administrator for the Pick-Sloan 
        Missouri Basin Program--Eastern Division.
            (4) Pick-sloan program.--The term ``Pick-Sloan program'' 
        means the Pick-Sloan Missouri River Basin Program (authorized 
        by section 9 of the Act of December 22, 1944 (commonly known as 
        the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 
        665)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Montana.
            (7) Water system.--The term ``Water System'' means the Dry-
        Redwater Regional Water Authority System authorized under 
        section 4 for--
                    (A) Dawson, Garfield, McCone, Prairie, and Richland 
                Counties of the State; and
                    (B) McKenzie County, North Dakota.

SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.

    (a) Cooperative Agreement.--
            (1) In general.--The Secretary shall enter into a 
        cooperative agreement with the Authority to provide Federal 
        assistance for the planning, design, and construction of the 
        Water System.
            (2) Requirements.--A cooperative agreement entered into 
        under paragraph (1) shall specify, in a manner that is 
        acceptable to the Secretary and the Authority--
                    (A) the responsibilities of each party to the 
                cooperative agreement relating to the Water System, 
                including--
                            (i) the final engineering report;
                            (ii) an environmental and cultural resource 
                        study;
                            (iii) engineering and design;
                            (iv) construction;
                            (v) water conservation measures; and
                            (vi) administration of contracts relating 
                        to the performance of the activities described 
                        in clauses (i) through (v);
                    (B) any procedure or requirement relating to--
                            (i) the carrying out of each activity 
                        described in subparagraph (A); and
                            (ii) the approval and acceptance of the 
                        design and construction of the Water System; 
                        and
                    (C) the rights, responsibilities, and liabilities 
                of each party to the cooperative agreement.
    (b) Use of Federal Funds.--
            (1) Federal share.--
                    (A) In general.--The Federal share of the costs 
                relating to the planning, design, and construction of 
                the Water System shall not exceed 75 percent of the 
                total cost of the Water System.
                    (B) Limitation.--Amounts made available under 
                subparagraph (A) shall not be returnable or 
                reimbursable under the reclamation laws.
            (2) Compliance with cooperative agreement.--Federal funds 
        made available to carry out this section shall be obligated and 
        expended in accordance with a cooperative agreement entered 
        into by the Secretary under subsection (a)(1).
    (c) Components.--Components of the Water System facilities for 
which Federal funds may be obligated and expended under this section 
shall include--
            (1) facilities relating to--
                    (A) water intake;
                    (B) water pumping;
                    (C) water treatment; and
                    (D) water storage;
            (2) transmission pipelines and pumping stations;
            (3) appurtenant buildings, maintenance equipment, and 
        access roads;
            (4) any interconnection facility that connects a pipeline 
        of the Water System to a pipeline of a public water system;
            (5) distribution, pumping, and storage facilities that--
                    (A) serve the needs of citizens who use public 
                water systems;
                    (B) are in existence on the date of enactment of 
                this Act; and
                    (C) may be purchased, improved, and repaired in 
                accordance with a cooperative agreement entered into by 
                the Secretary under subsection (a)(1);
            (6) electrical power transmission and distribution 
        facilities required for the operation and maintenance of the 
        Water System;
            (7) any other facility or service required for the 
        development of a rural water distribution system, as determined 
        by the Secretary; and
            (8) any property or property right required for the 
        construction or operation of a facility described in this 
        subsection.
    (d) Service Area.--The service area of the Water System shall be--
            (1) the area of Garfield and McCone Counties in the State;
            (2) the area west of the Yellowstone River in Dawson and 
        Richland Counties in the State;
            (3) the area including, and north of, Township 15N in 
        Prairie County in the State; and
            (4) the portion of McKenzie County, North Dakota, that 
        includes all land that is located west of the Yellowstone River 
        in the State of North Dakota.
    (e) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for construction of the Water System 
until the date--
            (1) on which the Water System complies with each 
        requirement under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.);
            (2) that is 90 days after the date of receipt by Congress 
        of the final engineering report described in subsection 
        (a)(2)(A)(i) that is approved by the Secretary; and
            (3) on which the Secretary publishes a written finding that 
        the water conservation plan developed pursuant to section 6 
        contains water conservation measures for the operation of the 
        Water System that are--
                    (A) prudent;
                    (B) reasonable; and
                    (C) economically and financially feasible.
    (f) Limitation on Use of Federal Funds.--
            (1) In general.--Any cost relating to the operation, 
        maintenance, or replacement of the Water System--
                    (A) shall not be a Federal responsibility; and
                    (B) shall be paid by the Water System.
            (2) Federal funds.--The Secretary shall not obligate or 
        expend Federal funds for the operation, maintenance, or 
        replacement of the Water System.
    (g) Title to the Water System.--Title to the Water System shall be 
held by the Authority.

SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM.

    (a) Findings.--Congress finds that McCone and Garfield Counties in 
the State were designated--
            (1) as impact counties during the period in which the Fort 
        Peck Dam was constructed; and
            (2) to receive impact mitigation benefits in accordance 
        with the Pick-Sloan program.
    (b) Availability of Power.--
            (1) In general.--Subject to paragraph (2), the 
        Administrator shall make available to the Water System a 
        quantity of power required to meet the pumping and incidental 
        operation requirements of the Water System--
                    (A) from the water intake facilities; and
                    (B) through--
                            (i) the water treatment facilities; and
                            (ii) all first water distribution pumping 
                        facilities.
            (2) Eligibility.--The Water System shall be eligible to 
        receive power under paragraph (1) if the Water System--
                    (A) operates on a not-for-profit basis; and
                    (B) is constructed pursuant to a cooperative 
                agreement entered into by the Secretary under section 
                4(a)(1).
            (3) Rate.--The Administrator shall establish the cost of 
        the power described in paragraph (1) at the firm power rate.
            (4) Recovery of expenses.--The Administrator shall recover 
        the costs associated with the quantity of power used by the 
        Authority under paragraph (1).
            (5) Responsibility for expenses.--The Authority shall be 
        responsible for the payment of the costs described in paragraph 
        (4).

SEC. 6. WATER CONSERVATION PLAN.

    (a) In General.--The Authority shall develop a water conservation 
plan containing--
            (1) a description of water conservation objectives;
            (2) a description of appropriate water conservation 
        measures; and
            (3) a time schedule for carrying out the measures described 
        in paragraph (2) and this Act to meet the water conservation 
        objectives described in paragraph (1).
    (b) Design Requirement.--The water conservation plan developed 
under subsection (a) shall be designed to ensure that users of water 
provided by the Water System will use the best practical 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 each activity carried 
out under this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Water System.--There is authorized to be appropriated to carry 
out the planning, design, and construction of the Water System 
$115,116,000 for the period of fiscal years 2009 through 2019.
    (b) Cost Indexing.--The amount authorized to be appropriated under 
subsection (a) may be increased or decreased in accordance with 
ordinary fluctuations in development costs incurred after January 1, 
2008, as indicated by any available engineering cost indices applicable 
to construction activities that are similar to the construction of the 
Water System.

A:
Dry-Redwater Regional Water Authority System Act of 2008 - Directs the Secretary of the Interior to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the Dry-Redwater Regional Water Authority System for specified counties in Montana and North Dakota.

Lists agreement requirements. Limits the federal share of planning, design, and construction of the System to 75% of the total cost. Delineates the components of System facilities for which federal funds may be expended and the System's service area. Limits the obligation of funds for construction. Provides that any cost relating to the System's operation, maintenance, or replacement shall not be a federal responsibility and shall be paid by the System.

Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required to meet the System's pumping and incidental operation requirements from the water intake facilities and through the water treatment facilities and all first water distribution pumping facilities. Makes the System eligible to receive power only if it operates on a nonprofit basis and is constructed pursuant to the agreement.

Directs the Authority to develop a water conservation plan containing a description of water conservation objectives and measures and a schedule for carrying out such measures. Requires the plan to be designed to ensure that users of water provided by the System will use the best practical technology and management techniques to conserve water.
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