Fort Peck Reservation Rural Water System Act of 2000
PL 106-382 (S.624), enacted 10/27/2000

PUBLIC LAW 106-382—OCT. 27, 2000 
114 STAT. 1451 
Public Law 106-382 
106th Congress 
An Act 
To authorize construction of the Fort Peck Reservation Rural Water System in 
Oct. 27, 2000 
the State of Montana, and for other purposes. 
[S. 624] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. 
Fort Peck 
Reservation 
SECTION 1. SHORT TITLE. 
Rural Water 
This Act may be cited as the "Fort Peck Reservation Rural 2000 
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, 
£ind Valley Coimties in the State, outside the Fort Peck Indian 
Reservation, in developing safe and adequate municipal, rural, 
and industrial water supplies. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ASSINIBOINE AND SIOUX RURAL WATER SYSTEM.—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 Vsdley Counties of the State. 
(3) FORT PECK RESERVATION RURAL WATER SYSTEM.—The 
term "Fort Peck Reservation Rural Water System" means the 
Assiniboine £ind 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 (authorized by section 
9 of the Act entitled "An Act authorizing the construction 
of certain public works on rivers and harbors for flood control, 
and for other purposes", approved December 22, 1944 (com-
monly known as the "Flood Control Act of 1944") (58 Stat. 
891)). 
114 STAT. 1452 
PUBLIC LAW 106-382—OCT. 27, 2000 
(6) SECRETARY.—^The term "Secretarj^' 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, design, con-
struct, operate, maintain, and replace a mmiicipal, rural, and indus-
trial water system, to be known as the "Assiniboine and Sioux 
Rural Water System", as generally 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 Mis-
souri River within the boiuidaries 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 
the enactment of this Act that may be purchased, 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 facili-
ties described in this subsection; 
(6) electrical power transmission and distribution facilities 
necessary for services to Fort Peck Reservation Rural Water 
System facilities; and 
(7) such other pipelines, pumping plants, £ind facilities 
as the Secretary determines to be appropriate 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 coopera-
tive agreement with the Fort Peck Tribal Executive Board 
for planning, designing, constructing, 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 accept-
able 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 environ-
mental studies; 
(ii) engineering and design; 
(iii) construction; 
(iv) water conservation measures; £ind 
(v) administration of contracts relating to perform-
ance of the activities described in clauses (i) through 
(iv); 
PUBLIC LAW 106-382—OCT. 27, 2000 
114 STAT. 1453 
(B) the procedures and requirements for approval and 
acceptance of the design and construction and for carrying 
out other activities described in subparagraph (A); and 
(C) the rights, responsibilities, and liabilities of each 
party to the agreement. 
(3) 
OPTIONAL 
PROVISIONS.—The cooperative 
agreement 
under paragraph (1) may include provisions relating to the 
purchase, improvement, and repair of water systems in exist-
ence on the date of the enactment of this Act, including systems 
owned by individual tribal members and other residents of 
the Fort Peck Indian Reservation. 
(4) TERMINATION.—^The Secretary may terminate a coopera-
tive agreement under paragraph (1) if the Secretary determines 
that— 
(A) the quality of construction does not meet all stand-
ards established for similar faciUties 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 agree-
ment, 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 Assiniboine and 
Sioux Rural Water System shall be the area within the boimdaries 
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 requirements 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 transfer is authorized by an 
Act of Congress enacted after the date of the enactment of this 
Act. 
(g) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.— 
The Secretary shall not obligate funds for construction of the Assini-
boine and Sioux Rural Water System until— 
(1) the requirements of the National Environmental 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 Deadline, 
of submission to Congress of a final engineering report approved Reports, 
by the Secretary; and 
(3) the Secretary publishes a written finding that the water Publication, 
conservation plan developed under section 7 includes prudent 
and reasonable water conservation measures for the operation 
of the Assiniboine 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 
114 STAT. 1454 
PUBLIC LAW 106-382—OCT. 27, 2000 
to plan, design, construct, operate, maintain, £ind replace the Assini-
boine and Sioux Rural Water System, including operation and 
management training. 
(i) APPLICATION OF INDIAN SELF-DETERMINATION ACT.—Plan-
ning, design, construction, operation, maintenance, and replacement 
of the Assiniboine and Sioux Rural Water System within the Fort 
Peck Indian Reservation shall be subject to the Indian Self-Deter-
mination and Education 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 Bureau of Reclamation. 
(2) OPERATION AND MAINTENANCE.—The Federal 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 annual appropriations to the Bureau of 
Indian Affairs. 
SEC. 6. DRY PRAIRIE RURAL WATER SYSTEM. 
(a) PLANNING AND CONSTRUCTION.— 
(1) AUTHORIZATION.—^The Secretary shall enter into a 
cooperative agreement with Dry Prairie Rural Water Associa-
tion Incorporated (or any successor non-Federal entity) to pro-
vide Federal funds for the plsuming, design, and construction 
of the Dry Prairie Rural Water System in Roosevelt, Sheridgm, 
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 shedl 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 imder subsection (c). 
(b) COMPONENTS.—^The components of the Dry Prairie Rural 
Water System facilities on which Federal fiinds may be obligated 
and expended imder this section shall include— 
(1) storage, pumping, interconnection, and pipeline facili-
ties; 
(2) appurtenant buildings sind access roads; 
(3) all property and property rights necessary for the facili-
ties described in this subsection; 
(4) electrical power transmission and distribution facilities 
necessary for service to Dry Prairie Rural Water System faciH-
ties; and 
(5) other facilities customary to the development of rural 
water distribution systems in the State, including supplemental 
water intake, pumping, and treatment facilities. 
(c) COOPERATIVE AGREEMENT.— 
(1) IN GENERAL.—The Secretary, with the concurrence of 
the Assiniboine and Sioiix RureJ Water System Board, shall 
enter into a cooperative agreement with Dry Prairie Rural 
PUBLIC LAW 106-382—OCT. 27, 2000 
114 STAT. 1455 
Water Association Incorporated to provide Federal assistance 
for the planning, design, and construction of the Dry Prairie 
Rural Water System. 
(2) MANDATORY PROVISIONS.—^The cooperative agreement 
under paragraph (1) shall specify, in a meinner that is accept-
able 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 environ-
mental studies; 
(ii) engineering and design; 
(iii) construction; 
(iv) water conservation measures; and 
(v) administration of contracts relating to perform-
ance of the activities described in clauses (i) through 
(iv); 
(B) the procedures and requirements for approval and 
acceptance of the design and construction and for carrying 
out other activities described in subparagraph (A); and 
(C) the rights, responsibilities, and liabilities of each 
party to the agreement. 
(d) SERVICE AREA.— 
(1) IN GENERAL.—Except as provided in paragraph (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 service 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 construction of the Dry 
Prairie Rural Water System until— 
(1) the requirements of the National Environmental 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 section 7 includes prudent 
£uid reasonable water conservation measures for the operation 
of the Dry Prairie 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 fi-om the Missouri River through the 
Assiniboine and Sioux Rural Water System. 
Deadline. 
Reports. 
Publication. 
114 STAT. 1456 
PUBLIC LAW 106-382—OCT. 27, 2000 
(g) LIMITATION ON USE OF FEDERAL FUNDS.— 
(1) IN GENERAL.—The operation, maintenance, and replace-
ment expenses associated with water dehveries from the Assini-
boine 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 operation, maintenance, or 
replacement of the Dry Prairie 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 Missouri Basin program, 
the Western Area Power Administration shall make available, at 
the firm power rate, the capacity and energy required to meet 
the pumping and incidental operational requirements of the Fort 
Peck Reservation Rural Water System. 
(b) QUALIFICATION TO USE PICK-SLOAN POWER.—For as long 
as the Fort Peck Reservation rural water supply 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-Slo£in Missouri Basin program 
established by section 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 SYSTEM.—In the 
case of the Assiniboine and Sioux Rural Water System, the 
Western Area Power Administration shall recover expenses 
associated with power purchases under subsection (a) through 
a separate power charge sufficient to cover such expenses. 
Such charge shall be paid fiiUy through the annual appropria-
tions 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 expenses associated with power 
purchases under subsection (a) tlu*ough a separate power charge 
sufficient to cover expenses. Such charge shaU 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 additional power at the best available rate. 
The costs of such purchases shall be reimbursed to the Adminis-
trator according 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 conservation meas-
ures; and 
PUBLIC LAW 106-382—OCT. 27, 2000 
114 STAT. 1457 
(3) a time schedule for implementing the measures and 
this Act to meet the water conservation objectives. 
(b) PURPOSE.—^The water conservation plan under subsection 
(a) shall be designed to ensure that users of water from the Assini-
boine and Sioux Rural Water System and the Dry Prairie Rural 
Water System will use the best practicable technology and manage-
ment techniques to conserve water. 
(c) PUBLIC PARTICIPATION.—Section 210(c) of the Reclamation AppUcabiUty. 
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 provision of State 
water law or any interstate compact governing water; 
(2) alter the right of £iny State to any appropriated share 
of the water 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 authority to exer-
cise any Federal right to the water of any stream or to any 
ground water resource; 
(5) afTect any right of the Fort Peck Tribes to water, located 
within or outside the external boundaries 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, aboriginal title, the decision in Winters v. United 
States, 207 U.S. 564 (1908), or other law. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) ASSINIBOINE AND SlOUX RURAL WATER SYSTEM.—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, design, and construction 
of the Assiniboine £ind Sioux Rural Water System; and 
(2) to the Bureau of Indian Affairs such sums as are nec-
essary 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 construction of the Dry Prairie Rural 
Water System. 
114 STAT. 1458 
PUBLIC LAW 106-382—OCT. 27, 2000 
(c) COST INDEXING.—^The fxinds authorized to be appropriated 
may be increased or decreased by such amounts as are justified 
by reason of ordinary fluctuations in development costs incurred 
after October 1, 1998, as indicated by engineering cost indices 
applicable for the type of construction involved. 
Approved October 27, 2000. 
LEGISLATIVE HISTORY—S. 624 (H.R. 1124): 
HOUSE REPORTS: Nos. 106-823 and 106-824 accompanying H.R. 1124 (both from 
Comm. on Resources). 
SENATE REPORTS: No. 106-198 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Nov. 19, considered and passed Senate. 
Vol. 146 (2000): Sept. 12, considered and passed House, £unended. 
Oct. 13, Senate concurred in House amendment.