[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1154 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1154

   To authorize the construction of the Fort Peck Rural County Water 
 Supply System, to authorize assistance to the Fort Peck Rural County 
   Water District, Inc., a nonprofit corporation, for the planning, 
  design, and construction of the water supply system, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

   Mr. Burns introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To authorize the construction of the Fort Peck Rural County Water 
 Supply System, to authorize assistance to the Fort Peck Rural County 
   Water District, Inc., a nonprofit corporation, for the planning, 
  design, and construction of the water supply system, and for other 
                               purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fort Peck Rural County Water Supply 
System Act of 1995''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) there is a need for a water supply system in rural 
        northeast Montana to provide a safe, reliable, and adequate 
        water supply within the area under the jurisdiction of the Fort 
        Peck Rural County Water District, Inc.;
            (2) no public water supply system currently serves the 
        area;
            (3) ground water sources in the area are not potable;
            (4) the construction of a water supply system will allow 
        for economic enhancement in Valley County in northeastern 
        Montana; and
            (5)(A) adverse impacts on Montana, including the flooding 
        of thousands of acres of productive crop land by the Fort Peck 
        Reservoir, were caused by the construction of the Fort Peck Dam 
        in 1939; and
            (B) the impacts have never been mitigated, and the 
        predicted benefits of the construction of the dam have never 
        been realized.
    (b) Purposes.--The purposes of this Act are--
            (1) to authorize the construction of a water treatment 
        facility and distribution system to provide clean and safe 
        water for domestic and limited livestock use to residents and 
        landowners within the area under the jurisdiction of the 
        District; and
            (2) to allocate Federal funding for the construction of the 
        water supply system instead of funding for agricultural 
        irrigation systems, which has not been appropriated, as 
        intended and as authorized under 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 (commonly known as the ``Flood 
        Control Act of 1944'') (58 Stat. 891)).

SEC. 3. DEFINITIONS.

    In this Act (unless the context clearly requires otherwise):
            (1) Construction.--The term ``construction'' means such 
        activities associated with the actual development or 
        construction of facilities as are initiated on execution of 
        contracts for construction.
            (2) District.--The term ``District'' means the Fort Peck 
        Rural County Water District, Inc., a nonprofit corporation in 
        Montana.
            (3) Feasibility study.--The term ``feasibility study'' 
        means the study entitled ``Final Engineering Report and 
        Alternative Evaluation for the Fort Peck Rural County Water 
        District'', dated September 1994, that includes a water 
        conservation plan, environmental report, and economic 
        enhancement component.
            (4) Planning.--The term ``planning'' means activities such 
        as data collection, evaluation, design, and other associated 
        preconstruction activities required prior to the execution of 
        contracts for construction.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Water supply system.--The term ``water supply system'' 
        means the Fort Peck Rural County Water Supply System, to be 
        established and operated substantially in accordance with the 
        feasibility study.

SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

    (a) In General.--The Secretary shall enter into a cooperative 
agreement with the District for the planning, design, and construction 
by the District of the water supply system.
    (b) Service Area.--The water supply system shall provide for safe 
and adequate rural water supplies, economic enhancement, mitigation of 
wetland areas, and water conservation in the area under the 
jurisdiction of
 the District in Valley County, northeastern Montana (as described in 
the feasibility study).
    (c) Amount of Federal Contribution.--
            (1) In general.--Subject to paragraph (3), under the 
        cooperative agreement, the Secretary shall pay the Federal 
        share of--
                    (A) the amount allocated in the total budget for 
                the planning, design, and construction of the water 
                supply system (as identified in the feasibility study); 
                and
                    (B) such sums as are necessary to defray increases 
                in the budget.
            (2) Federal share.--The Federal share referred to in 
        paragraph (1) shall be 80 percent and shall not be 
        reimbursable.
            (3) Total.--The amount of Federal funds made available 
        under the cooperative agreement shall not exceed the amount of 
        funds authorized to be appropriated under section 9.
            (4) Limitations.--Not more than 5 percent of the amount of 
        Federal funds made available to the Secretary under section 9 
        may be used for activities associated with--
                    (A) compliance with the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
                    (B) oversight of the planning, design, and 
                construction by the District of the water supply 
                system.
    (d) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for the construction of the water 
supply system until the requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met.

SEC. 5. WATER CONSERVATION PROGRAM.

    The District shall design a water conservation program to ensure 
that users of water from the water supply system will use the best 
practicable technology and management techniques to conserve water use. 
The program shall contain provisions for periodic review and revision 
by the District, in cooperation with the Secretary.

SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.

    In accordance with the feasibility study, mitigation for fish and 
wildlife losses incurred as a result of the construction and operation 
of the water supply system shall be on an acre-for-acre basis, based on 
ecological equivalency and concurrent with project construction.

SEC. 7. EFFECT ON WATER PROJECTS IN STATES.

    Nothing in this Act limits the authorization for water projects in 
Montana under any law that is in effect on, or takes effect after, the 
date of enactment of this Act.

SEC. 8. EFFECT ON WATER RIGHTS.

    Nothing in this Act--
            (1) invalidates or preempts State water law or an 
        interstate compact governing water;
            (2) alters the right of any State to any appropriated share 
        of the waters of any body of surface or ground water, whether 
        determined under any interstate compact, or any legislative or 
        final judicial allocation, that is in effect on, or takes 
        effect after, the date of enactment of this Act;
            (3) preempts or modifies any Federal or State law, or 
        interstate compact, governing water quality or disposal; or
            (4) confers on any non-Federal entity the option to 
        exercise any Federal right to the waters of any stream or to 
        any ground water source.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$5,800,000, to remain available until expended. The funds 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, 1994, as indicated by engineering cost 
indices applicable to the type of construction project authorized under 
this Act.
                                 <all>