[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1467 Enrolled Bill (ENR)]
S.1467
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
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 1996''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(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.
(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.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) 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. 3. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.
(a) In General.--Upon request of the District, 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.
Title to this project shall remain in the name of the District.
(b) Service Area.--The water supply system shall provide for safe
and adequate rural water supplies 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) costs associated with 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 75 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 4.
(4) Limitations.--Not more than 5 percent of the amount of
Federal funds made available to the Secretary under section 4 may
be used by the Secretary 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.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$5,800,000. This authorization shall terminate after a period of 5
complete fiscal years after the date of enactment of this Act unless
the Congress has appropriated funds for the construction purposes of
this Act. This authorization shall be extended 1 additional year if the
Secretary has requested such appropriation. 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 costs which exceed the amounts authorized by this Act,
including costs associated with the ongoing energy needs, operation,
and maintenance of this project shall remain the responsibility of the
District.
SEC. 5. CACHUMA PROJECT, BRADBURY DAM, CALIFORNIA.
The prohibition against obligating funds for construction until 60
days from the date that the Secretary of the Interior transmits a
report to the Congress in accordance with section 5 of the Reclamation
Safety of Dams Act of 1978 (43 U.S.C. 509) is waived for the Cachuma
Project, Bradbury Dam, California.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.