[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1989 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1989

     To authorize the construction and operation of the Fort Peck 
 Reservation Rural Water System in the State of Montana, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 1996

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

_______________________________________________________________________

                                 A BILL


 
     To authorize the construction and operation of the Fort Peck 
 Reservation Rural Water System in the State of Montana, 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 Reservation Rural Water 
System Act of 1996''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) there are insufficient water supplies available to 
        residents of the Fort Peck Indian Reservation in Montana, and 
        the water systems that are available do not meet minimum health 
        and safety standards, posing a threat to public health and 
        safety;
            (2) the United States has a trust responsibility to ensure 
        that adequate and safe water supplies are available to meet the 
        economic, environmental, water supply, and public health needs 
        of the Fort Peck Indian Reservation; and
            (3) the best available, reliable, and safe rural and 
        municipal water supply to serve the needs of the Fort Peck 
        Indian Reservation is the Missouri River.
    (b) Purpose.--The purpose of this Act is to ensure a safe and 
adequate municipal, rural, and industrial water supply for the 
residents of the Fort Peck Indian Reservation in Montana.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Fort peck tribe.--The term ``Fort Peck tribe'' means 
        the Assiniboine Indian Tribe and the Sioux Indian Tribe within 
        the Fort Peck Indian Reservation.
            (2) Pick-sloan.--The term ``Pick-Sloan'' means the Pick-
        Sloan Missouri Basin Program authorized by section 9 of the Act 
        of December 22, 1944 (58 Stat. 891, chapter 665) (commonly 
        known as the ``Flood Control Act of 1944'').
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Water system.--The term ``Water System'' means the Fort 
        Peck Reservation Rural Water System authorized by section 4.

SEC. 4. FORT PECK RESERVATION RURAL WATER SYSTEM.

    (a) Authorization.--The Secretary shall plan, design, construct 
(including replacement of structures and equipment in existence on the 
date of enactment of this Act, as necessary), operate, and maintain a 
municipal, rural, and industrial water system, to be known as the 
``Fort Peck Reservation Rural Water System'', as generally depicted in 
the report entitled ``Technical Report for the Fort Peck Reservation 
Rural Water System'' and dated July 1995.
    (b) Components.--The Water System shall consist of--
            (1) pumping and treatment facilities located along the 
        Missouri River near Poplar, Montana;
            (2) pipelines extending from the Missouri River near 
        Poplar, Montana, throughout the Fort Peck Indian Reservation;
            (3) facilities to allow for future interconnections to 
        areas outside the Fort Peck Indian Reservation, including the 
        communities of Plentywood, Scobey, Flaxville, and Culbertson, 
        Montana;
            (4) distribution and treatment facilities to serve the 
        needs of the Fort Peck Indian Reservation, including the 
        purchase, improvement, and repair of water systems in existence 
        on the date of enactment of this Act, including systems owned 
        by individual tribal members and other residents of the Fort 
        Peck Indian Reservation;
            (5) appurtenant buildings and access roads;
            (6) all property and property rights associated with the 
        facilities described in paragraphs (1) through (5);
            (7) electrical power transmission and distribution 
        facilities necessary for services to Water System facilities; 
        and
            (8) such other pipelines, pumping plants, and facilities as 
        the Secretary considers necessary or appropriate to meet the 
        water supply, economic, public health, and environmental needs 
        of the reservation, including water storage tanks, water lines, 
        and other facilities for the Fort Peck tribes and reservation 
        villages, towns, and municipalities.
    (c) Agreement.--
            (1) In general.--In carrying out subsection (b), the 
        Secretary shall enter into a cooperative agreement with the 
        Fort Peck Tribal Executive Board for planning, designing, 
        constructing (including necessary replacement), operating, and 
        maintaining the Water System.
            (2) Mandatory provisions.--The cooperative agreement under 
        paragraph (1) shall describe, in a manner that is acceptable to 
        the Secretary and the Fort Peck Tribal Executive Board--
                    (A) the responsibilities of the parties for--
                            (i) needs assessment, feasibility, and 
                        environmental studies;
                            (ii) engineering and design;
                            (iii) construction;
                            (iv) water conservation measures; and
                            (v) administration of contracts relating to 
                        performance of the activities described in 
                        clauses (i) through (iv);
                    (B) the procedures and requirements for approval 
                and acceptance of the design and construction; 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 existence on the 
        date of 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 cooperative 
        agreement under paragraph (1) if the Secretary determines 
        that--
                    (A) the quality of construction does not meet all 
                standards established for similar facilities 
                constructed by the Secretary; or
                    (B) the operation and maintenance of the 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 terms of the 
        cooperative agreement, the Secretary may transfer to the Fort 
        Peck tribes, on a nonreimbursable basis, funds appropriated for 
        the Water System under section 8.
    (d) Service Area.--The service area of the Water System shall be 
the area within the boundaries of the Fort Peck Indian Reservation.
    (e) Construction Requirements.--The pumping plants, pipelines, 
treatment facilities, and other appurtenant facilities for the Water 
System shall be planned and constructed to a size sufficient to meet 
the municipal, rural, and industrial water supply requirements of the 
Fort Peck Indian Reservation and the rural areas north of the 
reservation, taking into account the effects of the water conservation 
plan under section 5.
    (f) Title to Water System.--Title to the 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 enactment of this Act.
    (g) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for the construction of the Water 
System until--
            (1) the requirements of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) have been met with respect 
        to the Water System;
            (2) a final engineering report for the Water System has 
        been approved by the Secretary; and
            (3) the Secretary publishes a written finding that the 
        water conservation plan under section 5 includes prudent and 
        responsible water conservation measures for the operation of 
        the Water System that have been shown to be economically and 
        financially feasible.
    (h) Technical Assistance.--The Secretary shall provide such 
technical assistance as may be necessary to enable the Fort Peck tribes 
to plan, develop, construct (including necessary replacement), operate, 
and maintain the Water System, including operation and management 
training.
    (i) Application of Indian Self-Determination Act.--Planning, 
design, construction (including necessary replacement), and operation 
of the Water System shall be subject to the Indian Self-Determination 
Act (25 U.S.C. 450f et seq.).

SEC. 5. WATER CONSERVATION PLAN.

    (a) In General.--The Fort Peck tribes shall develop a water 
conservation plan containing definite goals, appropriate water 
conservation measures, and a time schedule for meeting the water 
conservation objectives.
    (b) Purpose.--The water conservation plan under subsection (a) 
shall be designed to ensure that users of water from the Water System 
will use the best practicable technology and management techniques to 
conserve water.
    (c) Application of the Reclamation Reform Act of 1982.--Section 
210(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) shall 
apply to the Water System.

SEC. 6. USE OF PICK-SLOAN POWER.

    (a) Power.--The Water System shall use power from Pick-Sloan for 
operation. The use of the power shall be considered to be a project use 
pumping requirement of Pick-Sloan.
    (b) Power To Be Used.--Power identified for future project use 
pumping shall be reserved for and made available for the purpose 
authorized by subsection (a).
    (c) Rate.--The rate for project use power made available under 
subsection (b) shall be the wholesale firm power rate for Pick-Sloan 
(Eastern Division) in effect at the time at which the power is sold.
    (d) Additional Power.--
            (1) In general.--If power in addition to that made 
        available under subsection (b) is required to meet the pumping 
        requirements of the Water System, the Administrator of the 
        Western Area Power Administration may purchase the necessary 
        additional power under such terms and conditions as the 
        Administrator considers appropriate.
            (2) Recovery of expenses.--Expenses associated with power 
        purchases under paragraph (1) shall be recovered through a 
        separate power charge, sufficient to recover the expenses, 
        applied to the Water System.

SEC. 7. WATER RIGHTS.

    This Act does not--
            (1) impair the validity of or preempt any provision of 
        State water law, or of any interstate compact governing water;
            (2) alter the rights of any State to any appropriated share 
        of the waters of any body or surface or ground water, whether 
        determined by past or future interstate compacts, or by past or 
        future legislative or final judicial allocations;
            (3) preempt or modify any Federal or State law or 
        interstate compact dealing with water quality or disposal;
            (4) confer on any non-Federal entity the ability to 
        exercise any Federal right to the waters of any stream or to 
        any groundwater resources;
            (5) affect any water rights of the Fort Peck tribes, 
        located within or without 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 otherwise; or
            (6) validate or invalidate any assertion of the existence, 
        nonexistence, or extinguishment of any water rights held by the 
        Fort Peck tribes or any other Indian Tribe or individual Indian 
        under Federal or State law.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Planning, Design, and Construction.--
            (1) In general.--There is authorized to be appropriated, 
        over a period of 5 fiscal years, $114,734,300 for the planning, 
        design, and construction of the Water System.
            (2) Adjustment.--The funds authorized to be appropriated by 
        paragraph (1), less any amounts previously obligated for the 
        Water System, are increased or decreased by such amounts as are 
        justified by reason of ordinary fluctuations in development 
        costs incurred after January 1, 1996, as indicated by 
        engineering cost indices applicable for the type of 
        construction involved.
    (b) Operation and Maintenance.--There are authorized to be 
appropriated such sums as are necessary for the operation and 
maintenance of the Water System.
                                 <all>