[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 841 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 841

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 1997

 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 construction 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 1997''.

SEC. 2. FINDINGS AND PURPOSES.

    (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 and therefore pose 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) 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 Montana; and
            (2) to assist the citizens of Roosevelt, Sheridan, Daniels, 
        and Valley Counties, Montana, outside the Fort Peck Indian 
        Reservation, in developing safe and adequate municipal, rural, 
        and industrial water supplies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Counties water system.--The term ``Counties Water 
        System'' means the Roosevelt, Sheridan, Daniels, and Valley 
        Counties Rural Water System authorized by section 5.
            (2) Fort peck tribe.--The term ``Fort Peck tribe'' means 
        the Assiniboine Indian Tribe or the Sioux Indian Tribe within 
        the Fort Peck Indian Reservation.
            (3) Fort peck water system.--The term ``Fort Peck Water 
        System'' means the Fort Peck Reservation Rural Water System 
        authorized by section 4.
            (4) Pick-sloan.--The term ``Pick-Sloan'' means the Pick-
        Sloan Missouri River 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'').
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. FORT PECK RESERVATION RURAL WATER SYSTEM.

    (a) Authorization.--The Secretary shall plan, design, construct, 
operate, maintain, and replace a municipal, rural, and industrial water 
system, to be known as the ``Fort Peck Reservation Rural Water 
System'', as generally described in the report entitled ``Technical 
Report for the Fort Peck Reservation Rural Water System'' and dated 
July 1995.
    (b) Components.--The Fort Peck 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--
                    (A) water systems in existence on the date of 
                enactment of this Act that may be purchased, improved, 
                and repaired in accordance with the cooperative 
                agreement under subsection (c); and
                    (B) water 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 necessary for the 
        facilities described in this subsection;
            (7) electrical power transmission and distribution 
        facilities necessary for services to Fort Peck Water System 
        facilities; and
            (8) such other pipelines, pumping plants, and 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 
        cooperative agreement with the Fort Peck Tribal Executive Board 
        for planning, designing, constructing, operating, maintaining, 
        and replacing the Fort Peck Water System.
            (2) Mandatory provisions.--The cooperative agreement under 
        paragraph (1) shall specify, in a manner that is acceptable 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 
                        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 Fort Peck 
                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 
        agreement, the Secretary may transfer to the Fort Peck tribes, 
        on a nonreimbursable basis, funds made available for the Fort 
        Peck Water System under section 7.
    (d) Service Area.--The service area of the Fort Peck Water System 
shall be--
            (1) the area within the boundaries of the Fort Peck Indian 
        Reservation; and
            (2) the service area of the Counties Water System described 
        in section 5(d).
    (e) Construction Requirements.--The components of the Fort Peck 
Water System shall be planned and constructed to a size sufficient to 
meet the municipal, rural, and industrial water supply requirements of 
the service area of the Fort Peck Water System described in subsection 
(d).
    (f) Title to Fort Peck Water System.--Title to the Fort Peck 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 construction of the Fort Peck 
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 Fort Peck Water System; and
            (2) a final engineering report for the Fort Peck Water 
        System is approved by the Secretary.
    (h) Technical Assistance.--The Secretary shall provide such 
technical assistance as is necessary to enable the Fort Peck tribes to 
plan, design, construct, operate, maintain, and replace the Fort Peck 
Water System, including operation and management training.
    (i) Application of Indian Self-Determination Act.--Planning, 
design, construction, operation, maintenance, and replacement of the 
Fort Peck Water System within the Fort Peck Indian Reservation shall be 
subject to the Indian Self-Determination Act (25 U.S.C. 450f et seq.).
    (j) Use of Pick-Sloan Power.--
            (1) In general.--The Fort Peck 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.
            (2) Reservation of power.--Power identified for future 
        project use pumping shall be reserved for and made available 
        for the purpose authorized by paragraph (1).
            (3) Rate.--The rate for project use power made available 
        under paragraph (2) shall be the wholesale firm power rate for 
        Pick-Sloan (Eastern Division) in effect at the time at which 
        the power is sold.
            (4) Additional power.--
                    (A) In general.--If power in addition to that made 
                available under paragraph (2) is required to meet the 
                pumping requirements of the service area of the Fort 
                Peck Water System described in subsection (d), the 
                Administrator of the Western Area Power Administration 
                may purchase the necessary additional power under such 
                terms and conditions as the Administrator determines to 
                be appropriate.
                    (B) Recovery of expenses.--Expenses associated with 
                power purchases under subparagraph (A) shall be 
                recovered through a separate power charge, sufficient 
                to recover the expenses, applied to the Fort Peck Water 
                System.

SEC. 5. ROOSEVELT, SHERIDAN, DANIELS, AND VALLEY COUNTIES RURAL WATER 
              SYSTEM.

    (a) Planning and Construction.--
            (1) Authorization.--The Secretary shall enter into a 
        cooperative agreement with appropriate non-Federal entities to 
        provide Federal funds for the planning, design, and 
        construction of the Roosevelt, Sheridan, Daniels, and Valley 
        Counties Rural Water System in Roosevelt, Sheridan, 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 the planning, design, and construction of the 
                Counties Water System shall be not more than 75 
                percent.
                    (B) Cooperative agreements.--Federal funds made 
                available to carry out this section may be obligated 
                and expended only through a cooperative agreement 
                described in subsection (c).
    (b) Components.--The components of the Counties Water System on 
which Federal funds may be obligated and expended under this section 
shall include--
            (1) water intake, pumping, treatment, storage, 
        interconnection, and pipeline facilities;
            (2) appurtenant buildings and access roads;
            (3) all property and property rights necessary for the 
        facilities described in this subsection;
            (4) electrical power transmission and distribution 
        facilities necessary for services to Counties Water System 
        facilities;
            (5) planning and design services for all facilities; and
            (6) other facilities and services customary to the 
        development of rural water distribution systems in Montana.
    (c) Cooperative Agreement.--
            (1) In general.--The Secretary, with the concurrence of the 
        Fort Peck Reservation Rural Water System Board, shall enter 
        into a cooperative agreement with appropriate non-Federal 
        entities to provide Federal assistance for the planning, 
        design, and construction of the Counties Water System.
            (2) Mandatory provisions.--The cooperative agreement under 
        paragraph (1) shall specify, in a manner that is acceptable to 
        the Secretary--
                    (A) the responsibilities of each party to the 
                agreement 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.
    (d) Service Area.--The service area of the Counties Water System 
shall be the area in Montana north of the Missouri River, south of the 
border between the United States and Canada, west of the border between 
the States of North Dakota and Montana, and east of a north-south line 
between the Missouri River and the Canadian border, which line passes 
through the westernmost boundary of the city of Glasgow, except that 
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 Counties 
Water System before the date that is 90 days after the date of 
submission of a final engineering report to Congress.
    (f) Interconnection of Facilities and Waiver of Charges.--The 
Secretary may--
            (1) interconnect the Counties Water System with the Fort 
        Peck Water System; and
            (2) provide for the delivery of water to the Counties Water 
        System, without charge, from the Missouri River through the 
        Fort Peck Water System.
    (g) Limitation on Use of Federal Funds.--The operation and 
maintenance expenses associated with water deliveries to the Counties 
Water System shall be a non-Federal responsibility. The Secretary may 
not obligate or expend any Federal funds for the operation, 
maintenance, or replacement of the Counties Water System.

SEC. 6. WATER RIGHTS.

    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 any State to any appropriated share 
        of the waters 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 
        exercise any Federal right to the waters of any stream or to 
        any ground water resource;
            (5) affect 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 or Indian 
        water compact held by the Fort Peck tribes or by any other 
        Indian tribe or individual Indian under Federal or State law.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fort Peck Water System.--There are authorized to be 
appropriated--
            (1) over a period of 5 fiscal years, $109,000,000 for the 
        planning, design, and construction of the Fort Peck Water 
        System; and
            (2) such sums as are necessary for the operation and 
        maintenance of the Fort Peck Water System.
    (b) Counties Water System.--There are authorized to be appropriated 
such sums as are necessary to carry out section 5.
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