[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1124 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1124

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1999

 Mr. Hill of Montana introduced the following bill; which was referred 
                     to the Committee on 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 1999''.

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 the State of 
        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 the State of Montana; and
            (2) to assist the citizens of Roosevelt, Sheridan, Daniels, 
        and Valley Counties 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 Valley 
        Counties of the State.
            (3) Fort peck reservation rural water system.--The term 
        ``Fort Peck Reservation Rural Water System'' means the 
        Assiniboine and 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 (commonly 
        known as the ``Flood Control Act of 1944'') (58 Stat. 891)).
            (6) Secretary.--The term ``Secretary'' 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, construct, 
operate, maintain, and replace a municipal, rural, and industrial water 
system, to be known as the ``Assiniboine and Sioux Rural Water 
System'', as generally described in the report entitled ``Technical 
Report for the Fort Peck Reservation Rural Water System'' and dated May 
1996, as finalized by 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 
        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 within the service area of the Dry Prairie Rural 
        Water System;
            (4) 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 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;
            (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 Reservation 
        Rural 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 Assiniboine and Sioux Rural 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 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 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 
                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 
        agreement, 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 boundaries 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 enactment of this Act.
    (g) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for construction of the Assiniboine 
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 of 
        submission of a final engineering report to Congress; and
            (3) the Secretary publishes a written finding that the 
        water 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 to 
plan, design, construct, operate, maintain, and replace the Assiniboine 
and Sioux Rural Water System, including operation and management 
training.
    (i) Application of Indian Self-Determination Act.--Planning, 
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-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.).

SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM.

    (a) Planning and Construction.--
            (1) Authorization.--The Secretary shall enter into a 
        cooperative agreement with Dry Prairie Rural Water Association 
        Incorporated (or any successor non-Federal entity) to provide 
        Federal funds for the planning, design, and construction of the 
        Dry Prairie 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 planning, design, and construction of the Dry 
                Prairie Rural Water System shall be not more than 76 
                percent.
                    (B) Cooperative agreements.--Federal funds made 
                available to carry out this section may be obligated 
                and expended only through a cooperative agreement 
                entered into under subsection (c).
    (b) Components.--The components of the Dry Prairie Rural Water 
System facilities on which Federal funds may be obligated and expended 
under this section shall include--
            (1) storage, pumping, 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 service to Dry Prairie Rural 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 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 Sioux Rural Water System Board, shall enter 
        into a cooperative agreement with Dry Prairie Rural 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 manner that is acceptable 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 
                        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 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 of a final engineering report to Congress; and
            (3) the Secretary publishes a written finding that the 
        water conservation plan developed under section 7 includes 
        prudent and 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.--
            (1) In general.--The Secretary shall--
                    (A) interconnect the Dry Prairie Rural Water System 
                with the Assiniboine and Sioux Rural Water System; and
                    (B) provide for the delivery of water to the Dry 
                Prairie Rural Water System from the Missouri River 
                through the Assiniboine and Sioux Rural Water System.
            (2) Charges.--The Secretary shall not charge for the corpus 
        of the water delivered.
    (g) Limitation on Use of Federal Funds.--
            (1) In general.--The operation and maintenance expenses 
        associated with water deliveries from the Assiniboine 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.

SEC. 6. USE OF PICK-SLOAN POWER.

    (a) In General.--The Fort Peck Reservation Rural Water System shall 
use power from the Pick-Sloan Eastern Division to start up and operate 
the Assiniboine and Sioux Rural Water System and the Dry Prairie Rural 
Water System.
    (b) Reservation of Power.--
            (1) Irrigation season.--During the irrigation season, Pick-
        Sloan Eastern Division power identified for future project use 
        pumping shall be reserved for and made available for the 
        purpose authorized by subsection (a).
            (2) Nonirrigation season.--During the nonirrigation season, 
        Pick-Sloan Eastern Division preference power shall used to the 
        extent that the power is available.
    (c) Rate.--The rate for project use power made available under 
subsection (b) shall be--
            (1) during the irrigation season, the project use pumping 
        power rate; and
            (2) during the non-irrigation season, the wholesale firm 
        power rate.
    (d) Additional Power.--If power in addition to that made available 
under subsection (b) is required to meet the pumping requirements of 
the service area of the Fort Peck Reservation Rural Water System 
described in sections 4 and 5, 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.
    (e) Recovery of Expenses.--
            (1) Assiniboine and sioux rural water system.--In the case 
        of the Assiniboine and Sioux Rural Water System, expenses 
        associated with power purchases under subsections (a) and (d) 
        shall be recovered through a separate power charge, sufficient 
        to cover expenses, applied to the Assiniboine and Sioux Rural 
        Water System's operation and maintenance cost.
            (2) Dry prairie rural water system.--In the case of the Dry 
        Prairie Rural Water System, expenses associated with power 
        purchases under subsections (a) and (d) shall be recovered 
        through a separate power charge, sufficient to cover expenses, 
        to be paid fully by the Dry Prairie Rural Water System.

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 
        measures; and
            (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 Assiniboine 
and Sioux Rural Water System and the Dry Prairie Rural Water System 
will use the best practicable technology and management techniques to 
conserve water.
    (c) Public Participation.--Section 210(c) of the Reclamation Reform 
Act of 1982 (43 U.S.C. 390jj(c)) shall apply to an activity authorized 
under this Act.

SEC. 8. 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 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 
        exercise any Federal right to the water 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 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.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fort Peck Reservation Rural Water System.--There are authorized 
to be appropriated--
            (1) over a period of 5 fiscal years, $103,000,000 for the 
        planning, design, and construction of the Assiniboine and Sioux 
        Rural Water System; and
            (2) such sums as are necessary for the operation and 
        maintenance of the Assiniboine and Sioux Rural Water System, 
        including power costs of the Western Area Power Administration.
    (b) Dry Prairie Rural Water System.--There is authorized to be 
appropriated $60,000,000 for the planning, design, and construction of 
the Dry Prairie Rural Water System.
    (c) Cost Indexing.--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 January 1, 
1996, as indicated by engineering cost indices applicable for the type 
of construction involved.
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