[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 624 Enrolled Bill (ENR)]

        S.624

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
   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 2000''.

SEC. 2. 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 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 within the boundaries of the Fort Peck Indian Reservation;
        (2) pipelines extending from the water treatment plant 
    throughout the Fort Peck Indian Reservation;
        (3) 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 the 
        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;
        (4) appurtenant buildings and access roads;
        (5) all property and property rights necessary for the 
    facilities described in this subsection;
        (6) electrical power transmission and distribution facilities 
    necessary for services to Fort Peck Reservation Rural Water System 
    facilities; and
        (7) 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 the 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 the 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 to Congress of a final engineering report approved by 
    the Secretary; 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.).
    (j) Cost Sharing.--
        (1) Construction.--The Federal share of the cost of 
    construction of the Assiniboine and Sioux Rural Water System shall 
    be 100 percent, and shall be funded through annual appropriations 
    to the Bureau of Reclamation.
        (2) Operation and maintenance.--The Federal share of the cost 
    of operation and maintenance of the Assiniboine and Sioux Rural 
    Water System shall be 100 percent, and shall be funded through 
    annual appropriations to the Bureau of Indian Affairs.

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, and shall be 
        funded with amounts appropriated from the reclamation fund. 
        Such amounts shall not be returnable or reimbursable under the 
        Federal reclamation laws.
            (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; 
    and
        (5) other facilities 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 to Congress of a final engineering report approved by 
    the Secretary; 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.--The Secretary shall--
        (1) interconnect the Dry Prairie Rural Water System with the 
    Assiniboine and Sioux Rural Water System; and
        (2) 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.
    (g) Limitation on Use of Federal Funds.--
        (1) In general.--The operation, maintenance, and replacement 
    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.
    (h) Title to Dry Prairie Rural Water System.--Title to the Dry 
Prairie Rural Water System shall be held by Dry Prairie Rural Water 
Association, Incorporated.

SEC. 6. USE OF PICK-SLOAN POWER.

    (a) In General.--From power designated for future irrigation and 
drainage pumping for the Pick-Sloan Missouri Basin program, the Western 
Area Power Administration shall make available, at the firm power rate, 
the capacity and energy required to meet the pumping and incidental 
operational requirements of the Fort Peck Reservation Rural Water 
System.
    (b) Qualification To Use Pick-Sloan Power.--For as long as the Fort 
Peck Reservation rural water supply system operates on a not-for-profit 
basis, the portions of the water supply project constructed with 
assistance under this Act shall be eligible to receive firm power from 
the Pick-Sloan Missouri Basin program established by section 9 of the 
Act of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known 
as the Flood Control Act of 1944.
    (c) Recovery of Expenses.--
        (1) Assiniboine and sioux rural water system.--In the case of 
    the Assiniboine and Sioux Rural Water System, the Western Area 
    Power Administration shall recover expenses associated with power 
    purchases under subsection (a) through a separate power charge 
    sufficient to cover such expenses. Such charge shall be paid fully 
    through the annual appropriations to the Bureau of Indian Affairs.
        (2) Dry prairie rural water system.--In the case of the Dry 
    Prairie Rural Water System, the Western Area Power Administration 
    shall recover expenses associated with power purchases under 
    subsection (a) through a separate power charge sufficient to cover 
    expenses. Such charge shall be paid fully by the Dry Prairie Rural 
    Water System.
    (d) Additional Power.--If power in addition to that made available 
under subsection (a) is required to meet the pumping requirements of 
the Fort Peck Reservation Rural Water System, the Administrator of the 
Western Area Power Administration may purchase the necessary additional 
power at the best available rate. The costs of such purchases shall be 
reimbursed to the Administrator according to the terms identified in 
subsection (c).

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.

    (a) In General.--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.
    (b) Offset Against Claims.--Any funds received by the Fort Peck 
Tribes pursuant to this Act shall be used to offset any claims for 
money damages against the United States by the Fort Peck Tribes, 
existing on the date of the enactment of this Act, for water rights 
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), or other law.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Assiniboine and Sioux Rural Water System.--There are authorized 
to be appropriated--
        (1) to the Bureau of Reclamation over a period of 10 fiscal 
    years, $124,000,000 for the planning, design, and construction of 
    the Assiniboine and Sioux Rural Water System; and
        (2) to the Bureau of Indian Affairs such sums as are necessary 
    for the operation and maintenance of the Assiniboine and Sioux 
    Rural Water System.
    (b) Dry Prairie Rural Water System.--There is authorized to be 
appropriated, over a period of 10 fiscal years, $51,000,000 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 October 1, 
1998, as indicated by engineering cost indices applicable for the type 
of construction involved.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.