[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 624 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 624
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
March 16, 1999
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 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.
<all>