[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 934 Referral Instructions Senate (RIS)]







107th CONGRESS
  2d Session
                                 S. 934

 To require the Secretary of the Interior to construct the Rocky Boy's/
North Central Montana Regional Water System in the State of Montana, to 
offer to enter into an agreement with the Chippewa Cree Tribe to plan, 
design, construct, operate, maintain and replace the Rocky Boy's Rural 
 Water System, and to provide assistance to the North Central Montana 
Regional Water Authority for the planning, design, and construction of 
              the noncore system, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2001

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

                 May 16 (legislative day, May 9), 2002

 Committee discharged; ordered referred to the Committee on Energy and 
 Natural Resources and if reported the measure then be referred to the 
                      Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Interior to construct the Rocky Boy's/
North Central Montana Regional Water System in the State of Montana, to 
offer to enter into an agreement with the Chippewa Cree Tribe to plan, 
design, construct, operate, maintain and replace the Rocky Boy's Rural 
 Water System, and to provide assistance to the North Central Montana 
Regional Water Authority for the planning, design, and construction of 
              the noncore system, 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 ``Rocky Boy's/North Central Montana 
Regional Water System Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the water systems serving residents of the Rocky Boy's 
        Reservation in the State of Montana--
                    (A) do not meet minimum health and safety 
                standards;
                    (B) pose a threat to public health and safety; and
                    (C) are inadequate to supply the water needs of the 
                Chippewa Cree Tribe;
            (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 Reservation;
            (3) the entities administering the rural and municipal 
        water systems in North Central Montana are having difficulty 
        complying with regulations promulgated under the Safe Drinking 
        Water Act (42 U.S.C. 300f et seq.); and
            (4) Lake Elwell, near Chester, Montana, would provide the 
        most available, reliable, and safe rural and municipal water 
        supply for serving the needs of the Reservation and north 
        central Montana.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure a safe and adequate rural, municipal, and 
        industrial water supply for the residents of the Rocky Boy's 
        Reservation in the State of Montana;
            (2) to assist the citizens residing in Chouteau, Hill, 
        Liberty, Pondera, Teton, and Toole Counties, Montana, but 
        outside the Reservation, in developing safe and adequate rural, 
        municipal, and industrial water supplies;
            (3) to require the Secretary of the Interior, acting 
        through the Commissioner of Reclamation--
                    (A) to plan, design, and construct the core and 
                noncore systems of the Rocky Boy's/North Central 
                Montana Regional Water System in the State of Montana; 
                and
                    (B) to operate, maintain, and replace the core 
                system and the on-Reservation water distribution 
                systems, including service connections to communities 
                and individuals; and
            (4) to require the Secretary, at the request of the 
        Chippewa Cree Tribe, to enter into a self-governance agreement 
        with the Tribe under title IV of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 458aa et seq.), under 
        which the Tribe will plan, design, construct, operate, 
        maintain, and replace (including service connections to 
        communities and individuals)--
                    (A) the core system of the water supply system; and
                    (B) on-Reservation water distribution systems.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Authority.--The term ``Authority'' means the North 
        Central Montana Regional Water Authority established under 
        State law to allow public agencies to join together to secure 
        and provide water for resale.
            (2) Core system.--The term ``core system'' means a 
        component of the water system described in section 4(a)(5) and 
        the study.
            (3) Noncore system.--The term ``noncore system'' means the 
        rural water system for Chouteau, Hill, Liberty, Pondera, Teton, 
        and Toole Counties, Montana, described in section 5(c) and the 
        study.
            (4) Reservation.--
                    (A) In general.--The term ``Reservation'' means the 
                Rocky Boy's Reservation in the State.
                    (B) Inclusions.--The term ``Reservation'' includes 
                all land and interests in land that are held in trust 
                by the United States for the Tribe (including future 
                additions to the Reservation).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (6) State.--The term ``State'' means the State of Montana.
            (7) Study.--The term ``study'' means the study entitled 
        ``North Central Montana Regional Water System Planning/
        Environmental Report'' dated May 2000 (including the needs 
        assessment, environmental report, and feasibility level study).
            (8) Tribe.--The term ``Tribe'' means--
                    (A) the Chippewa Cree Tribe on the Reservation; and
                    (B) all officers, agents, and departments of the 
                Tribe.
            (9) Water system.--The term ``water system'' means--
                    (A) the core system; and
                    (B) on-Reservation water distribution systems.

SEC. 4. ROCKY BOY'S RURAL WATER SYSTEM.

    (a) Core System.--
            (1) In general.--The Secretary shall plan, design, 
        construct, operate, maintain, and replace the core system.
            (2) Federal share.--
                    (A) Planning, design, and construction.--The 
                Federal share of the cost of planning, design, and 
                construction of the core system shall be--
                            (i) 100 percent; and
                            (ii) funded through annual appropriations 
                        to the Bureau of Reclamation.
                    (B) Operation, maintenance, and replacement.--The 
                Federal share of the cost of operation, maintenance, 
                and replacement of the core system shall be--
                            (i) 100 percent of the Tribe's share of the 
                        total capacity of the core pipeline of the core 
                        system; and
                            (ii) funded through annual appropriations 
                        to the Bureau of Indian Affairs.
            (3) Non-federal share.--The non-Federal share of the cost 
        of operation, maintenance, and replacement of the core shall 
        be--
                    (A) prorated according to the nontribal users' 
                share of the total capacity of the core pipeline of the 
                core system; and
                    (B) fully reimbursable to the Secretary.
            (4) Agreements.--Federal funds made available to carry out 
        this subsection may be obligated and expended only in 
        accordance with an agreement entered into under subsection (c).
            (5) Components.--The core system shall consist of--
                    (A) intake, pumping, water storage, and treatment 
                facilities located at Tiber Reservoir, with water 
                obtained from Lake Elwell stored behind Tiber Dam, near 
                Chester, Montana;
                    (B) transmission pipelines, pumping stations, and 
                storage reservoirs extending from Lake Elwell near 
                Chester, Montana, approximately 60 miles east to the 
                communities throughout the Reservation;
                    (C) appurtenant buildings and access roads;
                    (D) all property and property rights necessary for 
                the facilities described in this subsection; and
                    (E) electrical power transmission and distribution 
                facilities necessary for services to core system 
                facilities and noncore system facilities.
    (b) On-Reservation Water Distribution Systems.--
            (1) In general.--The Secretary shall operate, maintain, and 
        replace the water distribution systems of the Reservation.
            (2) Federal share.--The Federal share of the cost of 
        operation, maintenance, and replacement of a water distribution 
        system on the Reservation shall be--
                    (A) 100 percent; and
                    (B) funded through annual appropriations to the 
                Bureau of Indian Affairs.
            (3) Agreements.--Federal funds made available to carry out 
        this subsection may be obligated and expended only in 
        accordance with an agreement entered into under subsection (c).
            (4) Components.--The water distribution systems of the 
        Reservation shall consist of--
                    (A) water systems in existence on the date of 
                enactment of this Act that may be purchased, improved, 
                and repaired in accordance with an agreement entered 
                into under subsection (c);
                    (B) water systems owned by individual members of 
                the Tribe and other residents of the Reservation;
                    (C) any water distribution system that is upgraded 
                to current standards, disconnected from low-quality 
                wells, or expanded to serve increased demands;
                    (D) interconnections; and
                    (E) such other pipelines, pumping plants, power 
                lines, and facilities as the Secretary determines to be 
                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 Tribe and the villages, communities, 
                and towns on the Reservation.
    (c) Agreements.--
            (1) In general.--At the request of the Tribe, the Secretary 
        shall enter into a self-governance agreement under title IV of 
        the Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 458aa et seq.) with the Tribe to, in accordance with 
        this Act--
                    (A) plan, design, construct, operate, maintain, and 
                replace the core system; and
                    (B) operate, maintain, and replace on-Reservation 
                water distribution systems.
            (2) Project oversight administration.--The amount of 
        Federal funds that may be used to carry out paragraph (1)(A) 
        shall not exceed the amount that is equal to 3 percent of the 
        total field cost budget provided in the construction budget for 
        the core system prepared by the Tribe and approved by the 
        Secretary for the entire project construction period.
    (d) Service Area.--The service area of the core system shall be the 
Reservation and those non-tribal communities and persons that are 
supplied with water directly from the core transmission line of the 
core system.
    (e) Construction Requirements.--The components of the core system 
shall be planned and constructed to the extent necessary to meet the 
municipal, rural, and industrial water supply requirements of the 
service area of the core system as described in the study.
    (f) Title to Core System.--Title to the core system--
            (1) shall be held in trust by the United States for the 
        Tribe; and
            (2) shall not be transferred unless a transfer is 
        authorized by an Act of Congress enacted after the date of 
        enactment of this Act.
    (g) Technical Assistance.--The Secretary shall provide such 
technical assistance as is necessary to enable the Tribe to plan, 
design, construct, operate, maintain, and replace the core system, 
including operation and management training.

SEC. 5. NONCORE SYSTEM.

    (a) In General.--The Secretary shall enter into a cooperative 
agreement with the Authority to provide Federal funds for the planning, 
design, and construction of the noncore system in Chouteau, Hill, 
Liberty, Pondera, Teton, and Toole Counties, Montana, outside the 
Reservation.
    (b) Federal Share.--
            (1) Planning, design, and construction.--The Federal share 
        of the cost of planning, design, and construction of the 
        noncore system shall be not more than 75 percent, as determined 
        by the Secretary.
            (2) Operation, maintenance, and replacement.--The cost of 
        operation, maintenance, and replacement of the noncore system 
        shall be fully reimbursable to the Secretary.
            (3) Cooperative agreement.--Federal funds made available to 
        carry out this section may be obligated and expended only in 
        accordance with a cooperative agreement entered into under 
        subsection (d).
    (c) Components.--The components of the noncore system on which 
Federal funds may be obligated and expended under this section shall 
include--
            (1) storage, pumping, 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 noncore system facilities;
            (5) planning and design services for all such facilities; 
        and
            (6) other facilities and services customary to the 
        development of a rural water distribution system in the State.
    (d) Cooperative Agreement.--
            (1) In general.--At the request of the Chippewa Cree Water 
        Resources Subcommittee, the Secretary shall enter into a 
        cooperative agreement with the Authority to provide Federal 
        assistance for the planning, design, and construction of the 
        noncore system.
            (2) Mandatory provisions.--The cooperative agreement under 
        paragraph (1) shall specify, in a manner that is acceptable to 
        the Secretary, the Tribe, and the Authority--
                    (A) the responsibilities of each party to the 
                agreement for--
                            (i) the final engineering report;
                            (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) Project oversight administration.--The amount of 
        Federal funds that may be used to carry out paragraph (1) shall 
        not exceed the amount that is equal to 3 percent of the total 
        field cost budget provided in the construction budget for the 
        noncore system prepared by the Authority and approved by the 
        Secretary for the entire project construction period.
            (4) Oversight.--The Authority shall have oversight 
        responsibility over the noncore system.
    (e) Service Area.--
            (1) In general.--Except as provided in paragraph (2), the 
        service area of the noncore system shall be generally defined 
        as the area--
                    (A) north of the Missouri River and Dutton, 
                Montana;
                    (B) south of the border between the United States 
                and Canada;
                    (C) west of Havre, Montana; and
                    (D) east of Cut Bank, Montana.
            (2) Exclusions from service area.--The service area of the 
        noncore system shall not include the area inside the 
        Reservation.
    (f) Limitation on Use of Federal Funds.--The operation and 
maintenance expenses associated with nontribal water deliveries from 
the core system to the noncore system--
            (1) shall not be a Federal responsibility; and
            (2) shall be borne by the noncore system.
    (g) Title to Noncore System.--Title to the noncore system shall be 
held by the Authority.

SEC. 6. LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.

    The Secretary shall not obligate funds for construction of the core 
system or the noncore 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 core system and the noncore system; and
            (2) the date that is 90 days after the date of submission 
        to Congress of a final engineering report approved by the 
        Secretary.

SEC. 7. INTERCONNECTION CHARGES.

    The cost of interconnection of nontribal community water 
distribution systems and individual service systems to transmission 
lines of the core system and noncore system shall be the responsibility 
of the entities receiving water from the transmission lines.

SEC. 8. NONDIMINISHMENT OF TIBER RESERVOIR ALLOCATION TO THE TRIBE.

    In providing for the delivery of water to the noncore system, the 
Secretary shall not diminish the 10,000 acre-feet per year of water 
stored for the Tribe pursuant to section 201 of the Chippewa Cree Tribe 
of The Rocky Boy's Reservation Indian Reserved Water Rights Settlement 
and Water Supply Enhancement Act of 1999 (Public Law 106-163; 113 Stat. 
1789) in Lake Elwell, Lower Marias Unit, Upper Missouri Division, Pick-
Sloan Missouri Basin Program, Montana.

SEC. 9. USE OF PICK-SLOAN POWER.

    (a) In General.--The Secretary shall authorize and provide for the 
use of power from the Pick-Sloan Eastern Division to start up and 
operate the water system and the noncore system.
    (b) Reservation of Power.--The Secretary shall reserve, and make 
available, for the purpose authorized by subsection (a)--
            (1) during the irrigation season, Pick-Sloan Eastern 
        Division power identified for future project use pumping; and
            (2) during the nonirrigation season, Pick-Sloan Eastern 
        Division preference power, 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 nonirrigation season, the wholesale firm 
        power rate.
    (d) Additional Power.--If power in addition to the power made 
available under subsection (b) is required to meet the pumping 
requirements of the service area of the water system and the noncore 
system, 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.--Expenses associated with power purchases 
under subsections (a) and (d) shall be included in the operation, 
maintenance, and replacement costs and recovered in accordance with 
sections 4(a)(3)(B) and section 5(b)(2).

SEC. 10. WATER CONSERVATION PLAN.

    (a) In General.--The Tribe and the Authority shall develop a water 
conservation plan that contains--
            (1) a description of water conservation objectives;
            (2) a description of appropriate water conservation 
        measures; and
            (3) a time schedule for implementing the water conservation 
        measures 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 core system, 
on-Reservation water distribution systems, and the noncore 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. 11. 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 Tribe to water, located within 
        or outside the external boundaries of the 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 Tribe or by any other 
        Indian tribe or individual Indian under Federal or State law.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) Core System.--There are authorized to be appropriated--
            (1) $120,000,000 for the planning, design, and construction 
        of the core system; and
            (2) such sums as are necessary for the operation, 
        maintenance, and replacement of the water system, including 
        power costs of the Western Area Power Administration.
    (b) Noncore System.--There is authorized to be appropriated 
$60,000,000 for the planning, design, and construction of the noncore 
system.
    (c) Cost Indexing.--The sums authorized to be appropriated under 
this section may be increased or decreased by such amounts as are 
justified by reason of ordinary fluctuations in development costs 
incurred after July 1, 1997, as indicated by engineering cost indices 
applicable for the type of construction involved.
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