[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4119 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4119

   To authorize the construction of the Dry-Redwater Regional Water 
  Authority System in the State of Montana and a portion of McKenzie 
             County, North Dakota, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

 Mr. Rehberg introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To authorize the construction of the Dry-Redwater Regional Water 
  Authority System in the State of Montana and a portion of McKenzie 
             County, North Dakota, 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 ``Dry-Redwater Regional Water 
Authority System Act of 2009''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) there are insufficient available supplies of safe water 
        to meet the minimum health and safety standards of the citizens 
        of--
                    (A) Dawson, Garfield, McCone, Prairie, and Richland 
                Counties of the State; and
                    (B) McKenzie County, North Dakota;
            (2) McCone and Garfield Counties of the State were--
                    (A) directly and physically impacted when the Fort 
                Peck Dam was constructed; and
                    (B) to receive certain impact benefits as a result 
                of the Pick-Sloan program; and
            (3) the water that is contained in the Fort Peck Dam 
        reservoir is managed for purposes relating to--
                    (A) flood control;
                    (B) the production of hydroelectric power;
                    (C) irrigation;
                    (D) the maintenance of a public water supply;
                    (E) the conservation of fish and wildlife;
                    (F) recreation; and
                    (G) the improvement of water quality.
    (b) Purpose.--The purpose of this Act is to ensure a safe and 
adequate municipal, rural, and industrial water supply for the citizens 
of--
            (1) Dawson, Garfield, McCone, Prairie, and Richland 
        Counties of the State; and
            (2) McKenzie County, North Dakota.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Western Area Power Administration.
            (2) Authority.--The term ``Authority'' means--
                    (A) the Dry-Redwater Regional Water Authority, a 
                publicly owned nonprofit water authority formed in 
                accordance with Mont. Code Ann. 75-6-302 (2007); and
                    (B) any nonprofit successor entity.
            (3) Pick-sloan program.--The term ``Pick-Sloan program'' 
        means the Pick-Sloan Missouri Basin Program (authorized by 
        section 9 of the Act of December 22, 1944; commonly known as 
        the ``Flood Control Act of 1944''; 58 Stat. 891, chapter 665).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Montana.
            (6) Water system.--The term ``Water System'' means the Dry-
        Redwater Regional Water Authority System authorized under 
        section 4 for--
                    (A) Dawson, Garfield, McCone, Prairie, and Richland 
                Counties of the State; and
                    (B) McKenzie County, North Dakota.
            (7) Non-federal distribution system.--The term ``non-
        Federal distribution system'' means the local electric service 
        facility provider.
            (8) Integrated system.--The term ``integrated system'' 
        means the transmission system owned by Western Area Power 
        Administration, Basin Electric Power Cooperative and Heartland 
        Consumers Power District and administered by Western Area Power 
        Administration.

SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.

    (a) Cooperative Agreement.--
            (1) In general.--The Secretary shall enter into a 
        cooperative agreement with the Authority to provide Federal 
        assistance for the planning, design, and construction of the 
        Water System.
            (2) Requirements.--A cooperative agreement entered into 
        under paragraph (1) shall specify, in a manner that is 
        acceptable to the Secretary and the Authority--
                    (A) the responsibilities of each party to the 
                cooperative agreement relating to the Water System, 
                including--
                            (i) the final engineering report;
                            (ii) an environmental and cultural resource 
                        study;
                            (iii) engineering and design;
                            (iv) construction;
                            (v) water conservation measures; and
                            (vi) administration of contracts relating 
                        to the performance of the activities described 
                        in clauses (i) through (v);
                    (B) any procedure or requirement relating to--
                            (i) the carrying out of each activity 
                        described in subparagraph (A); and
                            (ii) the approval and acceptance of the 
                        design and construction of the Water System; 
                        and
                    (C) the rights, responsibilities, and liabilities 
                of each party to the cooperative agreement.
    (b) Use of Federal Funds.--
            (1) Federal share.--
                    (A) In general.--The Federal share of the costs 
                relating to the planning, design, and construction of 
                the Water System shall not exceed 75 percent of the 
                total cost of the Water System.
                    (B) Limitation.--Amounts made available under 
                subparagraph (A) shall not be returnable or 
                reimbursable under the reclamation laws.
            (2) Compliance with cooperative agreement.--Federal funds 
        made available to carry out this section shall be obligated and 
        expended in accordance with a cooperative agreement entered 
        into by the Secretary under subsection (a).
    (c) Components.--Components of the Water System facilities for 
which Federal funds may be obligated and expended under this section 
shall include--
            (1) facilities relating to--
                    (A) water intake;
                    (B) water pumping;
                    (C) water treatment; and
                    (D) water storage;
            (2) transmission pipelines and pumping stations;
            (3) appurtenant buildings, maintenance equipment, and 
        access roads;
            (4) any interconnection facility that connects a pipeline 
        of the Water System to a pipeline of a public water system;
            (5) distribution, pumping, and storage facilities that--
                    (A) serve the needs of citizens who use public 
                water systems;
                    (B) are in existence on the date of the enactment 
                of this Act; and
                    (C) may be purchased, improved, and repaired in 
                accordance with a cooperative agreement entered into by 
                the Secretary under subsection (a)(1);
            (6) electrical power transmission and distribution 
        facilities required for the operation and maintenance of the 
        Water System;
            (7) any other facility or service required for the 
        development of a rural water distribution system, as determined 
        by the Secretary; and
            (8) any property or property right required for the 
        construction or operation of a facility described in this 
        subsection.
    (d) Service Area.--The service area of the Water System shall be--
            (1) the area of Garfield and McCone Counties in the State;
            (2) the area west of the Yellowstone River in Dawson and 
        Richland Counties in the State;
            (3) the area including, and north of, Township 15N in 
        Prairie County in the State; and
            (4) the portion of McKenzie County, North Dakota, that 
        includes all land that is located west of the Yellowstone River 
        in the State of North Dakota.
    (e) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for construction of the Water System 
until the date on which the last of the following occurs:
            (1) The Water System complies with each requirement under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
            (2) 90 days after the date of receipt by Congress of the 
        final engineering report described in subsection (a)(2)(A)(i) 
        that is approved by the Secretary.
            (3) The Secretary publishes a written finding that the 
        water conservation plan developed pursuant to section 6 
        contains water conservation measures for the operation of the 
        Water System that are--
                    (A) prudent;
                    (B) reasonable; and
                    (C) economically and financially feasible.
    (f) Limitation on Use of Federal Funds.--
            (1) In general.--Any cost relating to the operation, 
        maintenance, or replacement of the Water System--
                    (A) shall not be a Federal responsibility; and
                    (B) shall be paid by the Water System.
            (2) Federal funds.--The Secretary shall not obligate or 
        expend Federal funds for the operation, maintenance, or 
        replacement of the Water System.
    (g) Title to the Water System.--Title to the Water System shall be 
held by the Authority.

SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM.

    (a) Findings.--Congress finds that McCone and Garfield Counties in 
the State were designated--
            (1) as impact counties during the period in which the Fort 
        Peck Dam was constructed; and
            (2) to receive impact mitigation benefits in accordance 
        with the Pick-Sloan program.
    (b) Availability of Power.--
            (1) In general.--Subject to paragraph (2), the 
        Administrator shall make available to the Water System a 
        quantity of power required, up to one and one-half megawatt 
        capacity, to meet the pumping and incidental operation 
        requirements of the Water System during the period beginning 
        May 1 and ending on October 31 of each year from the following 
        Water System facilities--
                    (A) from the water intake facilities; and
                    (B) through all pumping stations, water treatment 
                facilities, reservoirs, storage tanks, and pipelines up 
                to the point of delivery of water by the water supply 
                system to all storage reservoirs and tanks and each 
                entity that distributes water at retail to individual 
                users.
            (2) Eligibility.--The Water System shall be eligible to 
        receive power under paragraph (1) if the Water System--
                    (A) operates on a not-for-profit basis; and
                    (B) is constructed pursuant to a cooperative 
                agreement entered into by the Secretary under section 
                4(a).
            (3) Rate.--The Administrator shall make available the power 
        described in paragraph (1) at the firm power rate.
            (4) Additional power.--If power, in addition to that made 
        available to the Water System in paragraph (1) is required to 
        meet the pumping requirements of the Dry-Redwater Regional 
        Water Authority, the Administrator may purchase the necessary 
        additional power at the best available rate. The costs of such 
        purchases shall be reimbursed to the Administrator by the Dry-
        Redwater Regional Water Authority.
            (5) Responsibility for power charges.--The Authority shall 
        be responsible for the payment of the power charge described in 
        paragraph (3) and non-Federal delivery costs described in 
        paragraph 6.
            (6) Transmission arrangements.--The Water System shall be 
        responsible for all non-Federal transmission and distribution 
        system delivery and service arrangements. The Water System 
        shall be responsible for funding any transmission upgrades, if 
        required, to the Integrated System necessary to deliver power 
        to the Water System.

SEC. 6. WATER CONSERVATION PLAN.

    (a) In General.--The Authority 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 carrying out the measures described 
        in paragraph (2) and this Act to meet the water conservation 
        objectives described in paragraph (1).
    (b) Design Requirement.--The water conservation plan developed 
under subsection (a) shall be designed to ensure that users of water 
provided by the Water System will use the best practical 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 each activity carried 
out under this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Water System.--There is authorized to be appropriated to carry 
out the planning, design, and construction of the Water System a total 
of $115,116,000 for fiscal years 2011 through 2021.
    (b) Cost Indexing.--The amount authorized to be appropriated under 
subsection (a) may be increased or decreased in accordance with 
ordinary fluctuations in development costs incurred after January 1, 
2008, as indicated by any available engineering cost indices applicable 
to construction activities that are similar to the construction of the 
Water System.
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