1.This Act may be cited as
the Dry-Redwater Regional Water
Authority System Act of 2009
.
2.
(a)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)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.
3.In this Act:
(1)The
term Administrator means the Administrator of the Western Area
Power Administration.
(2)The
term Authority means—
(A)the Dry-Redwater
Regional Water Authority, which is a publicly owned nonprofit water authority
formed in accordance with Mont. Code Ann. § 75–6–302 (2007); and
(B)any nonprofit
successor entity.
(3)The term firm power rate means the rate charged
by the Administrator for the Pick-Sloan Missouri Basin Program—Eastern
Division.
(4)The term Pick-Sloan program means the
Pick-Sloan Missouri River 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)).
(5)The
term Secretary means the Secretary of the Interior.
(6)The
term State means the State of Montana.
(7)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.
4.Dry-Redwater
Regional Water Authority System
(a)
(1)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)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)
(1)
(A)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)Amounts
made available under subparagraph (A) shall not be returnable or reimbursable
under the reclamation laws.
(2)Compliance with
cooperative agreementFederal 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)(1).
(c)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 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)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 fundsThe Secretary shall not
obligate funds for construction of the Water System until the date—
(1)on which the
Water System complies with each requirement under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(2)that is 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; and
(3)on which 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)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)The Secretary shall not obligate or expend Federal funds
for the operation, maintenance, or replacement of the Water System.
(g)Title to the
Water SystemTitle to the Water System shall be held by the
Authority.
5.Use of power
from Pick-Sloan program
(a)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)
(1)Subject to paragraph (2), the Administrator shall make
available to the Water System a quantity of power required to meet the pumping
and incidental operation requirements of the Water System—
(A)from the water
intake facilities; and
(B)through—
(i)the
water treatment facilities; and
(ii)all first water
distribution pumping facilities.
(2)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)(1).
(3)The
Administrator shall establish the cost of the power described in paragraph (1)
at the firm power rate.
(4)The Administrator shall recover the costs associated
with the quantity of power used by the Authority under paragraph (1).
(5)Responsibility
for expensesThe Authority shall be responsible for the payment
of the costs described in paragraph (4).
6.
(a)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)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)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.
7.Authorization of
appropriations
(a)There is authorized to be appropriated to carry out the
planning, design, and construction of the Water System $115,116,000 for the
period of fiscal years 2010 through 2020.
(b)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.