[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11804-S11805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         FORT PECK RURAL COUNTY WATER SUPPLY SYSTEM ACT OF 1996

  Mr. NICKLES. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on (S. 1467) to authorize the 
construction of the Fort Peck Rural County Water Supply System, to 
authorize assistance to the Fort Peck Rural County Water District, 
Inc., a nonprofit corporation, for the planning, design, and 
construction of the water supply system, and for other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1467) entitled 
     ``An Act to authorize the construction of the Fort Peck Rural 
     County Water Supply System, to authorize assistance to the 
     Fort Peck Rural County Water District, Inc., a nonprofit 
     corporation, for the planning, design, and construction of 
     the water supply system, and for other purposes'', do pass 
     with the following amendment:
       Strike out all after the enacting clause, and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Peck Rural County Water 
     Supply System Act of 1996''.

     SEC. 2. DEFINITIONS.

       For the purposes of this Act:
       (1) Construction.--The term ``construction'' means such 
     activities associated with the actual development or 
     construction of facilities as are initiated on execution of 
     contracts for construction.
       (2) District.--The term ``District'' means the Fort Peck 
     Rural County Water District, Inc., a nonprofit corporation in 
     Montana.
       (3) Feasibility study.--The term ``feasibility study'' 
     means the study entitled ``Final Engineering Report and 
     Alternative Evaluation for the Fort Peck Rural County Water 
     District'', dated September 1994.
       (4) Planning.--the term ``planning'' means activities such 
     as data collection, evaluation, design, and other associated 
     preconstruction activities required prior to the execution of 
     contracts for construction.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Water supply system.--The term ``water supply system'' 
     means the Fort Peck Rural County Water Supply System, to be 
     established and operated substantially in accordance with the 
     feasibility study.

     SEC. 3. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

       (a) In General.--Upon request of the District, the 
     Secretary shall enter into a cooperative agreement with the 
     District for the planning, design, and construction by the 
     District of the water supply system. Title to this project 
     shall remain in the name of the District.
       (b) Service Area.--The water supply system shall provide 
     for safe and adequate rural water supplies under the 
     jurisdiction of the District in Valley County, north-eastern 
     Montana (as described in the feasibility study).
       (c) Amount of Federal Contribution.--
       (1) In general.--Subject to paragraph (3), under the 
     cooperative agreement, the Secretary shall pay the Federal 
     share of--
       (A) costs associated with the planning, design, and 
     construction of the water supply system (as identified in the 
     feasibility study); and
       (B) such sums as are necessary to defray increases in the 
     budget.
       (2) Federal share.--The Federal share referred to in 
     paragraph (1) shall be 75 percent and shall not be 
     reimbursable.
       (3) Total.--The amount of Federal funds made available 
     under the cooperative agreement shall not exceed the amount 
     of funds authorized to be appropriated under section 4.
       (4) Limitations.--Not more than 5 percent of the amount of 
     Federal funds made available to the Secretary under section 4 
     may be used by the Secretary for activities associated with--
       (A) compliance with the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.); and

[[Page S11805]]

       (B) oversight of the planning, design, and construction by 
     the District of the water supply system.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS

       There are authorized to be appropriated to carry out this 
     Act $5,800,000. This authorization shall terminate after a 
     period of 5 complete fiscal years after the date of enactment 
     of this Act unless the Congress has appropriated funds for 
     the construction purposes of this Act. This authorization 
     shall be extended 1 additional year if the Secretary has 
     requested such appropriation. 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, 1994, as 
     indicated by engineering cost indices applicable to the type 
     of construction project authorized under this Act. All costs 
     which exceed the amounts authorized by this Act, including 
     costs associated with the ongoing energy needs, operation, 
     and maintenance of this project shall remain the 
     responsibility of the District.

     SEC. 5. CACHUMA PROJECT, BRADBURY DAM, CALIFORNIA.

       The prohibition against obligating funds for construction 
     until 60 days from the date that the Secretary of the 
     Interior transmits a report to the Congress in accordance 
     with section 5 of the Reclamation Safety of the Reclamation 
     Safety of Dams Act of 1978 (43 U.S.C. 509) is waived for the 
     Cachuma Project, Bradbury Dam, California.

  Mr. NICKLES. Mr. President, I ask unanimous consent the Senate concur 
in the House amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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