[Congressional Record Volume 146, Number 106 (Tuesday, September 12, 2000)]
[House]
[Pages H7401-H7403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1600
FORT PECK RESERVATION RURAL WATER SYSTEM ACT OF 2000
Mr. WALDEN of Oregon. Mr. Speaker, I move to suspend the rules and
pass the Senate bill (S. 624) to authorize construction of the Fort
Peck Reservation Rural Water System in the State of Montana, and for
other purposes, as amended.
The Clerk read as follows:
S. 624
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 2000''.
SEC. 2. 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 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 within the boundaries of the Fort Peck Indian
Reservation;
(2) pipelines extending from the water treatment plant
throughout the Fort Peck Indian Reservation;
(3) 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;
(4) appurtenant buildings and access roads;
(5) all property and property rights necessary for the
facilities described in this subsection;
(6) electrical power transmission and distribution
facilities necessary for services to Fort Peck Reservation
Rural Water System facilities; and
(7) 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 to Congress of a final engineering report approved
by the Secretary; 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.).
[[Page H7402]]
(j) Cost Sharing.--
(1) Construction.--The Federal share of the cost of
construction of the Assiniboine and Sioux Rural Water System
shall be 100 percent, and shall be funded through annual
appropriations to the Bureau of Reclamation.
(2) Operation and maintenance.--The Federal share of the
cost of operation and maintenance of the Assiniboine and
Sioux Rural Water System shall be 100 percent, and shall be
funded through annual appropriations to the Bureau of Indian
Affairs.
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, and shall be
funded with amounts appropriated from the reclamation fund.
Such amounts shall not be returnable or reimbursable under
the Federal reclamation laws.
(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; and
(5) other facilities 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 to Congress of a final engineering report approved
by the Secretary; 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.--The Secretary shall--
(1) interconnect the Dry Prairie Rural Water System with
the Assiniboine and Sioux Rural Water System; and
(2) 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.
(g) Limitation on Use of Federal Funds.--
(1) In general.--The operation, maintenance, and
replacement 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.
(h) Title to Dry Prairie Rural Water System.--Title to the
Dry Prairie Rural Water System shall be held by Dry Prairie
Rural Water Association, Incorporated.
SEC. 6. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future
irrigation and drainage pumping for the Pick-Sloan Missouri
Basin program, the Western Area Power Administration shall
make available, at the firm power rate, the capacity and
energy required to meet the pumping and incidental
operational requirements of the Fort Peck Reservation Rural
Water System.
(b) Qualification to Use Pick-Sloan Power.--For as long as
the Fort Peck Reservation rural water supply system operates
on a not-for-profit basis, the portions of the water supply
project constructed with assistance under this Act shall be
eligible to receive firm power from the Pick-Sloan Missouri
Basin program established by section 9 of the Act of December
22, 1944 (chapter 665; 58 Stat. 887), popularly known as the
Flood Control Act of 1944.
(c) Recovery of Expenses.--
(1) Assiniboine and sioux rural water system.--In the case
of the Assiniboine and Sioux Rural Water System, the Western
Area Power Administration shall recover expenses associated
with power purchases under subsection (a) through a separate
power charge sufficient to cover such expenses. Such charge
shall be paid fully through the annual appropriations to the
Bureau of Indian Affairs.
(2) Dry prairie rural water system.--In the case of the Dry
Prairie Rural Water System, the Western Area Power
Administration shall recover expenses associated with power
purchases under subsection (a) through a separate power
charge sufficient to cover expenses. Such charge shall be
paid fully by the Dry Prairie Rural Water System.
(d) Additional Power.--If power in addition to that made
available under subsection (a) is required to meet the
pumping requirements of the Fort Peck Reservation Rural Water
System, the Administrator of the Western Area Power
Administration may purchase the necessary additional power at
the best available rate. The costs of such purchases shall be
reimbursed to the Administrator according to the terms
identified in subsection (c).
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.
(a) In General.--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.
(b) Offset Against Claims.--Any funds received by the Fort
Peck Tribes pursuant to this Act shall be used to offset any
claims for money damages against the United States by the
Fort Peck Tribes, existing on the date of the enactment of
this Act, for water rights 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), or other law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Assiniboine and Sioux Rural Water System.--There are
authorized to be appropriated--
(1) to the Bureau of Reclamation over a period of 10 fiscal
years, $124,000,000 for the planning, design, and
construction of the Assiniboine and Sioux Rural Water System;
and
(2) to the Bureau of Indian Affairs such sums as are
necessary for the operation and maintenance of the
Assiniboine and Sioux Rural Water System.
[[Page H7403]]
(b) Dry Prairie Rural Water System.--There is authorized to
be appropriated, over a period of 10 fiscal years,
$51,000,000 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 October 1, 1998, as indicated by
engineering cost indices applicable for the type of
construction involved.
The SPEAKER pro tempore (Mr. Quinn). Pursuant to the rule, the
gentleman from Oregon (Mr. Walden) and the gentleman from American
Samoa (Mr. Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Oregon (Mr. Walden).
General Leave
Mr. WALDEN of Oregon. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks on S. 624, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. WALDEN of Oregon. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, S. 624 was introduced by Senator Burns and a companion
bill, H.R. 1124, was introduced by the gentleman from Montana (Mr.
Hill).
The Fort Peck Reservation is located in northeastern Montana, and
suffers from the same problem of inadequate quantity and quality of
water supplies as do most areas in the High Plains. The adjacent
communities have the same problems, and this legislation contemplates
that the reservation water system would be sized to connect to a
distribution system for the surrounding communities.
All costs of the reservation system, including operations and
maintenance, would be a Federal responsibility. The costs associated
with the operation and maintenance of the system for the tribe shall be
funded through annual appropriations to the Bureau of Indian Affairs.
Federal costs for the Dry Prairie system shall not exceed 76 percent,
and the Federal government may not expend any Federal funds for
operations, maintenance, or replacement costs for the Dry Prairie
system.
Mr. Speaker, I urge passage of the Senate bill, S. 624, and I reserve
the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I thank my good friend, the gentleman
from Oregon, for the management of this legislation. I do want to
compliment and commend the gentleman from Montana, Senator Conrad
Burns, for his sponsorship of Senate bill 624.
The bill directs the Secretary of the Interior to plan, design,
construct, operate, maintain, and replace the Assiniboine and Sioux
rural water systems within the Fort Peck Indian Reservation in Montana,
and directs the Secretary to enter into a cooperative agreement with
the tribe. All costs of the Indian system would be nonreimbursable.
The bill also authorizes the Dry Prairie Rural Water System, a
project to serve non-Indian residents in the area, with the Federal
Government paying 76 percent of those project costs. The Dry Prairie
system would be interconnected with the Fort Peck Reservation system.
I note that S. 624 is opposed by the administration, primarily
because the administration believes the costs of non-Indian water
supply projects should be fully reimbursed by the project
beneficiaries. While I agree we should make every attempt to comply
with this policy goal, I believe that in this case some Federal cost-
sharing is appropriate.
I urge my colleagues to support this legislation.
Mr. HILL of Montana. Mr. Speaker, I support and urge the passage of
S. 624, The Fort Peck Rural Reservation Rural Water System Act. This
bill authorizes the construction of a fresh water system for residents
on and near the Fort Peck Indian Reservation in northeast Montana. I
introduced companion legislation along with Senator Burns, and a
version of his bill has already passed the Senate.
The need for a safe and reliable water source is particularly acute
on the Fort Peck Indian Reservation. In one community, sulfate levels
in the water are four times the standard for safe drinking water, and
in four communities, iron levels are five times the standard. The
unemployment rate on the Fort Peck Reservation is near 75 percent, and
the reservation has been plagued by health alerts for drinking water,
despite the fact that the area is located near one of the largest
manmade reservoirs in the United States. Health problems such as heart
disease, high blood pressure and diabetes run rampant.
A safe and reliable source of water is necessary to both improve
health and stimulate economic development on the reservation and in an
area of Montana far remote from any major population centers. Those who
live on the Fort Peck Reservation and in nearby communities deserve the
peace of mind that comes with a safe supply of water. S. 624 will
improve the water systems for at least 24,000 Montanans in this area,
and will provide water not only for drinking, but also for agriculture.
I would like to take this opportunity to thank a few of the people
without whom this bill would not have been possible. Former Montana
Lieutenant Governor Dennis Rehberg brought this issue to the attention
of House Leadership while Speaker Hastert was visiting Montana. Without
the renewed momentum due to Mr. Rehberg's efforts and the integrity of
the House Leadership, the water safety issues at Fort Peck may have
gone unaddressed. I would especially like to thank Chairman Doolittle
for his willingness not only to work with all those involved in the
bill, but to spearhead efforts to find a solution to this problem.
And certainly not least of all, I would like to thank Senator Conrad
Burns for being the champion of this project in the Senate. He has put
an extraordinary amount of work and effort into improving the lives and
health of the people in the Fort Peck area, and the residents there owe
him a debt of gratitude for moving this dream to the brink of reality.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. WALDEN of Oregon. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Oregon (Mr. Walden) that the House suspend the rules and
pass the Senate bill, S. 624, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.
____________________