[Congressional Record Volume 163, Number 49 (Tuesday, March 21, 2017)]
[Senate]
[Pages S1893-S1895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KAINE (for himself and Mr. Warner):
  S. 691. A bill to extend Federal recognition to the Chickahominy 
Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper 
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian 
Nation, and the Nansemond Indian Tribe; to the Committee on Indian 
Affairs.
  Mr. KAINE. Mr. President. I am pleased to reintroduce the Thomasina 
E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017. 
Indian Affairs previously voted our bill out of committee in the 113th 
Congress and by voice vote in the 114th Congress, and we remain hopeful 
that the full Senate will finally vote to recognize our Tribes in the 
115th Congress.
  This month marks the 400th anniversary of the death of Pocahontas, 
the famous daughter of Chief Powhatan, whose tribes were among the 
first to make contact with English settlers in the 17th century. Today, 
as we introduce this bill, a delegation from the Commonwealth, 
including Chief Stephen Adkins of the Chickahominy, Chief Anne 
Richardson of the Rappahannock, and Chief Emeritus Ken Adams of the 
Upper Mattaponi, is in England to commemorate the anniversary, 
including a presentation and ceremony at St. George's Church, Gravesend 
to honor Pocahontas.
  The ceremony reflects the sovereign recognition that the British 
Government grants to our Virginia tribes, which the United States has 
yet to acknowledge. This legislation is critically important because it 
strives toward reconciling an historic wrong for Virginia and the 
Nation. While the Virginia Tribes have received official recognition 
from the Commonwealth of Virginia, acknowledgement and officially-
recognized status from the Federal Government has been considerably 
more difficult due to their systematic mistreatment over the past 
century.
  More specifically, Virginia's Racial Integrity Act, a State law in 
effect from 1924 to 1967, stripped the identities of the Tribal members 
of Virginia's Indian Tribes. The act changed the racial identifications 
of those who lacked White ancestry to ``colored'' on birth certificates 
during that period. In addition, five of the six courthouses that held 
the vast majority of the Virginia Indian Tribal records were destroyed 
in the Civil War. Those records were crucial for documenting the 
history of the Tribes for recognition by the Bureau of Indian Affairs 
Office of Federal Acknowledgement.
  Furthermore, Virginia Indians made peace too soon when they signed 
the Treaty of Middle Plantation with England in 1677. This predated the 
creation of the United States of America by just short of 100 years, 
and the Founding Fathers of the United States never recognized the 
treaty. Therefore, unlike tribes that received Federal recognition upon 
the signing of a treaty with the United States, the Virginia Tribes did 
not receive Federal recognition because they made peace with England 
prior to the founding of our Nation.
  I am proud of Virginia's recognized Indian Tribes and their 
contributions to our Commonwealth. The Virginia Tribes are not only 
part of our history, but they remain ever present today. We go to 
school together, work together, and serve our Commonwealth and Nation 
together every day. These contributions should be acknowledged, and 
this Federal recognition for Virginia's Native peoples is long overdue.
  Virginia's Indian Tribes contributed to the successful founding of 
our country and continue to help define our national identity. Their 
members have attended our schools, worked next to us, and served in 
every American war since the Revolution, all while maintaining a unique 
identity and culture. I am hopeful the Senate will act upon my 
legislation this year, to give these six Virginia Native American 
Tribes the Federal recognition that is long overdue.
                                 ______
                                 
      By Mr. DAINES (for himself and Mr. Tester):
  S. 685. A bill to authorize the Dry-Redwater Regional Water Authority 
System and the Musselshell-Judith Rural Water System in the States of 
Montana and North Dakota, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. DAINES. Mr. President, water is a basic foundation of life. In 
Montana, we depend on a steady supply of water to drink, irrigate our 
crops, water our livestock, and provide energy through hydropower. 
Water is a precious resource, and there are still rural communities 
that face barriers to access and are in dire need of clean drinking 
water. The struggle for water continues to create health challenges for 
Indian Country and nearby communities, in addition to making economic 
development more difficult.
  There are approximately 35,000 Americans across 12 counties in both 
Montana and North Dakota whose existing public water supply systems are 
unable to provide them with water that meets the requirements of the 
Safe Drinking Water Act.
  The Bureau of Reclamation plays a critical role in managing the 
storage and delivery of water in the Western United States. Some of the 
earliest water projects built by the Bureau were built in Montana. 
These projects provided critical infrastructure for Montana 
homesteaders and were of critical importance to the long-term growth of 
our State. They are still vital today.
  That is why I am introducing the Clean Water for Rural Communities 
Act. This legislation would authorize the Bureau of Reclamation to 
provide Federal assistance for the planning, design, and construction 
of the Dry-Redwater Regional Water Authority System and the 
Musselshell-Judith Rural Water System in Montana and North Dakota. The 
Dry-Redwater and Musselshell-Judith rural water projects have spent 7 
and 11 years, respectively, in deliberation with the Bureau, as well as 
$4 million and $3 million in State, local, and Federal funding. It is 
critical we provide the Bureau of Reclamation the necessary 
authorization to complete these projects and provide clean and reliable 
water to 35,000 Montanans and North Dakotans.
  I thank Senator Tester for being an original cosponsor of this bill. 
I ask my Senate colleagues to join us in support of this important 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 685

       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 ``Clean Water for Rural 
     Communities Act''.

     SEC. 2. 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, Richland, Judith 
     Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and 
     Musselshell Counties in the State of Montana; 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) in the case of the Dry-Redwater Regional Water 
     Authority System--
       (i) the Dry-Redwater Regional Water Authority, which is a 
     publicly owned nonprofit water authority formed in accordance 
     with Mont. Code Ann. Sec.  75-6-302 (2007); and
       (ii) any nonprofit successor entity to the Authority 
     described in clause (i); and
       (B) in the case of the Musselshell-Judith Rural Water 
     System--
       (i) the Central Montana Regional Water Authority, which is 
     a publicly owned nonprofit water authority formed in 
     accordance with Mont. Code Ann. Sec.  75-6-302 (2007); and
       (ii) any nonprofit successor entity to the Authority 
     described in clause (i).
       (3) Dry-redwater regional water authority system.--The term 
     ``Dry-Redwater Regional Water Authority System'' means the 
     Dry-Redwater Regional Water Authority System authorized under 
     section 4(a)(1) with a project service area that includes--
       (A) Garfield and McCone Counties in the State;
       (B) the area west of the Yellowstone River in Dawson and 
     Richland Counties in the State;
       (C) T. 15 N. (including the area north of the Township) in 
     Prairie County in the State; and

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       (D) 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.
       (4) Integrated system.--The term ``integrated system'' 
     means the transmission system owned by the Western Area Power 
     Administration Basin Electric Power District and the 
     Heartland Consumers Power District.
       (5) Musselshell-judith rural water system.--The term 
     ``Musselshell-Judith Rural Water System'' means the 
     Musselshell-Judith Rural Water System authorized under 
     section 4(a)(2) with a project service area that includes--
       (A) Judith Basin, Wheatland, Golden Valley, and Musselshell 
     Counties in the State;
       (B) the portion of Yellowstone County in the State within 2 
     miles of State Highway 3 and within 4 miles of the county 
     line between Golden Valley and Yellowstone Counties in the 
     State, inclusive of the Town of Broadview, Montana; and
       (C) the portion of Fergus County in the State within 2 
     miles of US Highway 87 and within 4 miles of the county line 
     between Fergus and Judith Basin Counties in the State, 
     inclusive of the Town of Moore, Montana.
       (6) Non-federal distribution system.--The term ``non-
     Federal distribution system'' means a non-Federal utility 
     that provides electricity to the counties covered by the Dry-
     Redwater Regional Water Authority System.
       (7) Pick-sloan program.--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)).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (9) State.--The term ``State'' means the State of Montana.
       (10) Water system.--The term ``Water System'' means--
       (A) the Dry-Redwater Regional Water Authority System; and
       (B) the Musselshell-Judith Rural Water System.

     SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM AND 
                   MUSSELSHELL-JUDITH RURAL WATER SYSTEM.

       (a) Authorization.--The Secretary may carry out--
       (1) the project entitled the ``Dry-Redwater Regional Water 
     Authority System'' in a manner that is substantially in 
     accordance with the feasibility study entitled ``Dry-Redwater 
     Regional Water System Feasibility Study'' (including 
     revisions of the study), which received funding from the 
     Bureau of Reclamation on September 1, 2010; and
       (2) the project entitled the ``Musselshell-Judith Rural 
     Water System'' in a manner that is substantially in 
     accordance with the feasibility report entitled 
     ``Musselshell-Judith Rural Water System Feasibility Report'' 
     (including any and all revisions of the report).
       (b) Cooperative Agreement.--The Secretary shall enter into 
     a cooperative agreement with the Authority to provide Federal 
     assistance for the planning, design, and construction of the 
     Water Systems.
       (c) Cost-Sharing Requirement.--
       (1) Federal share.--
       (A) In general.--The Federal share of the costs relating to 
     the planning, design, and construction of the Water Systems 
     shall not exceed--
       (i) in the case of the Dry-Redwater Regional Water 
     Authority System--

       (I) 75 percent of the total cost of the Dry-Redwater 
     Regional Water Authority System; or
       (II) such other lesser amount as may be determined by the 
     Secretary, acting through the Commissioner of Reclamation, in 
     a feasibility report; or

       (ii) in the case of the Musselshell-Judith Rural Water 
     System, 75 percent of the total cost of the Musselshell-
     Judith Rural Water System.
       (B) Limitation.--Amounts made available under subparagraph 
     (A) shall not be returnable or reimbursable under the 
     reclamation laws.
       (2) Use of federal funds.--
       (A) General uses.--Subject to subparagraphs (B) and (C), 
     the Water Systems may use Federal funds made available to 
     carry out this section for--
       (i) facilities relating to--

       (I) water pumping;
       (II) water treatment; and
       (III) water storage;

       (ii) transmission pipelines;
       (iii) pumping stations;
       (iv) appurtenant buildings, maintenance equipment, and 
     access roads;
       (v) any interconnection facility that connects a pipeline 
     of the Water System to a pipeline of a public water system;
       (vi) electrical power transmission and distribution 
     facilities required for the operation and maintenance of the 
     Water System;
       (vii) any other facility or service required for the 
     development of a rural water distribution system, as 
     determined by the Secretary; and
       (viii) any property or property right required for the 
     construction or operation of a facility described in this 
     subsection.
       (B) Additional uses.--In addition to the uses described in 
     subparagraph (A)--
       (i) the Dry-Redwater Regional Water Authority System may 
     use Federal funds made available to carry out this section 
     for--

       (I) facilities relating to water intake; and
       (II) distribution, pumping, and storage facilities that--

       (aa) serve the needs of citizens who use public water 
     systems;
       (bb) are in existence on the date of enactment of this Act; 
     and
       (cc) may be purchased, improved, and repaired in accordance 
     with a cooperative agreement entered into by the Secretary 
     under subsection (b); and
       (ii) the Musselshell-Judith Rural Water System may use 
     Federal funds made available to carry out this section for--

       (I) facilities relating to--

       (aa) water supply wells; and
       (bb) distribution pipelines; and

       (II) control systems.

       (C) Limitation.--Federal funds made available to carry out 
     this section shall not be used for the operation, 
     maintenance, or replacement of the Water Systems.
       (D) Title.--Title to the Water Systems shall be held by the 
     Authority.

     SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM BY THE DRY-
                   REDWATER REGIONAL WATER AUTHORITY SYSTEM.

       (a) Finding.--Congress finds that--
       (1) McCone and Garfield Counties in the State were 
     designated as impact counties during the period in which the 
     Fort Peck Dam was constructed; and
       (2) as a result of the designation, the Counties referred 
     to in paragraph (1) were 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 Dry-Redwater 
     Regional Water Authority System a quantity of power required, 
     of up to 1\1/2\ megawatt capacity, to meet the pumping and 
     incidental operation requirements of the Dry-Redwater 
     Regional Water Authority System during the period beginning 
     on May 1 and ending on October 31 of each year--
       (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 Dry-Redwater Regional Water Authority 
     System shall be eligible to receive power under paragraph (1) 
     if the Dry-Redwater Regional Water Authority 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(b).
       (3) Rate.--The Administrator shall establish the cost of 
     the power described in paragraph (1) at the firm power rate.
       (4) Additional power.--
       (A) In general.--If power, in addition to that made 
     available to the Dry-Redwater Regional Water Authority System 
     under paragraph (1), is necessary 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.
       (B) Reimbursement.--The cost of purchasing additional power 
     shall be reimbursed to the Administrator by the Dry-Redwater 
     Regional Water Authority.
       (5) Responsibility for power charges.--The Dry-Redwater 
     Regional Water Authority shall be responsible for the payment 
     of the power charge described in paragraph (4) and non-
     Federal delivery costs described in paragraph (6).
       (6) Transmission arrangements.--
       (A) In general.--The Dry-Redwater Regional Water Authority 
     System shall be responsible for all non-Federal transmission 
     and distribution system delivery and service arrangements.
       (B) Upgrades.--The Dry-Redwater Regional Water Authority 
     System shall be responsible for funding any transmission 
     upgrades, if required, to the integrated system necessary to 
     deliver power to the Dry-Redwater Regional Water Authority 
     System.

     SEC. 6. WATER RIGHTS.

       Nothing in this Act--
       (1) preempts or affects any State water law; or
       (2) affects any authority of a State, as in effect on the 
     date of enactment of this Act, to manage water resources 
     within that State.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--There are authorized to be appropriated 
     such sums as are necessary to carry out the planning, design, 
     and construction of the Water Systems, substantially in 
     accordance with the cost estimate set forth in the applicable 
     feasibility study or feasibility report described in section 
     4(a).
       (b) Cost Indexing.--
       (1) In general.--The amount authorized to be appropriated 
     under subsection (a) may be increased or decreased in 
     accordance with ordinary fluctuations in development costs 
     incurred after the applicable date specified in paragraph 
     (2), as indicated by any available engineering cost indices 
     applicable to construction activities that are similar to the 
     construction of the Water Systems.
       (2) Applicable dates.--The date referred to in paragraph 
     (1) is--
       (A) in the case of the Dry-Redwater Regional Water 
     Authority System, January 1, 2008; and

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       (B) in the case of the Musselshell-Judith Rural Water 
     Authority System, November 1, 2014.

                          ____________________