[Congressional Record Volume 165, Number 23 (Wednesday, February 6, 2019)]
[Senate]
[Pages S1008-S1009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 122. Mr. DAINES (for himself and Mr. Tester) submitted an
amendment intended to be proposed to amendment
[[Page S1009]]
SA 111 submitted by Ms. Murkowski (for herself and Mr. Manchin) and
intended to be proposed to the bill S. 47, to provide for the
management of the natural resources of the United States, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title VIII, add the following:
Subtitle H--Clean Water for Rural Communities
SEC. 8701. PURPOSE.
The purpose of this subtitle 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. 8702. DEFINITIONS.
In this subtitle:
(1) Authority.--The term ``Authority'' means--
(A) the Central Montana Regional Water Authority, a
publicly owned nonprofit water authority formed in accordance
with Mont. Code Ann. Sec. 75-6-302 (2007); and
(B) any nonprofit successor entity to the Authority
described in subparagraph (A).
(2) Musselshell-judith rural water system.--The term
``Musselshell-Judith Rural Water System'' means the
Musselshell-Judith Rural Water System authorized under
section 8703(a), 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 U.S. 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.
(3) State.--The term ``State'' means the State of Montana.
SEC. 8703. MUSSELSHELL-JUDITH RURAL WATER SYSTEM.
(a) Authorization.--The Secretary may carry out the
planning, design, and construction of 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
Musselshell-Judith Rural Water System.
(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 Musselshell-
Judith Rural Water System shall not exceed 65 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 subparagraph (B), the
Musselshell-Judith Rural Water System may use Federal funds
made available to carry out this section for--
(i) facilities relating to--
(I) water pumping;
(II) water treatment;
(III) water storage;
(IV) water supply wells;
(V) distribution pipelines; and
(VI) control systems;
(ii) transmission pipelines;
(iii) pumping stations;
(iv) appurtenant buildings, maintenance equipment, and
access roads;
(v) any interconnection facility that connects a pipeline
of the Musselshell-Judith Rural 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
Musselshell-Judith Rural 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) Limitation.--Federal funds made available to carry out
this section shall not be used for the operation,
maintenance, or replacement of the Musselshell-Judith Rural
Water System.
(C) Title.--Title to the Musselshell-Judith Rural Water
System shall be held by the Authority.
SEC. 8704. DRY-REDWATER FEASIBILITY STUDY.
(a) Definitions.--In this section:
(1) Dry-redwater regional water authority.--The term ``Dry-
Redwater Regional Water Authority'' means--
(A) the Dry-Redwater Regional Water Authority, a publicly
owned nonprofit water authority formed in accordance with
Mont. Code Ann. Sec. 75-6-302 (2007); and
(B) any nonprofit successor entity to the Authority
described in subparagraph (A).
(2) Dry-redwater regional water authority system.--The term
``Dry-Redwater Regional Water Authority System'' means the
project entitled the ``Dry-Redwater Regional Water Authority
System'', 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
(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.
(3) Reclamation feasibility standards.--The term
``reclamation feasibility standards'' means the eligibility
criteria and feasibility study requirements described in
section 106 of the Reclamation Rural Water Supply Act of 2006
(43 U.S.C. 2405) (as in effect on September 29, 2016).
(4) Submitted feasibility study.--The term ``submitted
feasibility study'' means 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.
(b) Study.--
(1) In general.--The Secretary, in consultation with the
Dry-Redwater Regional Water Authority, may undertake a study,
including a review of the submitted feasibility study, to
determine the feasibility of constructing the Dry-Redwater
Regional Water System.
(2) Requirement.--The study under paragraph (1) shall
comply with the reclamation feasibility standards.
(c) Cooperative Agreement.--If the Secretary determines
that the study under subsection (b) does not comply with the
reclamation feasibility standards, the Secretary may enter
into a cooperative agreement with the Dry-Redwater Regional
Water Authority to complete additional work to ensure that
the study complies with the reclamation feasibility
standards.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $5,000,000 to carry out
this section.
(e) Termination.--The authority provided by this section
shall expire on the date that is 5 years after the date of
enactment of this Act.
SEC. 8705. WATER RIGHTS.
Nothing in this subtitle--
(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. 8706. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated
to carry out the planning, design, and construction of the
Musselshell-Judith Rural Water System, substantially in
accordance with the cost estimate set forth in the
feasibility report described in section 8703(a), $56,650,000.
(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 November 1, 2014, as
indicated by any available engineering cost indices
applicable to construction activities that are similar to the
construction of the Musselshell-Judith Rural Water System.
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