[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Pages 31168-31172]
[From the U.S. Government Publishing Office, www.gpo.gov]



          FORT PECK RESERVATION RURAL WATER SYSTEM ACT OF 1999

  The Senate proceeded to consider the bill (S. 624) to authorize 
construciton of the Fort Peck Reservation Rural Water System in the 
State of Montana, and for other purposes, which had been reported from 
the Committee on Energy and Natural Resources, with an amendment to 
strike all after the enacting clause and inserting in lie thereof the 
following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Peck Reservation Rural 
     Water System Act of 1999''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) there are insufficient water supplies available to 
     residents of the Fort Peck Indian Reservation in the State of 
     Montana, and the water systems that are available do not meet 
     minimum health and safety standards and therefore pose a 
     threat to public health and safety;
       (2) in carrying out its trust responsibility, the United 
     States should ensure that adequate and safe water supplies 
     are available to meet the economic, environmental, water 
     supply, and public health needs of the Fort Peck Indian 
     Reservation; and
       (3) the best available, reliable, and safe rural and 
     municipal water supply to serve the needs of the Fort Peck 
     Indian Reservation is the Missouri River.
       (b)  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

[[Page 31169]]

     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.).

      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.
       (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.--
       (1) In general.--The Secretary shall--
       (A) interconnect the Dry Prairie Rural Water System with 
     the Assiniboine and Sioux Rural Water System; and
       (B) 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.
       (2) Charges.--The Secretary shall not charge for the water 
     delivered.
       (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 
     River Basin Program, the Western Area Power Administration 
     shall make available the capacity and energy required to meet 
     the pumping, treatment, and incidental operational 
     requirements of the Dry Prairie Rural Water System and 
     Assiniboine and Sioux Rural Water System, as described in 
     sections 4 and 5.
       (b) Conditions.--The capacity and energy described in 
     subsection (a) shall be made available on the following 
     conditions:
       (1) The Dry Prairie Rural Water System and Assiniboine and 
     Sioux Rural Water Systems shall be operated on a not-for-
     profit basis.
       (2) The Dry Prairie Rural Water System and Assiniboine and 
     Sioux Rural Water System shall contract to purchase their 
     entire electric service requirements, including the capacity 
     and energy made available under subsection (a), from a 
     qualified preference power supplier that purchases power from 
     the Western Area Power Administration.
       (3) The rate schedule applicable to the capacity and energy 
     made available under subsection (a) shall be the wholesale 
     firm power rate schedule of the Pick-Sloan Eastern Division 
     of the Western Area Power Administration in effect when the 
     power is delivered by the Administration.
       (4) It shall be agreed by contract among--
       (A) the Western Area Power Administration;
       (B) the power supplier with which the water Dry Prairie 
     Rural Water System and Assiniboine and Sioux Rural Water 
     System contract under paragraph (2);
       (C) the power supplier of the entity described in 
     subparagraph (B);
       (D) the Dry Prairie Rural Water Association, Inc.; and
       (E) the Fort Peck Tribes;

     that in the case of the capacity and energy made available 
     under subsection (a), the benefit of the rate schedule 
     described in paragraph (3) shall be passed through to the Dry 
     Prairie Rural Water System and Assiniboine and Sioux Rural 
     Water System, except that the power supplier of the Dry 
     Prairie Rural Water System and Assiniboine and Sioux Rural 
     Water System shall not be precluded from including, in the 
     charges of the supplier to the water system for the electric 
     service, the other usual and customary charges of the 
     supplier.
       (c) Additional Power.--If power in addition to that made 
     available under subsection (a) is required to meet the 
     pumping requirements of the service area of the Fort Peck 
     Reservation Rural Water System described in sections 4 and 5, 
     the Administrator of the Western Area Power Administration 
     may purchase the necessary additional power under such terms 
     and conditions as the Administrator determines to be 
     appropriate.
       (d) Recovery of Expenses.--
       (1) Assiniboine and sioux rural water system.--In the case 
     of the Assiniboine and Sioux Rural Water System, expenses 
     associated with power purchases under subsection (a) shall be 
     recovered through a separate power charge, sufficient to 
     cover expenses, applied to the Assiniboine and Sioux Rural 
     Water System's operation and maintenance cost.
       (2) Dry prairie rural water system.--In the case of the Dry 
     Prairie Rural Water System, expenses associated with power 
     purchases under subsections (a) shall be recovered through a 
     separate power charge, sufficient to cover expenses, to be 
     paid fully by the Dry Prairie Rural Water Association, Inc.

      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.

       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

[[Page 31170]]

     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.

      SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) Assiniboine and Sioux Rural Water System.--There are 
     authorized to be appropriated--
       (1) over a period of 10 fiscal years, $124,000,000 for the 
     planning, design, and construction of the Assiniboine and 
     Sioux Rural Water System in accordance with subsections (b), 
     (d), and (e) of section 4; and
       (2) such sums as are necessary for the operation, 
     maintenance, and replacement of the Assiniboine and Sioux 
     Rural Water System, including power costs of the Western Area 
     Power Administration.
       (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 committee amendment in the nature of a substitute was agreed to.
  The bill (S. 624), as amended, was passed, 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 1999''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) there are insufficient water supplies available to 
     residents of the Fort Peck Indian Reservation in the State of 
     Montana, and the water systems that are available do not meet 
     minimum health and safety standards and therefore pose a 
     threat to public health and safety;
       (2) in carrying out its trust responsibility, the United 
     States should ensure that adequate and safe water supplies 
     are available to meet the economic, environmental, water 
     supply, and public health needs of the Fort Peck Indian 
     Reservation; and
       (3) the best available, reliable, and safe rural and 
     municipal water supply to serve the needs of the Fort Peck 
     Indian Reservation is the Missouri River.
       (b)  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--

[[Page 31171]]

       (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.).

      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.
       (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.--
       (1) In general.--The Secretary shall--
       (A) interconnect the Dry Prairie Rural Water System with 
     the Assiniboine and Sioux Rural Water System; and
       (B) 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.
       (2) Charges.--The Secretary shall not charge for the water 
     delivered.
       (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 
     River Basin Program, the Western Area Power Administration 
     shall make available the capacity and energy required to meet 
     the pumping, treatment, and incidental operational 
     requirements of the Dry Prairie Rural Water System and 
     Assiniboine and Sioux Rural Water System, as described in 
     sections 4 and 5.
       (b) Conditions.--The capacity and energy described in 
     subsection (a) shall be made available on the following 
     conditions:
       (1) The Dry Prairie Rural Water System and Assiniboine and 
     Sioux Rural Water Systems shall be operated on a not-for-
     profit basis.
       (2) The Dry Prairie Rural Water System and Assiniboine and 
     Sioux Rural Water System shall contract to purchase their 
     entire electric service requirements, including the capacity 
     and energy made available under subsection (a), from a 
     qualified preference power supplier that purchases power from 
     the Western Area Power Administration.
       (3) The rate schedule applicable to the capacity and energy 
     made available under subsection (a) shall be the wholesale 
     firm power rate schedule of the Pick-Sloan Eastern Division 
     of the Western Area Power Administration in effect when the 
     power is delivered by the Administration.
       (4) It shall be agreed by contract among--
       (A) the Western Area Power Administration;
       (B) the power supplier with which the water Dry Prairie 
     Rural Water System and Assiniboine and Sioux Rural Water 
     System contract under paragraph (2);
       (C) the power supplier of the entity described in 
     subparagraph (B);
       (D) the Dry Prairie Rural Water Association, Inc.; and
       (E) the Fort Peck Tribes;
     that in the case of the capacity and energy made available 
     under subsection (a), the benefit of the rate schedule 
     described in paragraph (3) shall be passed through to the Dry 
     Prairie Rural Water System and Assiniboine and Sioux Rural 
     Water System, except that the power supplier of the Dry 
     Prairie Rural Water System and Assiniboine and Sioux Rural 
     Water System shall not be precluded from including, in the 
     charges of the supplier to the water system for the electric 
     service, the other usual and customary charges of the 
     supplier.
       (c) Additional Power.--If power in addition to that made 
     available under subsection (a) is required to meet the 
     pumping requirements of the service area of the Fort Peck 
     Reservation Rural Water System described in sections 4 and 5, 
     the Administrator of the Western Area Power Administration 
     may purchase the necessary additional power under such terms 
     and conditions as the Administrator determines to be 
     appropriate.
       (d) Recovery of Expenses.--
       (1) Assiniboine and sioux rural water system.--In the case 
     of the Assiniboine and Sioux Rural Water System, expenses 
     associated with power purchases under subsection (a) shall be 
     recovered through a separate power charge, sufficient to 
     cover expenses, applied to the Assiniboine and Sioux Rural 
     Water System's operation and maintenance cost.
       (2) Dry prairie rural water system.--In the case of the Dry 
     Prairie Rural Water System, expenses associated with power 
     purchases under subsections (a) shall be recovered through a 
     separate power charge, sufficient to cover expenses, to be 
     paid fully by the Dry Prairie Rural Water Association, Inc.

      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;

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       (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.

       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.

      SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) Assiniboine and Sioux Rural Water System.--There are 
     authorized to be appropriated--
       (1) over a period of 10 fiscal years, $124,000,000 for the 
     planning, design, and construction of the Assiniboine and 
     Sioux Rural Water System in accordance with subsections (b), 
     (d), and (e) of section 4; and
       (2) such sums as are necessary for the operation, 
     maintenance, and replacement of the Assiniboine and Sioux 
     Rural Water System, including power costs of the Western Area 
     Power Administration.
       (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.

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