[104th Congress Public Law 300]
[From the U.S. Government Printing Office]
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[DOCID: f:publ300.104]
[[Page 3645]]
FORT PECK RURAL COUNTY WATER SUPPLY SYSTEM ACT OF 1996
[[Page 110 STAT. 3646]]
Public Law 104-300
104th Congress
An Act
To authorize the construction of the Fort Peck Rural County Water Supply
System, to authorize <<NOTE: Oct. 11, 1996 - [S. 1467]>> assistance to
the Fort Peck Rural County Water District, Inc., a nonprofit
corporation, for the planning, design, and construction of the water
supply system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United <<NOTE: Fort Pect Rural County Water Supply System Act of
1996.>> States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This <<NOTE: Montana. Contracts.>> Act may be cited as the ``Fort
Peck Rural County Water Supply System Act of 1996''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Construction.--The term ``construction'' means such
activities associated with the actual development or
construction of facilities as are initiated on execution of
contracts for construction.
(2) District.--The term ``District'' means the Fort Peck
Rural County Water District, Inc., a nonprofit corporation in
Montana.
(3) Feasibility study.--The term ``feasibility study'' means
the study entitled ``Final Engineering Report and Alternative
Evaluation for the Fort Peck Rural County Water District'',
dated September 1994.
(4) Planning.--The term ``planning'' means activities such
as data collection, evaluation, design, and other associated
preconstruction activities required prior to the execution of
contracts for construction.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Water supply system.--The term ``water supply system''
means the Fort Peck Rural County Water Supply System, to be
established and operated substantially in accordance with the
feasibility study.
SEC. 3. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.
(a) In General.--Upon request of the District, the Secretary shall
enter into a cooperative agreement with the District for the planning,
design, and construction by the District of the water supply system.
Title to this project shall remain in the name of the District.
(b) Service Area.--The water supply system shall provide for safe
and adequate rural water supplies under the jurisdiction
[[Page 110 STAT. 3647]]
of the District in Valley County, northeastern Montana (as described in
the feasibility study).
(c) Amount of Federal Contribution.--
(1) In general.--Subject to paragraph (3), under the
cooperative agreement, the Secretary shall pay the Federal share
of--
(A) costs associated with the planning, design, and
construction of the water supply system (as identified
in the feasibility study); and
(B) such sums as are necessary to defray increases
in the budget.
(2) Federal share.--The Federal share referred to in
paragraph (1) shall be 75 percent and shall not be reimbursable.
(3) Total.--The amount of Federal funds made available under
the cooperative agreement shall not exceed the amount of funds
authorized to be appropriated under section 4.
(4) Limitations.--Not more than 5 percent of the amount of
Federal funds made available to the Secretary under section 4
may be used by the Secretary for activities associated with--
(A) compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) oversight of the planning, design, and
construction by the District of the water supply system.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$5,800,000. This <<NOTE: Termination date.>> authorization shall
terminate after a period of 5 complete fiscal years after the date of
enactment of this Act unless the Congress has appropriated funds for the
construction purposes of this Act. This authorization shall be extended
1 additional year if the Secretary has requested such appropriation. The
funds authorized to be appropriated may be increased or decreased by
such amounts as are justified by reason of ordinary fluctuations in
development costs incurred after October 1, 1994, as indicated by
engineering cost indices applicable to the type of construction project
authorized under this Act. All costs which exceed the amounts authorized
by this Act, including costs associated with the ongoing energy needs,
operation, and maintenance of this project shall remain the
responsibility of the District.
[[Page 110 STAT. 3648]]
SEC. 5. CACHUMA PROJECT, BRADBURY DAM, CALIFORNIA.
The prohibition against obligating funds for construction until 60
days from the date that the Secretary of the Interior transmits a report
to the Congress in accordance with section 5 of the Reclamation Safety
of Dams Act of 1978 (43 U.S.C. 509) is waived for the Cachuma Project,
Bradbury Dam, California.
Approved October 11, 1996.
LEGISLATIVE HISTORY--S. 1467:
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HOUSE REPORTS: No. 104-769 (Comm. on Resources).
SENATE REPORTS: No. 104-242 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 142 (1996):
May 7, considered and passed Senate.
Sept. 4, considered and passed House, amended.
Sept. 28, Senate concurred in House amendment.
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