To require the Secretary of the Interior to construct the Rocky Boy's/North Central Montana Regional Water System in the State of Montana, to offer to enter into an agreement with the Chippewa Cree Tribe to plan, design, construct, operate, maintain and replace the Rocky Boy's Rural Water System, and to provide assistance to the North Central Montana Regional Water Authority for the planning, design, and construction of the noncore system, and for other purposes.

May 22, 2001

Mr. REHBERG introduced the following bill; which was referred to the Committee on Resources

To require the Secretary of the Interior to construct the Rocky Boy's/North Central Montana Regional Water System in the State of Montana, to offer to enter into an agreement with the Chippewa Cree Tribe to plan, design, construct, operate, maintain and replace the Rocky Boy's Rural Water System, and to provide assistance to the North Central Montana Regional Water Authority for the planning, design, and construction of the noncore system, and for other purposes.

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 `Rocky Boy's/North Central Montana Regional Water System Act of 2001'.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) the water systems serving residents of the Rocky Boy's Reservation in the State of Montana--

(A) do not meet minimum health and safety standards;

(B) pose a threat to public health and safety; and

(C) are inadequate to supply the water needs of the Chippewa Cree Tribe;

(2) the United States has a trust responsibility to ensure that adequate and safe water supplies are available to meet the economic, environmental, water supply, and public health needs of the Reservation;

(3) the entities administering the rural and municipal water systems in North Central Montana are having difficulty complying with regulations promulgated under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and

(4) Lake Elwell, near Chester, Montana, would provide the most available, reliable, and safe rural and municipal water supply for serving the needs of the Reservation and north central Montana.

(b) PURPOSES- The purposes of this Act are--

(1) to ensure a safe and adequate rural, municipal, and industrial water supply for the residents of the Rocky Boy's Reservation in the State of Montana;

(2) to assist the citizens residing in Chouteau, Hill, Liberty, Pondera, Teton, and Toole Counties, Montana, but outside the Reservation, in developing safe and adequate rural, municipal, and industrial water supplies;

(3) to require the Secretary of the Interior, acting through the Commissioner of Reclamation--

(A) to plan, design, and construct the core and noncore systems of the Rocky Boy's/North Central Montana Regional Water System in the State of Montana; and

(B) to operate, maintain, and replace the core system and the on-Reservation water distribution systems, including service connections to communities and individuals; and

(4) to require the Secretary, at the request of the Chippewa Cree Tribe, to enter into a self-governance agreement with the Tribe under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aa et seq.), under which the Tribe will plan, design, construct, operate, maintain, and replace (including service connections to communities and individuals)--

(A) the core system of the water supply system; and

(B) on-Reservation water distribution systems.

SEC. 3. DEFINITIONS.

In this Act:

(1) AUTHORITY- The term `Authority' means the North Central Montana Regional Water Authority established under State law to allow public agencies to join together to secure and provide water for resale.

(2) CORE SYSTEM- The term `core system' means a component of the water system described in section 4(a)(5) and the study.

(3) NONCORE SYSTEM- The term `noncore system' means the rural water system for Chouteau, Hill, Liberty, Pondera, Teton, and Toole Counties, Montana, described in section 5(c) and the study.

(4) RESERVATION-

(A) IN GENERAL- The term `Reservation' means the Rocky Boy's Reservation in the State.

(B) INCLUSIONS- The term `Reservation' includes all land and interests in land that are held in trust by the United States for the Tribe (including future additions to the Reservation).

(5) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Commissioner of Reclamation.

(6) STATE- The term `State' means the State of Montana.

(7) STUDY- The term `study' means the study entitled `North Central Montana Regional Water System Planning/Environmental Report' dated May 2000 (including the needs assessment, environmental report, and feasibility level study).

(8) TRIBE- The term `Tribe' means--

(A) the Chippewa Cree Tribe on the Reservation; and

(B) all officers, agents, and departments of the Tribe.

(9) WATER SYSTEM- The term `water system' means--

(A) the core system; and

(B) on-Reservation water distribution systems.

SEC. 4. ROCKY BOY'S RURAL WATER SYSTEM.

(a) CORE SYSTEM-

(1) IN GENERAL- The Secretary shall plan, design, construct, operate, maintain, and replace the core system.

(2) FEDERAL SHARE-

(A) PLANNING, DESIGN, AND CONSTRUCTION- The Federal share of the cost of planning, design, and construction of the core system shall be--

(i) 100 percent; and

(ii) funded through annual appropriations to the Bureau of Reclamation.

(B) OPERATION, MAINTENANCE, AND REPLACEMENT- The Federal share of the cost of operation, maintenance, and replacement of the core system shall be--

(i) 100 percent of the Tribe's share of the total capacity of the core pipeline of the core system; and

(ii) funded through annual appropriations to the Bureau of Indian Affairs.

(3) NON-FEDERAL SHARE- The non-Federal share of the cost of operation, maintenance, and replacement of the core shall be--

(A) prorated according to the nontribal users' share of the total capacity of the core pipeline of the core system; and

(B) fully reimbursable to the Secretary.

(4) AGREEMENTS- Federal funds made available to carry out this subsection may be obligated and expended only in accordance with an agreement entered into under subsection (c).

(5) COMPONENTS- The core system shall consist of--

(A) intake, pumping, water storage, and treatment facilities located at Tiber Reservoir, with water obtained from Lake Elwell stored behind Tiber Dam, near Chester, Montana;

(B) transmission pipelines, pumping stations, and storage reservoirs extending from Lake Elwell near Chester, Montana, approximately 60 miles east to the communities throughout the Reservation;

(C) appurtenant buildings and access roads;

(D) all property and property rights necessary for the facilities described in this subsection; and

(E) electrical power transmission and distribution facilities necessary for services to core system facilities and noncore system facilities.

(b) ON-RESERVATION WATER DISTRIBUTION SYSTEMS-

(1) IN GENERAL- The Secretary shall operate, maintain, and replace the water distribution systems of the Reservation.

(2) FEDERAL SHARE- The Federal share of the cost of operation, maintenance, and replacement of a water distribution system on the Reservation shall be--

(A) 100 percent; and

(B) funded through annual appropriations to the Bureau of Indian Affairs.

(3) AGREEMENTS- Federal funds made available to carry out this subsection may be obligated and expended only in accordance with an agreement entered into under subsection (c).

(4) COMPONENTS- The water distribution systems of the Reservation shall consist of--

(A) water systems in existence on the date of enactment of this Act that may be purchased, improved, and repaired in accordance with an agreement entered into under subsection (c);

(B) water systems owned by individual members of the Tribe and other residents of the Reservation;

(C) any water distribution system that is upgraded to current standards, disconnected from low-quality wells, or expanded to serve increased demands;

(D) interconnections; and

(E) such other pipelines, pumping plants, power lines, and facilities as the Secretary determines to be appropriate to meet the water supply, economic, public health, and environmental needs of the Reservation, including water storage tanks, water lines, and other facilities for the Tribe and the villages, communities, and towns on the Reservation.

(c) AGREEMENTS-

(1) IN GENERAL- At the request of the Tribe, the Secretary shall enter into a self-governance agreement under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aa et seq.) with the Tribe to, in accordance with this Act--

(A) plan, design, construct, operate, maintain, and replace the core system; and

(B) operate, maintain, and replace on-Reservation water distribution systems.

(2) PROJECT OVERSIGHT ADMINISTRATION- The amount of Federal funds that may be used to carry out paragraph (1)(A) shall not exceed the amount that is equal to 3 percent of the total field cost budget provided in the construction budget for the core system prepared by the Tribe and approved by the Secretary for the entire project construction period.

(d) SERVICE AREA- The service area of the core system shall be the Reservation and those non-tribal communities and persons that are supplied with water directly from the core transmission line of the core system.

(e) CONSTRUCTION REQUIREMENTS- The components of the core system shall be planned and constructed

to the extent necessary to meet the municipal, rural, and industrial water supply requirements of the service area of the core system as described in the study.

(f) TITLE TO CORE SYSTEM- Title to the core system--

(1) shall be held in trust by the United States for the Tribe; and

(2) shall not be transferred unless a transfer is authorized by an Act of Congress enacted after the date of enactment of this Act.

(g) TECHNICAL ASSISTANCE- The Secretary shall provide such technical assistance as is necessary to enable the Tribe to plan, design, construct, operate, maintain, and replace the core system, including operation and management training.

SEC. 5. NONCORE SYSTEM.

(a) IN GENERAL- The Secretary shall enter into a cooperative agreement with the Authority to provide Federal funds for the planning, design, and construction of the noncore system in Chouteau, Hill, Liberty, Pondera, Teton, and Toole Counties, Montana, outside the Reservation.

(b) FEDERAL SHARE-

(1) PLANNING, DESIGN, AND CONSTRUCTION- The Federal share of the cost of planning, design, and construction of the noncore system shall be not more than 75 percent, as determined by the Secretary.

(2) OPERATION, MAINTENANCE, AND REPLACEMENT- The cost of operation, maintenance, and replacement of the noncore system shall be fully reimbursable to the Secretary.

(3) COOPERATIVE AGREEMENT- Federal funds made available to carry out this section may be obligated and expended only in accordance with a cooperative agreement entered into under subsection (d).

(c) COMPONENTS- The components of the noncore system on which Federal funds may be obligated and expended under this section shall include--

(1) storage, pumping, 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 noncore system facilities;

(5) planning and design services for all such facilities; and

(6) other facilities and services customary to the development of a rural water distribution system in the State.

(d) COOPERATIVE AGREEMENT-

(1) IN GENERAL- At the request of the Chippewa Cree Water Resources Subcommittee, the Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the noncore system.

(2) MANDATORY PROVISIONS- The cooperative agreement under paragraph (1) shall specify, in a manner that is acceptable to the Secretary, the Tribe, and the Authority--

(A) the responsibilities of each party to the agreement for--

(i) the final engineering report;

(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) PROJECT OVERSIGHT ADMINISTRATION- The amount of Federal funds that may be used to carry out paragraph (1) shall not exceed the amount that is equal to 3 percent of the total field cost budget provided in the construction budget for the noncore system prepared by the Authority and approved by the Secretary for the entire project construction period.

(4) OVERSIGHT- The Authority shall have oversight responsibility over the noncore system.

(e) SERVICE AREA-

(1) IN GENERAL- Except as provided in paragraph (2), the service area of the noncore system shall be generally defined as the area--

(A) north of the Missouri River and Dutton, Montana;

(B) south of the border between the United States and Canada;

(C) west of Havre, Montana; and

(D) east of Cut Bank, Montana.

(2) EXCLUSIONS FROM SERVICE AREA- The service area of the noncore system shall not include the area inside the Reservation.

(f) LIMITATION ON USE OF FEDERAL FUNDS- The operation and maintenance expenses associated with nontribal water deliveries from the core system to the noncore system--

(1) shall not be a Federal responsibility; and

(2) shall be borne by the noncore system.

(g) TITLE TO NONCORE SYSTEM- Title to the noncore system shall be held by the Authority.

SEC. 6. LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.

The Secretary shall not obligate funds for construction of the core system or the noncore 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 core system and the noncore system; and

(2) the date that is 90 days after the date of submission to Congress of a final engineering report approved by the Secretary.

SEC. 7. INTERCONNECTION CHARGES.

The cost of interconnection of nontribal community water distribution systems and individual service systems

to transmission lines of the core system and noncore system shall be the responsibility of the entities receiving water from the transmission lines.

SEC. 8. NONDIMINISHMENT OF TIBER RESERVOIR ALLOCATION TO THE TRIBE.

In providing for the delivery of water to the noncore system, the Secretary shall not diminish the 10,000 acre-feet per year of water stored for the Tribe pursuant to section 201 of the Chippewa Cree Tribe of The Rocky Boy's Reservation Indian Reserved Water Rights Settlement and Water Supply Enhancement Act of 1999 (Public Law 106-163; 113 Stat. 1789) in Lake Elwell, Lower Marias Unit, Upper Missouri Division, Pick-Sloan Missouri Basin Program, Montana.

SEC. 9. USE OF PICK-SLOAN POWER.

(a) IN GENERAL- The Secretary shall authorize and provide for the use of power from the Pick-Sloan Eastern Division to start up and operate the water system and the noncore system.

(b) RESERVATION OF POWER- The Secretary shall reserve, and make available, for the purpose authorized by subsection (a)--

(1) during the irrigation season, Pick-Sloan Eastern Division power identified for future project use pumping; and

(2) during the nonirrigation season, Pick-Sloan Eastern Division preference power, to the extent that the power is available.

(c) RATE- The rate for project use power made available under subsection (b) shall be--

(1) during the irrigation season, the project use pumping power rate; and

(2) during the nonirrigation season, the wholesale firm power rate.

(d) ADDITIONAL POWER- If power in addition to the power made available under subsection (b) is required to meet the pumping requirements of the service area of the water system and the noncore system, 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.

(e) RECOVERY OF EXPENSES- Expenses associated with power purchases under subsections (a) and (d) shall be included in the operation, maintenance, and replacement costs and recovered in accordance with sections 4(a)(3)(B) and section 5(b)(2).

SEC. 10. WATER CONSERVATION PLAN.

(a) IN GENERAL- The Tribe and the Authority shall develop a water conservation plan that contains--

(1) a description of water conservation objectives;

(2) a description of appropriate water conservation measures; and

(3) a time schedule for implementing the water conservation measures 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 core system, on-Reservation water distribution systems, and the noncore 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. 11. 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 Tribe to water, located within or outside the external boundaries of the 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 Tribe or by any other Indian tribe or individual Indian under Federal or State law.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

(a) CORE SYSTEM- There are authorized to be appropriated--

(1) $120,000,000 for the planning, design, and construction of the core system; and

(2) such sums as are necessary for the operation, maintenance, and replacement of the water system, including power costs of the Western Area Power Administration.

(b) NONCORE SYSTEM- There is authorized to be appropriated $60,000,000 for the planning, design, and construction of the noncore system.

(c) COST INDEXING- The sums authorized to be appropriated under this section may be increased or decreased by such amounts as are justified by reason of ordinary fluctuations in development costs incurred after July 1, 1997, as indicated by engineering cost indices applicable for the type of construction involved.

END