Sec. 307. AUTHORIZATION OF WMAT RURAL WATER SYSTEM
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## SEC. 307 AUTHORIZATION OF WMAT RURAL WATER SYSTEM ###
(a)In general Consistent with subsections (a), (b)(2), and
(e)of section 312 and subsection
(h)of this section, the Secretary, acting through the Bureau, shall plan, design, and construct the WMAT rural water system to divert, store, and distribute water from the North Fork of the White River to the Tribe that shall consist of— ####
(1)a dam and storage reservoir, pumping plant, and treatment facilities located along the North Fork of the White River near the community of Whiteriver; ####
(2)a distribution system consisting of pipelines extending from the treatment facilities to existing water distribution systems serving the communities of Whiteriver, Fort Apache, Canyon Day, Cedar Creek, Carrizo, and Cibecue; ####
(3)connections to existing distribution facilities for the communities described in paragraph (2), but not including any upgrades of, or improvements to, existing or future public water systems for the communities described in paragraph
(2)that may be necessary to accommodate increased demand and flow rates (and any associated changes in water quality); ####
(4)connections to additional communities along the pipeline, provided that the additional connections may be added to the distribution system described in paragraph
(2)at the expense of the Tribe; ####
(5)appurtenant buildings and access roads; ####
(6)electrical power transmission and distribution facilities necessary for operation of the project; and ####
(7)any other project components that the Secretary, in consultation with the Tribe, determines to be necessary. ###
(b)Modifications The Secretary and the Tribe— ####
(1)may modify the components of the WMAT rural water system described in subsection
(a)by mutual agreement; and ####
(2)shall make all modifications required under subsection (c)(2). ###
(c)Final Project Design ####
(1)In general The Secretary shall issue a final project design of the WMAT rural water system, including the dam, pumping plants, pipeline, and treatment plant, that is generally consistent with the project extension report dated February 2007 after the completion of— #####
(A)any appropriate environmental compliance activity; and #####
(B)the review process described in paragraph (2). ####
(2)Review #####
(A)In general The Secretary shall review the proposed design of the WMAT rural water system and perform value engineering analyses. #####
(B)Results Taking into consideration the review under subparagraph (A), the Secretary, in consultation with the Tribe, shall require appropriate changes to the design, so that the final design— ######
(i)meets Bureau of Reclamation design standards; ######
(ii)to the maximum extent practicable, incorporates any changes that would improve the cost-effectiveness of the delivery of water through the WMAT rural water system; and ######
(iii)may be constructed for the amounts made available under section 312. ###
(d)Conveyance of Title ####
(1)In general Title to the WMAT rural water system shall be held by the United States until title to the WMAT rural water system is conveyed by the Secretary to the Tribe pursuant to paragraph (2). ####
(2)Conveyance to tribe The Secretary shall convey to the Tribe title to the WMAT rural water system not later than 30 days after the date on which the Secretary publishes in the Federal Register a statement of findings that— #####
(A)the operating criteria, standing operating procedures, emergency action plan, and first filling and monitoring criteria of the designers have been established and are in place; #####
(B)the WMAT rural water system has operated under the standing operating procedures of the designers, with the participation of the Tribe, for a period of 3 years; #####
(C)the Secretary has provided the Tribe with technical assistance on the manner by which to operate and maintain the WMAT rural water system; #####
(D)the funds made available under section 312(b)(3)(B) have been deposited in the WMAT Maintenance Fund; and #####
(E)the WMAT rural water system is substantially complete, as determined by the Secretary in accordance with subsection (k). ###
(e)Alienation and Taxation ####
(1)In general Conveyance of title to the Tribe pursuant to subsection
(d)does not waive or alter any applicable Federal law (including regulations) prohibiting alienation or taxation of the WMAT rural water system or the underlying reservation land. ####
(2)Alienation of wmat rural water system The WMAT rural water system, including the components of the WMAT rural water system, shall not be alienated, encumbered, or conveyed in any manner by the Tribe, unless a reconveyance is authorized by an Act of Congress enacted after the date of enactment of this Act. ###
(f)Operation and Maintenance ####
(1)In general Consistent with subsections
(d)and
(e)of section 312, the Secretary, acting through the Bureau and in cooperation with the Tribe, shall operate, maintain, and replace the WMAT rural water system until the date on which title to the WMAT rural water system is transferred to the Tribe pursuant to subsection (d)(2). ####
(2)Limitation #####
(A)In general Beginning on the date on which title to the WMAT rural water system is transferred to the Tribe pursuant to subsection (d)(2), the United States shall have no obligation to pay for the operation, maintenance, or replacement costs of the WMAT rural water system. #####
(B)Limitation on liability Effective on the date on which the Secretary publishes a statement of findings in the Federal Register pursuant to subsection (d)(2), the United States shall not be held liable by any court for damages arising out of any act, omission, or occurrence relating to the land or facilities conveyed, other than damages caused by any intentional act or act of negligence committed by the United States, or by employees or agents of the United States, prior to the date on which the Secretary publishes a statement of findings in the Federal Register pursuant to subsection (d)(2). ###
(g)Right to review ####
(1)In general The statement of findings published by the Secretary pursuant to subsection (d)(2) shall be considered to be a final agency action subject to judicial review under sections 701 through 706 of title 5, United States Code. ####
(2)Effect of title Nothing in this title gives the Tribe or any other party the right to judicial review of the determination by the Secretary under subsection
(d)except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”). ###
(h)Applicability of ISDEAA ####
(1)Agreement for specific activities On receipt of a request of the Tribe, and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more agreements with the Tribe to carry out the activities authorized by this section. ####
(2)Contracts Any contract entered into pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) for the purpose of carrying out any provision of this title shall incorporate such provisions regarding periodic payment of funds, timing for use of funds, transparency, oversight, reporting, and accountability as the Secretary determines to be necessary (at the sole discretion of the Secretary) to ensure appropriate stewardship of Federal funds. ###
(i)Final Designs; Project Construction ####
(1)Final designs All designs for the WMAT rural water system shall— #####
(A)conform to Bureau design standards; and #####
(B)be subject to review and approval by the Secretary. ####
(2)Project construction Each project component of the WMAT rural water system shall be constructed pursuant to designs and specifications approved by the Secretary, and all construction work shall be subject to inspection and approval by the Secretary. ###
(j)Condition As a condition of construction of the facilities authorized by this section, the Tribe shall provide, at no cost to the Secretary, all land or interests in land that the Secretary identifies as necessary for the construction, operation, and maintenance of those facilities. ###
(k)Requirements for Determination of Substantial Completion of the WMAT Rural Water System The WMAT rural water system shall be determined to be substantially complete if— ####
(1)the infrastructure constructed is capable of storing, diverting, treating, transmitting, and distributing a supply of water as set forth in the final project design described in subsection (c); or ####
(2)the Secretary— #####
(A)expended all of the available funding provided to construct the WMAT rural water system; and #####
(B)despite diligent efforts, cannot complete construction as described in the final project design described in subsection
(c)due solely to the lack of additional authorized funding.
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Sec. 307
AUTHORIZATION OF WMAT RURAL WATER SYSTEM
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