Sec. 4. ASSINIBOINE AND SIOUX RURAL WATER SYSTEM
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## 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 the 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 the 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 the 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 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.). ###
(j)Cost Sharing ####
(1)Construction The Federal share of the cost of construction of the Assiniboine and Sioux Rural Water System shall be 100 percent, and shall be funded through annual appropriations to the Bureau of Reclamation. ####
(2)Operation and maintenance The Federal share of the cost of operation and maintenance of the Assiniboine and Sioux Rural Water System shall be 100 percent, and shall be funded through annual appropriations to the Bureau of Indian Affairs.
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