Sec. 5. DRY PRAIRIE RURAL WATER SYSTEM
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## 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, and shall be funded with amounts appropriated from the reclamation fund. Such amounts shall not be returnable or reimbursable under the Federal reclamation laws. #####
(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 The Secretary shall— ####
(1)interconnect the Dry Prairie Rural Water System with the Assiniboine and Sioux Rural Water System; and ####
(2)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. ###
(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.
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Sec. 5
DRY PRAIRIE RURAL WATER SYSTEM
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