ROCKY BOY’S RURAL WATER SYSTEM.

SEC. 904. ROCKY BOY’S RURAL WATER SYSTEM. (a) Final Engineering Report.—The following reports will serve as the basis for the final engineering report for the Rocky Boy’s/North Central Montana Regional Water System— (1) pursuant to Public Law 104–204, a study, described in section 903(k), that was conducted to study the water and related resources in North Central Montana and to evaluate alternatives for providing a municipal, rural and industrial supply of water to the citizens residing in Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties, Montana, residing both on and off the Reservation; and (2) pursuant to section 202 of Public Law 106–163, the Tribe has conducted, through a self-governance agreements with the Secretary of the Interior, acting through the Bureau of Reclamation, a feasibility study to evaluate alternatives for providing a municipal, rural and industrial supply of water to the Reservation. The Secretary of the Interior may require, through the agreements described in subsection (g) and section 905(d), that the final engineering report include appropriate additional study and analyses. (b) Core System.— (1) In general.—The Secretary is authorized to plan, design, construct, operate, maintain, and replace the core system. (2) Federal share.— (A) The Federal share of the cost of planning, design, and construction of the core system shall be— (i) 100 percent of the Tribal share of costs as identified in section 914; (ii) 80 percent of the authority’s share of the total cost for the core system as identified in section 914; and (iii) funded through annual appropriations to the Bureau of Reclamation. (3) Agreements.—Federal funds made available to carry out this subsection may be obligated and expended only in 116 STAT. 2862accordance with the Agreements entered into under subsection (g). (c) Operation, Maintenance, and Replacement (OM&R) Core System.—The cost of operation, maintenance, and replacement of the core system shall be allocated as follows— (1) 100 percent of the Tribe’s share of the OM&R costs, as negotiated in the Agreements, shall be funded through the Chippewa Cree Water System Operation, Maintenance, and Replacement Trust Fund established in section 913; (2) 100 percent of the Authority’s share of the OM&R costs, as negotiated in the Cooperative Agreements, shall be funded by the Authority and fully reimbursable to the Secretary. Federal hinds made available to carry out this subsection may be obligated and expended only in accordance with the Agreements entered into under subsection (g) and section 905(d). (d) Core System Components.—As described in the final engineering report, the core system shall consist of— (1) intake, pumping, water storage, and treatment facilities; (2) transmission pipelines, pumping stations, and storage facilities; (3) appurtenant buildings, maintenance equipment, and access roads; (4) all property and property rights necessary for the facilities described in this subsection; (5) all interconnection facilities at the core pipeline to the noncore system; and (6) electrical power transmission and distribution facilities necessary for services to core system facilities. (e) Authority to Acquire Property.—Where, in carrying out the provisions of this title for construction of the core system, it becomes necessary to acquire any rights or property, the Authority, acting pursuant to State law, Mont. Code Ann. Sec. 75–6–313 (2001), is hereby authorized to acquire the same by condemnation under judicial process, and to pay such sums which may be needed for that purpose. Nothing in this section shall apply to land held in trust by the United States. (f) On-Reservation Water Distribution Systems.— (1) In general.—The Secretary is authorized to operate, maintain, and replace the water distribution systems of the Reservation. (2) Operation, Maintenance, and Replacement.—The cost of operation, maintenance, and replacement of the on-reservation water distribution systems shall be allocated as follows: Up to 100 percent of the Tribe’s share of the OM&R costs, as negotiated in the Agreements, shall be funded through the Chippewa Cree Water System Operation, Maintenance, and Replacement Trust Fund established in section 913. (3) Agreements.—Federal funds made available to carry out this subsection may be obligated and expended only in accordance with the Agreements entered into under subsection (g). (4) Components.—As described in the final engineering report, the on-reservation water distribution systems shall consist of— (A) water systems in existence on the date of enactment of this title that may be purchased, improved, and repaired 116 STAT. 2863in accordance with the Agreements entered into under subsection (g); (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; and (D) connections. (5) Construction of New Facilities, or Expansion or Rehabilitation of Current Facilities.—The Tribe shall use $10,000,000 of the $15,000,000 appropriated pursuant to 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), plus accrued interest, in the purchase, construction, expansion, or rehabilitation of the on-reservation water distribution systems. (g) Agreements.—Federal funds made available to carry out subsections (b), (c), and (f) may be obligated and expended only in accordance with the agreements entered into under this subsection. (1) In general.—At the request of the Tribe, the Secretary shall enter into self-governance agreements under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aa et seq.) with the Tribe, in accordance with this title— (A) through the Bureau of Reclamation, to plan, design, and construct the core system; and (B) through the Bureau of Indian Affairs, to operate, maintain, and replace the core system and the on-Reservation water distribution systems. (2) Project oversight administration.—The amount of Federal funds that may be used to provide technical assistance and conduct the necessary construction oversight, inspection, and administration of activities in paragraph (1)(A) shall be negotiated with the Tribe and shall be an allowable project cost. (h) Service Area.—The service area of the Rocky Boy’s Rural Water System shall be the core system and the Reservation. (i) 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 title. (j) Technical Assistance.—The Secretary is authorized to provide such technical assistance as is necessary to enable the Tribe to— (1) plan, design, and construct the core system, including management training. Such technical assistance shall be deemed as a core system project construction cost; and (2) operate, maintain, and replace the core system and the on-reservation water distribution systems. Such technical assistance shall be deemed as a core system and an on-reservation water distribution systems operation, maintenance, and replacement cost, as appropriate.116 STAT. 2864