NONCORE SYSTEM.

SEC. 905. NONCORE SYSTEM. (a) In General.—The Secretary is authorized to enter into Cooperative Agreements with the Authority to provide Federal funds for the planning, design, and construction of the noncore system in Chouteau, Glacier, 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 80 percent and will be funded through annual appropriations to the Bureau of Reclamation. (2) Operation, maintenance, and replacement of noncore system components.—The cost of operation, maintenance, and replacement associated with water deliveries to the noncore system shall not be a Federal responsibility and shall be borne by the Authority. (3) Cooperative agreements.—Federal funds made available to carry out this section may be obligated and expended only in accordance with the Cooperative Agreements entered into under subsection (d). (c) Components.—As described in the final engineering report, 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, maintenance equipment, 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; and (5) other facilities and services customary to the development of a rural water distribution system in the State. (d) Cooperative Agreements.— (1) In general.—The Secretary is authorized to enter into the Cooperative Agreements with the Authority to provide Federal funds and necessary assistance for the planning, design, and construction of the noncore system. The Secretary is further authorized to enter into a tri-partite Cooperative Agreement with the Authority and the Tribe addressing the allocation of operation, maintenance and replacement costs for the core system and action that can be undertaken to keep those costs within reasonable levels. (2) Mandatory provisions.—The Cooperative Agreements under paragraph (1) shall specify, in a manner that is acceptable to the Secretary and the Authority— (A) the responsibilities of each party to the agreements for— (i) the final engineering report; (ii) engineering and design; (iii) construction; (iv) water conservation measures; (v) environmental and cultural resource compliance activities; and (vi) administration of contracts relating to performance of the activities described in clauses (i) through (v);116 STAT. 2865 (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 agreements. (3) Project oversight administration.—The amount of Federal funds that may be used to provide technical assistance and to conduct the necessary construction oversight, inspection, and administration of activities in paragraph (1) shall be negotiated with the Authority, and shall be an allowable project cost. (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; (D) east of Cut Bank Creek in Glacier County, Montana; and (E) as further defined in the final engineering report, referenced in section 904(a). (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, maintenance, and replacement expenses for the noncore system— (1) shall not be a Federal responsibility; (2) shall be borne by the Authority; and (3) the Secretary may not obligate or expend any Federal funds for the OM&R of the noncore system. (g) Title to Noncore System.—Title to the noncore system shall be held by the Authority. (h) Authority to Acquire Property.—Where, in carrying out the provisions of this title for construction of the noncore 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.