[104th Congress Public Law 300] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ300.104] [[Page 3645]] FORT PECK RURAL COUNTY WATER SUPPLY SYSTEM ACT OF 1996 [[Page 110 STAT. 3646]] Public Law 104-300 104th Congress An Act To authorize the construction of the Fort Peck Rural County Water Supply System, to authorize <<NOTE: Oct. 11, 1996 - [S. 1467]>> assistance to the Fort Peck Rural County Water District, Inc., a nonprofit corporation, for the planning, design, and construction of the water supply system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United <<NOTE: Fort Pect Rural County Water Supply System Act of 1996.>> States of America in Congress assembled, SECTION 1. SHORT TITLE. This <<NOTE: Montana. Contracts.>> Act may be cited as the ``Fort Peck Rural County Water Supply System Act of 1996''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Construction.--The term ``construction'' means such activities associated with the actual development or construction of facilities as are initiated on execution of contracts for construction. (2) District.--The term ``District'' means the Fort Peck Rural County Water District, Inc., a nonprofit corporation in Montana. (3) Feasibility study.--The term ``feasibility study'' means the study entitled ``Final Engineering Report and Alternative Evaluation for the Fort Peck Rural County Water District'', dated September 1994. (4) Planning.--The term ``planning'' means activities such as data collection, evaluation, design, and other associated preconstruction activities required prior to the execution of contracts for construction. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Water supply system.--The term ``water supply system'' means the Fort Peck Rural County Water Supply System, to be established and operated substantially in accordance with the feasibility study. SEC. 3. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM. (a) In General.--Upon request of the District, the Secretary shall enter into a cooperative agreement with the District for the planning, design, and construction by the District of the water supply system. Title to this project shall remain in the name of the District. (b) Service Area.--The water supply system shall provide for safe and adequate rural water supplies under the jurisdiction [[Page 110 STAT. 3647]] of the District in Valley County, northeastern Montana (as described in the feasibility study). (c) Amount of Federal Contribution.-- (1) In general.--Subject to paragraph (3), under the cooperative agreement, the Secretary shall pay the Federal share of-- (A) costs associated with the planning, design, and construction of the water supply system (as identified in the feasibility study); and (B) such sums as are necessary to defray increases in the budget. (2) Federal share.--The Federal share referred to in paragraph (1) shall be 75 percent and shall not be reimbursable. (3) Total.--The amount of Federal funds made available under the cooperative agreement shall not exceed the amount of funds authorized to be appropriated under section 4. (4) Limitations.--Not more than 5 percent of the amount of Federal funds made available to the Secretary under section 4 may be used by the Secretary for activities associated with-- (A) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) oversight of the planning, design, and construction by the District of the water supply system. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,800,000. This <<NOTE: Termination date.>> authorization shall terminate after a period of 5 complete fiscal years after the date of enactment of this Act unless the Congress has appropriated funds for the construction purposes of this Act. This authorization shall be extended 1 additional year if the Secretary has requested such appropriation. The funds authorized to be appropriated may be increased or decreased by such amounts as are justified by reason of ordinary fluctuations in development costs incurred after October 1, 1994, as indicated by engineering cost indices applicable to the type of construction project authorized under this Act. All costs which exceed the amounts authorized by this Act, including costs associated with the ongoing energy needs, operation, and maintenance of this project shall remain the responsibility of the District. [[Page 110 STAT. 3648]] SEC. 5. CACHUMA PROJECT, BRADBURY DAM, CALIFORNIA. The prohibition against obligating funds for construction until 60 days from the date that the Secretary of the Interior transmits a report to the Congress in accordance with section 5 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509) is waived for the Cachuma Project, Bradbury Dam, California. Approved October 11, 1996. LEGISLATIVE HISTORY--S. 1467: --------------------------------------------------------------------------- HOUSE REPORTS: No. 104-769 (Comm. on Resources). SENATE REPORTS: No. 104-242 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 142 (1996): May 7, considered and passed Senate. Sept. 4, considered and passed House, amended. Sept. 28, Senate concurred in House amendment. <all>