Text: S.334 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (02/05/2019)


116th CONGRESS
1st Session
S. 334


To authorize the construction of the Musselshell-Judith Rural Water System and study of the Dry-Redwater Regional Water Authority System in the States of Montana and North Dakota, and for other purposes.


IN THE SENATE OF THE UNITED STATES

February 5, 2019

Mr. Daines (for himself and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To authorize the construction of the Musselshell-Judith Rural Water System and study of the Dry-Redwater Regional Water Authority System in the States of Montana and North Dakota, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Clean Water for Rural Communities Act”.

SEC. 2. Purpose.

The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of—

(1) Dawson, Garfield, McCone, Prairie, Richland, Judith Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and Musselshell Counties in the State of Montana; and

(2) McKenzie County, North Dakota.

SEC. 3. Definitions.

In this Act:

(1) AUTHORITY.—The term “Authority” means—

(A) the Central Montana Regional Water Authority, a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. Sec. 75–6–302 (2007); and

(B) any nonprofit successor entity to the Authority described in subparagraph (A).

(2) MUSSELSHELL-JUDITH RURAL WATER SYSTEM.—The term “Musselshell-Judith Rural Water System” means the Musselshell-Judith Rural Water System authorized under section 4(a), with a project service area that includes—

(A) Judith Basin, Wheatland, Golden Valley, and Musselshell Counties in the State;

(B) the portion of Yellowstone County in the State within 2 miles of State Highway 3 and within 4 miles of the county line between Golden Valley and Yellowstone Counties in the State, inclusive of the Town of Broadview, Montana; and

(C) the portion of Fergus County in the State within 2 miles of U.S. Highway 87 and within 4 miles of the county line between Fergus and Judith Basin Counties in the State, inclusive of the Town of Moore, Montana.

(3) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(4) STATE.—The term “State” means the State of Montana.

SEC. 4. Musselshell-Judith Rural Water System.

(a) Authorization.—The Secretary may carry out the planning, design, and construction of the Musselshell-Judith Rural Water System in a manner that is substantially in accordance with the feasibility report entitled “Musselshell-Judith Rural Water System Feasibility Report” (including any and all revisions of the report).

(b) Cooperative agreement.—The Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the Musselshell-Judith Rural Water System.

(c) Cost-Sharing requirement.—

(1) FEDERAL SHARE.—

(A) IN GENERAL.—The Federal share of the costs relating to the planning, design, and construction of the Musselshell-Judith Rural Water System shall not exceed 65 percent of the total cost of the Musselshell-Judith Rural Water System.

(B) LIMITATION.—Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws.

(2) USE OF FEDERAL FUNDS.—

(A) GENERAL USES.—Subject to subparagraph (B), the Musselshell-Judith Rural Water System may use Federal funds made available to carry out this section for—

(i) facilities relating to—

(I) water pumping;

(II) water treatment;

(III) water storage;

(IV) water supply wells;

(V) distribution pipelines; and

(VI) control systems;

(ii) transmission pipelines;

(iii) pumping stations;

(iv) appurtenant buildings, maintenance equipment, and access roads;

(v) any interconnection facility that connects a pipeline of the Musselshell-Judith Rural Water System to a pipeline of a public water system;

(vi) electrical power transmission and distribution facilities required for the operation and maintenance of the Musselshell-Judith Rural Water System;

(vii) any other facility or service required for the development of a rural water distribution system, as determined by the Secretary; and

(viii) any property or property right required for the construction or operation of a facility described in this subsection.

(B) LIMITATION.—Federal funds made available to carry out this section shall not be used for the operation, maintenance, or replacement of the Musselshell-Judith Rural Water System.

(C) TITLE.—Title to the Musselshell-Judith Rural Water System shall be held by the Authority.

SEC. 5. Dry-Redwater feasibility study.

(a) Definitions.—In this section:

(1) DRY-REDWATER REGIONAL WATER AUTHORITY.—The term “Dry-Redwater Regional Water Authority” means—

(A) the Dry-Redwater Regional Water Authority, a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. § 75–6–302 (2007); and

(B) any nonprofit successor entity to the Authority described in subparagraph (A).

(2) DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.—The term “Dry-Redwater Regional Water Authority System” means the project entitled the “Dry-Redwater Regional Water Authority System”, with a project service area that includes—

(A) Garfield and McCone Counties in the State;

(B) the area west of the Yellowstone River in Dawson and Richland Counties in the State;

(C) T. 15 N. (including the area north of the Township) in Prairie County in the State; and

(D) the portion of McKenzie County, North Dakota, that includes all land that is located west of the Yellowstone River in the State of North Dakota.

(3) RECLAMATION FEASIBILITY STANDARDS.—The term “reclamation feasibility standards” means the eligibility criteria and feasibility study requirements described in section 106 of the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2405) (as in effect on September 29, 2016).

(4) SUBMITTED FEASIBILITY STUDY.—The term “submitted feasibility study” means the feasibility study entitled “Dry-Redwater Regional Water System Feasibility Study” (including revisions of the study), which received funding from the Bureau of Reclamation on September 1, 2010.

(b) Study.—

(1) IN GENERAL.—The Secretary, in consultation with the Dry-Redwater Regional Water Authority, may undertake a study, including a review of the submitted feasibility study, to determine the feasibility of constructing the Dry-Redwater Regional Water System.

(2) REQUIREMENT.—The study under paragraph (1) shall comply with the reclamation feasibility standards.

(c) Cooperative agreement.—If the Secretary determines that the study under subsection (b) does not comply with the reclamation feasibility standards, the Secretary may enter into a cooperative agreement with the Dry-Redwater Regional Water Authority to complete additional work to ensure that the study complies with the reclamation feasibility standards.

(d) Authorization of appropriations.—There is authorized to be appropriated to the Secretary $5,000,000 to carry out this section.

(e) Termination.—The authority provided by this section shall expire on the date that is 5 years after the date of enactment of this Act.

SEC. 6. Water rights.

Nothing in this Act—

(1) preempts or affects any State water law; or

(2) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State.

SEC. 7. Authorization of appropriations.

(a) Authorization.—There is authorized to be appropriated to carry out the planning, design, and construction of the Musselshell-Judith Rural Water System, substantially in accordance with the cost estimate set forth in the feasibility report described in section 4(a), $56,650,000.

(b) Cost Indexing.—The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after November 1, 2014, as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Musselshell-Judith Rural Water System.