Page:United States Statutes at Large Volume 114 Part 2.djvu/717

 PUBLIC LAW 106-382—OCT. 27, 2000 114 STAT. 1453 (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. (3) OPTIONAL PROVISIONS.—The cooperative agreement under paragraph (1) may include provisions relating to the purchase, improvement, and repair of water systems in existence on the date of the enactment of this Act, including systems owned by individual tribal members and other residents of the Fort Peck Indian Reservation. (4) TERMINATION. —The Secretary may terminate a cooperative agreement under paragraph (1) if the Secretary determines that— (A) the quality of construction does not meet all standards established for similar facilities constructed by the Secretary; or (B) the operation and maintenance of the Assiniboine and Sioux Rural Water System does not meet conditions acceptable to the Secretary that are adequate to fulfill the obligations of the United States to the Fort Peck Tribes. (5) TRANSFER. —On execution of a cooperative agreement under paragraph (1), in accordance with the cooperative agreement, the Secretary may transfer to the Fort Peck Tribes, on a nonreimbursable basis, funds made available for the Assiniboine and Sioux Rural Water System under section 9. (d) SERVICE AREA. —The service area of the Assiniboine and Sioux Rural Water System shall be the area within the boimdaries of the Fort Peck Indian Reservation. (e) CONSTRUCTION REQUIREMENTS.—The components of the Assiniboine and Sioux Rural Water System shall be planned and constructed to a size that is sufficient to meet the municipal, rural, and industrial water supply requirements of the service area of the Fort Peck Reservation Rural Water System. (f) TITLE TO ASSINIBOINE AND SIOUX RURAL WATER SYSTEM. — Title to the Assiniboine and Sioux Rural Water System shall be held in trust by the United States for the Fort Peck Tribes and shall not be transferred unless a transfer is authorized by an Act of Congress enacted after the date of the enactment of this Act. (g) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS. — The Secretary shall not obligate funds for construction of the Assiniboine and Sioux 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 Assiniboine and Sioux Rural Water System; (2) on or after the date that is 90 days after the date Deadline, of submission to Congress of a final engineering report approved Reports, by the Secretary; and (3) the Secretary publishes a written finding that the water Publication, conservation plan developed under section 7 includes prudent and reasonable water conservation measures for the operation of the Assiniboine and Sioux Rural Water System that have been shown to be economically and financially feasible, (h) TECHNICAL ASSISTANCE.— The Secretary shall provide such technical assistance as is necessary to enable the Fort Peck Tribes

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