Page:United States Statutes at Large Volume 116 Part 4.djvu/437

 PUBLIC LAW 107-331—DEC. 13, 2002 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 habiHties 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 Button, 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. if) 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. SEC. 906. LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS. The Secretary shall not obligate funds for construction of the core system or the noncore 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 core system and the noncore system; (2) the date that is 90 days after the date of submission to Congress of a final engineering report approved and transmitted by the Secretary; and (3) the Secretary publishes a written finding that the water conservation plan developed under section 911(a) includes prudent and reasonable water conservation measures for the operation of the Rocky Boy's/North Central Montana Regional Water Deadline. Reports. Publication.

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