116 STAT. 2864 PUBLIC LAW 107-331—DEC. 13, 2002 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 NON- CORE 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);
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