116 STAT. 2858 PUBLIC LAW 107-331—DEC. 13, 2002 (2) OM&R PLAN.— The Tribe shall develop an operation, maintenance, and replacement plan, which shall provide the necessary framework to assist the Tribe in establishing rates and fees for customers of the Rural Water Supply Project. (b) CONSTRUCTION MANAGER.— The Secretary, through Reclamation and in consultation with the Tribe, shall select a project construction manager to work with the Tribe in the planning, design, and construction of the Rural Water Supply Project. (c) MEMORANDUM OF AGREEMENT.— The Secretary shall enter into a memorandum of agreement with the Tribe that commits Reclamation and BIA to a transition plan that addresses operations and maintenance of the Rural Water Supply Project while the facilities are under construction and after completion of construction. (d) OVERSIGHT. —The Secretary shall have oversight responsibility with the Tribe and its constructing entity and shall incorporate value engineering analysis as appropriate to the Rural Water Supply Project. (e) TECHNICAL ASSISTANCE.— The Secretary shall provide such technical assistance as may be necessary to the Tribe to plan, develop, and construct the Rural Water Supply Project, including, but not limited to, operation and management training. (f) SERVICE AREA.—The service area of the Rural Water Supply Project shall be within the boundaries of the Reservation. (g) OTHER LAW. —The planning, design, construction, operation, and maintenance of the Rural Water Supply Project shall be subject to the provisions of the Indian Self-Determination Act (25 U.S.C. 450 et seq.). (h) REPORT.— During the year that construction of the Rural Water Supply Project begins and annually until such construction is completed, the Secretary, through Reclamation and in consultation with the Tribe, shall report to Congress on the status of the planning, design, and construction of the Rural Water Supply Project. (i) TITLE. —Title to the Rural Water Supply Project shall be held in trust for the Tribe by the United States and shall not be transferred or encumbered without a subsequent Act of Congress. SEC. 807. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—There is authorized to be appropriated to carry out this title $45,000,000 (January 2002 dollars) plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indexes applicable to the types of construction involved for the planning, design, and construction of the Rural Water Supply Project as generally described in the Report dated September 2001. (b) CONDITIONS. — Funds may not be appropriated for the construction of any project authorized under this title until after— (1) an appraisal investigation and a feasibility study have been completed by the Secretary and the Tribe; and (2) the Secretary has determined that the plan required by section 806(a)(2) is completed. (c) NEPA. —The Secretary shall not obligate funds for construction until after the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the Rural Water Supply Project.
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