[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 297 Engrossed in House (EH)]


  2d Session

                               H. R. 297

_______________________________________________________________________

                                 AN ACT

To authorize the construction of the Lewis and Clark Rural Water System 
and to authorize assistance to the Lewis and Clark Rural Water System, 
Inc., a nonprofit corporation, for the planning and construction of the 
              water supply system, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 297

_______________________________________________________________________

                                 AN ACT


 
To authorize the construction of the Lewis and Clark Rural Water System 
and to authorize assistance to the Lewis and Clark Rural Water System, 
Inc., a nonprofit corporation, for the planning and construction of the 
              water supply system, and for other purposes.

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

              TITLE I--LEWIS AND CLARK RURAL WATER SYSTEM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Lewis and Clark Rural Water System 
Act of 2000''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Feasibility study.--The term ``feasibility study'' 
        means the study entitled ``Feasibility Level Evaluation of a 
        Missouri River Regional Water Supply for South Dakota, Iowa and 
        Minnesota'', dated September 1993, that includes a water 
        conservation plan, environmental report, and environmental 
        enhancement component.
            (2) Incremental cost.--The term ``incremental cost'' means 
        the cost of the savings to the project were the City of Sioux 
        Falls not to participate in the water supply system.
            (3) Member entity.--The term ``member entity'' means a 
        rural water system or municipality that meets the requirements 
        for membership as defined by the Lewis and Clark Rural Water 
        System, Inc. bylaws, dated September 6, 1990.
            (4) Project construction budget.--The term ``project 
        construction budget'' means the description of the total amount 
        of funds needed for the construction of the water supply 
        project, as contained in the feasibility study.
            (5) Pumping and incidental operational requirements.--The 
        term ``pumping and incidental operational requirements'' means 
        all power requirements that are necessary for the operation of 
        intake facilities, pumping stations, water treatment 
        facilities, reservoirs, and pipelines up to the point of 
        delivery of water by the water supply system to each member 
        entity that distributes water at retail to individual users.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Water supply project.--
                    (A) In general.--The term ``water supply project'' 
                means the physical components of the Lewis and Clark 
                Rural Water Project.
                    (B) Inclusions.--The term ``water supply project'' 
                includes--
                            (i) necessary pumping, treatment, and 
                        distribution facilities;
                            (ii) pipelines;
                            (iii) appurtenant buildings and property 
                        rights;
                            (iv) electrical power transmission and 
                        distribution facilities necessary for services 
                        to water systems facilities; and
                            (v) such other pipelines, pumping plants, 
                        and facilities as the Secretary considers 
                        necessary and appropriate to meet the water 
                        supply, economic, public health, and 
                        environment needs of the member entities 
                        (including water storage tanks, water lines, 
                        and other facilities for the member entities).
            (8) Water supply system.--The term ``water supply system'' 
        means the Lewis and Clark Rural Water System, Inc., a nonprofit 
        corporation established and operated substantially in 
        accordance with the feasibility study.

SEC. 103. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.

    (a) In General.--The Secretary shall make grants to the water 
supply system for the planning and construction of the water supply 
project.
    (b) Service Area.--The water supply system shall provide for the 
member entities safe and adequate municipal, rural, and industrial 
water supplies, mitigation of wetland areas, and water conservation 
in--
            (1) Lake County, McCook County, Minnehaha County, Turner 
        County, Lincoln County, Clay County, and Union County, in 
        southeastern South Dakota;
            (2) Rock County and Nobles County, in southwestern 
        Minnesota; and
            (3) Lyon County, Sioux County, Osceola County, O'Brien 
        County, Dickinson County, and Clay County, in northwestern 
        Iowa.
    (c) Amount of Grants.--Grants made available under subsection (a) 
to the water supply system shall not exceed the amount of funds 
authorized under section 108.
    (d) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for the construction of the water 
supply project until--
            (1) the requirements of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) are met; and
            (2) a final engineering report and a plan for a water 
        conservation program are prepared and submitted to the Congress 
        not less than 90 days before the commencement of construction 
        of the water supply project.

SEC. 104. MITIGATION OF FISH AND WILDLIFE LOSSES.

    Mitigation for fish and wildlife losses incurred as a result of the 
construction and operation of the water supply project shall be on an 
acre-for-acre basis, based on ecological equivalency, concurrent with 
project construction, as provided in the feasibility study.

SEC. 105. USE OF PICK-SLOAN POWER.

    (a) In General.--From power designated for future irrigation and 
drainage pumping for the Pick-Sloan Missouri Basin program, the Western 
Area Power Administration shall make available, at the firm power rate, 
the capacity and energy required to meet the pumping and incidental 
operational requirements of the water supply project during the period 
beginning on May 1 and ending on October 31 of each year.
    (b) Qualification To Use Pick-Sloan Power.--For operation during 
the period beginning May 1 and ending October 31 of each year, for as 
long as the water supply system operates on a not-for-profit basis, the 
portions of the water supply project constructed with assistance under 
this title shall be eligible to receive firm power from the Pick-Sloan 
Missouri Basin program established by section 9 of the Act of December 
22, 1944 (chapter 665; 58 Stat. 887), popularly known as the Flood 
Control Act of 1944.

SEC. 106. NO LIMITATION ON WATER PROJECTS IN STATES.

    This title does not limit the authorization for water projects in 
the States of South Dakota, Iowa, and Minnesota under law in effect on 
or after the date of the enactment of this Act.

SEC. 107. WATER RIGHTS.

    Nothing in this title--
            (1) invalidates or preempts State water law or an 
        interstate compact governing water;
            (2) alters the rights of any State to any appropriated 
        share of the waters of any body of surface or ground water, 
        whether determined by past or future interstate compacts or by 
        past or future legislative or final judicial allocations;
            (3) preempts or modifies any Federal or State law, or 
        interstate compact, governing water quality or disposal; or
            (4) confers on any non-Federal entity the ability to 
        exercise any Federal right to the waters of any stream or to 
        any ground water resource.

SEC. 108. COST SHARING.

    (a) Federal Cost Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall provide funds equal to 80 percent of--
                    (A) the amount allocated in the total project 
                construction budget for planning and construction of 
                the water supply project under section 103; and
                    (B) such amounts as are necessary to defray 
                increases in development costs reflected in appropriate 
                engineering cost indices after September 1, 1993.
            (2) Sioux falls.--The Secretary shall provide funds for the 
        City of Sioux Falls, South Dakota, in an amount equal to 50 
        percent of the incremental cost to the city of participation in 
        the project.
    (b) Non-Federal Cost Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        non-Federal share of the costs allocated to the water supply 
        system shall be 20 percent of the amounts described in 
        subsection (a)(1).
            (2) Sioux falls.--The non-Federal cost-share for the City 
        of Sioux Falls, South Dakota, shall be 50 percent of the 
        incremental cost to the city of participation in the project.

SEC. 109. BUREAU OF RECLAMATION.

    (a) Authorization.--At the request of the water supply system, the 
Secretary may allow the Commissioner of Reclamation to provide project 
construction oversight to the water supply project for the service area 
of the water supply system described in section 103(b).
    (b) Project Oversight Administration.--The amount of funds used by 
the Commissioner of Reclamation for oversight described in subsection 
(a) shall not exceed the amount that is equal to 1 percent of the 
amount provided in the total project construction budget for the entire 
project construction period.

SEC. 110. PROJECT OWNERSHIP AND RESPONSIBILITY.

    The water supply system shall retain title to all project 
facilities during and after construction, and shall be responsible for 
all operation, maintenance, repair, and rehabilitation costs of the 
project.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$213,887,700, to remain available until expended.

                   TITLE II--SLY PARK UNIT CONVEYANCE

SEC. 201. DEFINITIONS.

    For the purpose of this title, the term--
            (1) ``Secretary'' means the Secretary of the Interior;
            (2) ``Sly Park Unit'' means the Sly Park Dam and Reservoir, 
        Camp Creek Diversion Dam and Tunnel, and conduits and canals as 
        authorized under the American River Act of October 14, 1949 (63 
        Stat. 853), including those used to convey, treat, and store 
        water delivered from Sly Park, as well as all recreation 
        facilities thereto; and
            (3) ``District'' means the El Dorado Irrigation District.

SEC. 202. TRANSFER OF SLY PARK UNIT.

    (a) In General.--The Secretary shall, as soon as practicable after 
date of the enactment of this Act and in accordance with all applicable 
law, transfer all right, title, and interest in and to the Sly Park 
Unit to the District.
    (b) Sale Price.--The Secretary is authorized to receive from the 
District $2,000,000 to relieve payment obligations and extinguish the 
debt under contract number 14-06-200-949IR3, and $9,500,000 to relieve 
payment obligations and extinguish all debts associated with contracts 
numbered 14-06-200-7734, as amended by contracts numbered 14-06-200-
4282A and 14-06-200-8536A. Notwithstanding the preceding sentence, the 
District shall continue to make payments required by section 3407(c) of 
Public Law 102-575 through year 2029.
    (c) Credit Revenue to Project Repayment.--Upon payment authorized 
under subsection (b), the amount paid shall be credited toward 
repayment of capital costs of the Central Valley Project in an amount 
equal to the associated undiscounted obligation.

SEC. 203. FUTURE BENEFITS.

    Upon payment, the Sly Park Unit shall no longer be a Federal 
reclamation project or a unit of the Central Valley Project, and the 
District shall not be entitled to receive any further reclamation 
benefits.

SEC. 204. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Sly Park Unit under this title, the United States 
shall not be liable for damages of any kind arising out of any act, 
omission, or occurrence based on its prior ownership or operation of 
the conveyed property.

        TITLE III--TREATMENT OF PROJECT COSTS FOR SLY PARK UNIT

SEC. 301. TREATMENT OF PROJECT COSTS.

    To the extent costs associated with the Sly Park Unit are included 
as a reimbursable cost of the Central Valley Project, the Secretary is 
authorized to exclude such costs in excess of those repaid by the Sly 
Park Unit beneficiaries from the pooled reimbursable costs of the 
Central Valley Project until such time as the facility is operationally 
integrated into the water supply yield of the Central Valley Project.

          TITLE IV--CITY OF ROSEVILLE PUMPING PLANT FACILITIES

SEC. 401. CREDIT FOR INSTALLATION OF ADDITIONAL PUMPING PLANT 
              FACILITIES IN ACCORDANCE WITH AGREEMENT.

    (a) In General.--The Secretary of the Interior shall credit an 
amount up to $1,164,600, the precise amount to be determined by the 
Secretary through a cost allocation, to the unpaid capital obligation 
of the City of Roseville, California (in this section referred to as 
the ``City''), as such obligation is calculated in accordance with 
applicable Federal reclamation law and Central Valley Project rate 
setting policy, in recognition of future benefits to be accrued by the 
United States as a result of the City's purchase and funding of the 
installation of additional pumping plant facilities in accordance with 
a letter of agreement with the United States numbered 5-07-20-X0331 and 
dated January 26, 1995. The Secretary shall simultaneously add an 
equivalent amount of costs to the capital costs of the Central Valley 
Project, and such added costs shall be reimbursed in accordance with 
reclamation law and policy.
    (b) Effective Date.--The credit under subsection (a) shall take 
effect upon the date on which--
            (1) the City and the Secretary of the Interior have agreed 
        that the installation of the facilities referred to in 
        subsection (a) has been completed in accordance with the terms 
        and conditions of the letter of agreement referred to in 
        subsection (a); and
            (2) the Secretary of the Interior has issued a 
        determination that such facilities are fully operative as 
        intended.

            Passed the House of Representatives May 23, 2000.

            Attest:

                                                                 Clerk.