[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 970 Engrossed in House (EH)]


  1st Session

                               H. R. 970

_______________________________________________________________________

                                 AN ACT

To authorize the Secretary of the Interior to provide assistance to the 
Perkins County Rural Water System, Inc., for the construction of water 
           supply facilities in Perkins County, South Dakota.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                H. R. 970

_______________________________________________________________________

                                 AN ACT


 
To authorize the Secretary of the Interior to provide assistance to the 
Perkins County Rural Water System, Inc., for the construction of water 
           supply facilities in Perkins County, South Dakota.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Perkins County Rural Water System 
Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) in 1977, the North Dakota State Legislature authorized 
        and directed the State Water Commission to conduct the 
        Southwest Area Water Supply Study, which included water service 
        to a portion of Perkins County, South Dakota;
            (2) amendments made by the Garrison Diversion Unit 
        Reformulation Act of 1986 (Public Law 101-294) authorized the 
        Southwest Pipeline project as an eligible project for Federal 
        cost share participation; and
            (3) the Perkins County Rural Water System has continued to 
        be recognized by the State of North Dakota, the Southwest Water 
        Authority, the North Dakota Water Commission, the Department of 
        the Interior, and Congress as a component of the Southwest 
        Pipeline Project.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Corporation.--The term ``Corporation'' means the 
        Perkins County Rural Water System, Inc., a nonprofit 
        corporation established and operated under the laws of the 
        State of South Dakota substantially in accordance with the 
        feasibility study.
            (2) Feasibility study.--The term ``feasibility study'' 
        means the study entitled ``Feasibility Study for Rural Water 
        System for Perkins County Rural Water System, Inc.'', as 
        amended in March 1995.
            (3) Project construction budget.--The term ``project 
        construction budget'' means the description of the total amount 
        of funds that are needed for the construction of the water 
        supply system, as described in the feasibility study.
            (4) Pumping and incidental operational requirements.--The 
        term ``pumping and incidental operational requirements'' means 
        all power requirements that are incidental to the operation of 
        the water supply system by the Corporation.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of the Bureau 
        of Reclamation.
            (6) Water supply system.--The term ``water supply system'' 
        means intake facilities, pumping stations, water treatment 
        facilities, cooling facilities, reservoirs, and pipelines 
        operated by the Perkins County Rural Water System, Inc., to the 
        point of delivery of water to each entity that distributes 
        water at retail to individual users.

SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

    (a) In General.--The Secretary shall make grants to the Corporation 
for the Federal share of the costs of--
            (1) the planning and construction of the water supply 
        system; and
            (2) repairs to existing public water distribution systems 
        to ensure conservation of the resources and to make the systems 
        functional under the new water supply system.
    (b) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for the construction of the water 
supply 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 water supply system; and
            (2) a final engineering report and a plan for a water 
        conservation program have been prepared and submitted to 
        Congress for a period of not less than 90 days before the 
        commencement of construction of the system.

SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.

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

SEC. 6. USE OF PICK-SLOAN POWER.

    For operation during the period beginning May 1 and ending October 
31 of each year, portions of the water supply system constructed with 
assistance under this Act shall be eligible to utilize 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. 7. FEDERAL SHARE.

    The Federal share under section 4 shall be 75 percent of--
            (1) the amount allocated in the total project construction 
        budget for the planning and construction of the water supply 
        system under section 4; and
            (2) such sums as are necessary to defray increases in 
        development costs reflected in appropriate engineering cost 
        indices after March 1, 1995.

SEC. 8. NON-FEDERAL SHARE.

    The non-Federal share under section 4 shall be 25 percent of--
            (1) the amount allocated in the total project construction 
        budget for the planning and construction of the water supply 
        system under section 4; and
            (2) such sums as are necessary to defray increases in 
        development costs reflected in appropriate engineering cost 
        indices after March 1, 1995.

SEC. 9. CONSTRUCTION OVERSIGHT.

    (a) Authorization.--At the request of the Corporation, the 
Secretary may provide to the Corporation assistance in overseeing 
matters relating to construction of the water supply system.
    (b) Project Oversight Administration.--The amount of funds used by 
the Secretary for planning and construction of the water supply system 
may not exceed an amount equal to 3 percent of the amount provided in 
the total project construction budget for the portion of the project to 
be constructed in Perkins County, South Dakota.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary--
            (1) $15,000,000 for the planning and construction of the 
        water supply system under section 4; and
            (2) such sums as are necessary to defray increases in 
        development costs reflected in appropriate engineering cost 
        indices after March 1, 1995.

            Passed the House of Representatives October 26, 1999.

            Attest:

                                                                 Clerk.