[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 244 Reported in Senate (RS)]





                                                       Calendar No. 242

106th CONGRESS

  1st Session

                                 S. 244

                          [Report No. 106-130]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                             July 30, 1999

                       Reported with an amendment





                                                       Calendar No. 242
106th CONGRESS
  1st Session
                                 S. 244

                          [Report No. 106-130]

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

 Mr. Johnson (for himself, Mr. Daschle, Mr. Grams, Mr. Wellstone, Mr. 
Grassley, and Mr. Harkin) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

                             July 30, 1999

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Lewis and Clark Rural Water 
System Act of 1999''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Environmental enhancement.--The term 
        ``environmental enhancement'' means the wetland and wildlife 
        enhancement activities that are carried out substantially in 
        accordance with the environmental enhancement component of the 
        feasibility study.</DELETED>
        <DELETED>    (2) Environmental enhancement component.--The term 
        ``environmental enhancement component'' means the component 
        described in the report entitled ``Wetlands and Wildlife 
        Enhancement for the Lewis and Clark Rural Water System'', dated 
        April 1991, that is included in the feasibility 
        study.</DELETED>
        <DELETED>    (3) 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.</DELETED>
        <DELETED>    (4) Member entity.--The term ``member entity'' 
        means a rural water system or municipality that signed a Letter 
        of Commitment to participate in the water supply 
        system.</DELETED>
        <DELETED>    (5) 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 system, as contained in the feasibility study.</DELETED>
        <DELETED>    (6) Pumping and incidental operational 
        requirements.--The term ``pumping and incidental operational 
        requirements'' means all power requirements that are incidental 
        to 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.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. FEDERAL ASSISTANCE FOR THE WATER SUPPLY 
              SYSTEM.</DELETED>

<DELETED>    (a) In General.--The Secretary shall make grants to the 
water supply system for the planning and construction of the water 
supply system.</DELETED>
<DELETED>    (b) Service Area.--The water supply system shall provide 
for safe and adequate municipal, rural, and industrial water supplies, 
environmental enhancement, mitigation of wetland areas, and water 
conservation in--</DELETED>
        <DELETED>    (1) Lake County, McCook County, Minnehaha County, 
        Turner County, Lincoln County, Clay County, and Union County, 
        in southeastern South Dakota;</DELETED>
        <DELETED>    (2) Rock County and Nobles County, in southwestern 
        Minnesota; and</DELETED>
        <DELETED>    (3) Lyon County, Sioux County, Osceola County, 
        O'Brien County, Dickinson County, and Clay County, in 
        northwestern Iowa.</DELETED>
<DELETED>    (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 10.</DELETED>
<DELETED>    (d) Limitation on Availability of Construction Funds.--The 
Secretary shall not obligate funds for the construction of the water 
supply system until--</DELETED>
        <DELETED>    (1) the requirements of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met;</DELETED>
        <DELETED>    (2) a final engineering report is prepared and 
        submitted to Congress not less than 90 days before the 
        commencement of construction of the water supply system; 
        and</DELETED>
        <DELETED>    (3) a water conservation program is developed and 
        implemented.</DELETED>

<DELETED>SEC. 4. FEDERAL ASSISTANCE FOR THE ENVIRONMENTAL ENHANCEMENT 
              COMPONENT.</DELETED>

<DELETED>    (a) Initial Development.--The Secretary shall make grants 
and other funds available to the water supply system and other private, 
State, and Federal entities, for the initial development of the 
environmental enhancement component.</DELETED>
<DELETED>    (b) Nonreimbursement.--Funds provided under subsection (a) 
shall be nonreimbursable and nonreturnable.</DELETED>

<DELETED>SEC. 5. WATER CONSERVATION PROGRAM.</DELETED>

<DELETED>    (a) In General.--The water supply system shall establish a 
water conservation program that ensures that users of water from the 
water supply system use the best practicable technology and management 
techniques to conserve water use.</DELETED>
<DELETED>    (b) Requirements.--The water conservation programs shall 
include--</DELETED>
        <DELETED>    (1) low consumption performance standards for all 
        newly installed plumbing fixtures;</DELETED>
        <DELETED>    (2) leak detection and repair programs;</DELETED>
        <DELETED>    (3) rate schedules that do not include declining 
        block rate schedules for municipal households and special water 
        users (as defined in the feasibility study);</DELETED>
        <DELETED>    (4) public education programs and technical 
        assistance to member entities; and</DELETED>
        <DELETED>    (5) coordinated operation among each rural water 
        system, and each water supply facility in existence on the date 
        of enactment of this Act, in the service area of the 
        system.</DELETED>
<DELETED>    (c) Review and Revision.--The programs described in 
subsection (b) shall contain provisions for periodic review and 
revision, in cooperation with the Secretary.</DELETED>

<DELETED>SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.</DELETED>

<DELETED>    Mitigation for 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.</DELETED>

<DELETED>SEC. 7. USE OF PICK-SLOAN POWER.</DELETED>

<DELETED>    (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 the 
capacity and energy required to meet the pumping and incidental 
operational requirements of the water supply system during the period 
beginning on May 1 and ending on October 31 of each year.</DELETED>
<DELETED>    (b) Conditions.--The capacity and energy described in 
subsection (a) shall be made available on the following 
conditions:</DELETED>
        <DELETED>    (1) The water supply system shall be operated on a 
        not-for-profit basis.</DELETED>
        <DELETED>    (2) The water supply system shall contract to 
        purchase the entire electric service requirements of the 
        system, including the capacity and energy made available under 
        subsection (a), from a qualified preference power supplier that 
        itself purchases power from the Western Area Power 
        Administration.</DELETED>
        <DELETED>    (3) The rate schedule applicable to the capacity 
        and energy made available under subsection (a) shall be the 
        firm power rate schedule of the Pick-Sloan Eastern Division of 
        the Western Area Power Administration in effect when the power 
        is delivered by the Administration.</DELETED>
        <DELETED>    (4) It is agreed by contract among--</DELETED>
                <DELETED>    (A) the Western Area Power 
                Administration;</DELETED>
                <DELETED>    (B) the power supplier with which the 
                water supply system contracts under paragraph 
                (2);</DELETED>
                <DELETED>    (C) the power supplier of the entity 
                described in subparagraph (B); and</DELETED>
                <DELETED>    (D) the water supply system;</DELETED>
        <DELETED>that in the case of the capacity and energy made 
        available under subsection (a), the benefit of the rate 
        schedule described in paragraph (3) shall be passed through to 
        the water supply system, except that the power supplier of the 
        water supply system shall not be precluded from including, in 
        the charges of the supplier to the water system for the 
        electric service, the other usual and customary charges of the 
        supplier.</DELETED>

<DELETED>SEC. 8. NO LIMITATION ON WATER PROJECTS IN STATES.</DELETED>

<DELETED>    This Act 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 enactment of this Act.</DELETED>

<DELETED>SEC. 9. WATER RIGHTS.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (1) invalidates or preempts State water law or an 
        interstate compact governing water;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) preempts or modifies any Federal or State law, 
        or interstate compact, governing water quality or disposal; 
        or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 10. COST SHARING.</DELETED>

<DELETED>    (a) Federal Cost Share.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), the Secretary shall provide funds equal to 80 percent of--
        </DELETED>
                <DELETED>    (A) the amount allocated in the total 
                project construction budget for planning and 
                construction of the water supply system under section 
                3;</DELETED>
                <DELETED>    (B) such amounts as are necessary to 
                defray increases in the budget for planning and 
                construction of the water supply system under section 
                3; and</DELETED>
                <DELETED>    (C) such amounts as are necessary to 
                defray increases in development costs reflected in 
                appropriate engineering cost indices after September 1, 
                1993.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Non-Federal Cost Share.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 11. BUREAU OF RECLAMATION.</DELETED>

<DELETED>    (a) Authorization.--The Secretary may allow the Director 
of the Bureau of Reclamation to provide project construction oversight 
to the water supply system and environmental enhancement component for 
the service area of the water supply system described in section 
3(b).</DELETED>
<DELETED>    (b) Project Oversight Administration.--The amount of funds 
used by the Director of the Bureau of Reclamation for planning and 
construction of the water supply system 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.</DELETED>

<DELETED>SEC. 12. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated to carry out this 
Act $226,320,000, of which not less than $8,487,000 shall be used for 
the initial development of the environmental enhancement component 
under section 4, to remain available until expended.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lewis and Clark Rural Water System 
Act of 1999''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Environmental enhancement.--The term ``environmental 
        enhancement'' means the wetland and wildlife enhancement 
        activities that are carried out substantially in accordance 
        with the environmental enhancement component of the feasibility 
        study.
            (2) Environmental enhancement component.--The term 
        ``environmental enhancement component'' means the proposals 
        described in the report entitled ``Wetlands and Wildlife 
        Enhancement for the Lewis and Clark Rural Water System'', dated 
        December 1994.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) 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.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) 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).
            (10) 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. 3. 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, environmental enhancement, 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 9.
    (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 Congress not 
        less than 90 days before the commencement of construction of 
        the water supply project.

SEC. 4. FEDERAL ASSISTANCE FOR THE ENVIRONMENTAL ENHANCEMENT COMPONENT.

    (a) Initial Development.--The Secretary shall make grants and other 
funds available to the water supply system and other private, State, 
and Federal entities, for the initial development of the environmental 
enhancement component.
    (b) Nonreimbursement.--Funds provided under subsection (a) shall be 
nonreimbursable and nonreturnable.

SEC. 5. 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. 6. USE OF PICK-SLOAN POWER.

    (a) In General.--From power designated for future irrigation and 
drainage pumping for the Pick-Sloan Missouri River Basin Program, the 
Western Area Power Administration shall make available the capacity and 
energy required to meet the pumping and incidental operational 
requirements of the water supply project during the period beginning 
May 1 and ending October 31 of each year.
    (b) Conditions.--The capacity and energy described in subsection 
(a) shall be made available on the following conditions:
            (1) The water supply system shall be operated on a not-for-
        profit basis.
            (2) The water supply system shall contract to purchase the 
        entire electric service requirements of the project, including 
        the capacity and energy made available under subsection (a), 
        from a qualified preference power supplier that itself 
        purchases power from the Western Area Power Administration.
            (3) The rate schedule applicable to the capacity and energy 
        made available under subsection (a) shall be the firm power 
        rate schedule of the Pick-Sloan Eastern Division of the Western 
        Area Power Administration in effect when the power is delivered 
        by the Administration to the qualified preference power 
        supplier.
            (4) It is agreed by contract among--
                    (A) the Western Area Power Administration;
                    (B) the power supplier with which the water supply 
                system contracts under paragraph (2);
                    (C) the power supplier of the entity described in 
                subparagraph (B); and
                    (D) the water supply system;
        that in the case of the capacity and energy made available 
        under subsection (a), the benefit of the rate schedule 
        described in paragraph (3) shall be passed through to the water 
        supply system, except that the power supplier of the water 
        supply system shall not be precluded from including, in the 
        charges of the supplier to the water system for the electric 
        service, the other usual and customary charges of the supplier.

SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATES.

    This Act 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 enactment of this Act.

SEC. 8. WATER RIGHTS.

    Nothing in this Act--
            (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. 9. 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 3; 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. 10. 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 and environmental 
enhancement component for the service area of the water supply system 
described in section 3(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.
    (c) Operation and Maintenance.--The water supply system shall be 
responsible for annual operation and maintenance of the project.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$223,987,700, to remain available until expended, of which not more 
than $10,100,000 shall be used for the initial development of the 
environmental enhancement component under section 4.