[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1085 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1085

  To provide for a Bureau of Reclamation program to assist states and 
    local communities in evaluating and developing rural and small 
        community water supply systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2003

  Mr. Bingaman (for himself, Mr. Baucus, Mr. Daschle, and Mr. Dorgan) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for a Bureau of Reclamation program to assist states and 
    local communities in evaluating and developing rural and small 
        community water supply systems, and for other purposes.

    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 ``Reclamation Rural and Small 
Community Water Enhancement Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Federal reclamation laws.--The term ``Federal 
        reclamation laws'' means the Reclamation Act and Acts 
        amendatory thereof and supplementary thereto;
            (2) Regional rural water supply system.--The term 
        ``regional rural water supply system'' means a water supply 
        system that serves multiple towns or communities in a rural 
        area (including Indian reservations) where such towns or 
        communities have a population not exceeding 40,000 persons.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. GENERAL AUTHORITY.

            (a) In General.--The Secretary, acting pursuant to the 
        Federal reclamation laws, is directed to undertake a program to 
        investigate and identify opportunities to ensure safe and 
        adequate regional rural water supply systems for municipal and 
        industrial use in small communities and rural areas through the 
        construction of new regional rural water supply systems and the 
        enhancement of existing rural water supply systems.
    (b) Exception.--
            (1) In conducting the investigations and studies authorized 
        by this Act, the Secretary may include a town or community with 
        a population in excess of 40,000 persons if, in the Secretary's 
        discretion, such town or community is considered to be a 
        critical partner in the proposed regional rural water supply 
        system.
            (2) In conducting a feasibility study of a regional rural 
        water supply system that includes a community with a population 
        in excess of 40,000 persons, the Secretary may consider a non-
        federal cost share in excess of the percentage set forth in 
        sections 6(a) and 6(b)(5).
    (c) Limitation.--Such program shall be limited to the States and 
areas referred to in section 1 of the Reclamation Act of 1902 (Act of 
June 17, 1902, 32 Stat. 388), as amended, and Indian reservation lands 
within the external boundaries of such States and areas.
    (d) Agreements.--The Secretary is authorized to enter into such 
agreements and promulgate such regulations as may be necessary to carry 
out the purposes and provisions of this Act.

SEC. 4. COORDINATION AND PLANNING.

    (a) Coordination.--
            (1) Consultation.--In undertaking this program, the 
        Secretary shall consult and coordinate with the Secretary of 
        Agriculture, the Administrator of the Environmental Protection 
        Agency, and the Director of the Indian Health Service, in order 
        to develop criteria to ensure that the program does not 
        duplicate, but instead complements, activities undertaken 
        pursuant to the authorities administered by such agency heads.
            (2) Report on authorities.--Within one year after the date 
        of enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Resources of the House of Representatives, a 
        report setting forth the results of the consultation required 
        in paragraph (1) and criteria developed pursuant to such 
        consultation.
    (b) Report and Action on Authorized Projects.--
            (1) Within one year after the date of enactment of this 
        Act, the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Resources 
        of the House of Representatives a report setting forth--
                    (A) the status of all rural water projects within 
                the jurisdiction of the Secretary authorized prior to 
                the date of enactment of this Act; and
                    (B) the Secretary's plan, including projected 
                financial and workforce requirements, for the 
                completion of the rural water projects within the time 
                frames set forth in the public laws authorizing the 
                projects or the final engineering reports submitted 
                pursuant thereto.
            (2) The Secretary shall take all necessary steps to 
        complete the projects within the time frames identified in 
        subsection (1)(B).

SEC. 5. APPRAISAL INVESTIGATIONS.

    (a) Appraisal Investigations.--Based on evidence of local interest 
and upon the request of a local sponsor, the Secretary may undertake 
appraisal investigations to identify opportunities for the construction 
of regional rural water supply systems and the enhancement of existing 
rural water supply systems for small communities and rural areas. Each 
such investigation shall include recommendations as to the preparation 
of a feasibility study of the potential system or system enhancement.
    (b) Considerations.--Appraisal investigations undertaken pursuant 
to this Act shall consider, among other things--
            (1) whether an established water supply exists for the 
        proposed regional rural water supply system;
            (2) the need for the regional rural water supply system or 
        for enhancements to an existing rural water system, including 
        but not limited to, alternative water supply opportunities and 
        projected demand for water supply;
            (3) environmental considerations relating to the regional 
        rural water supply system or rural water system enhancement;
            (4) public health and safety considerations relating to the 
        regional rural water supply system or rural water system 
        enhancement;
            (5) Indian trust responsibility considerations relating to 
        the regional rural water supply system or rural water system 
        enhancement; and
            (6) the availability of other Federal authorities or 
        programs to address the water supply needs identified.
    (c) Consultation and Cooperation.--The Secretary shall consult and 
cooperate with appropriate Federal, state, tribal, regional, and local 
authorities during the conduct of each appraisal investigation 
conducted pursuant to this Act.
    (d) Costs Nonreimbursable.--The costs of such appraisal 
investigations shall be nonreimbursable.
    (e) Public Availability.--The Secretary shall make available to the 
public, upon request, the results of each appraisal investigation 
undertaken pursuant to this Act, and shall promptly publish in the 
Federal Register a notice of the availability of those results.

SEC. 6. FEASIBILITY STUDIES.

    (a) Feasibility Studies.--The Secretary is authorized to 
participate with appropriate Federal, state, tribal, regional, and 
local authorities in studies to determine the feasibility of regional 
rural water supply systems and rural water supply system enhancements 
where an appraisal investigation so warrants. The Federal share of the 
costs of such feasibility studies shall not exceed 50 percent of the 
total, except that the Secretary may increase the Federal share of the 
costs of such feasibility study if the Secretary determines, based upon 
a demonstration of financial hardship, that the non-Federal participant 
is unable to contribute at least 50 percent of the costs of such study. 
The Secretary may accept as part of the non-Federal cost share the 
contribution of such in-kind services by the non-Federal participant 
that the Secretary determines will contribute substantially toward the 
conduct and completion of the study.
    (b) Considerations.--In addition to the requirements of other 
Federal laws, feasibility studies authorized under this Act shall 
consider, among other things--
            (1) whether an established water supply exists for the 
        proposed regional rural water supply system;
            (2) near- and long-term water demand and supplies in the 
        study area including any opportunities to treat and utilize 
        impaired water supplies through innovative and economically 
        viable treatment technologies;
            (3) public health and safety and environmental quality 
        issues related to the regional rural water supply system or 
        rural water system enhancement;
            (4) opportunities for water conservation in the study area 
        to reduce water use and water system costs;
            (5) the construction costs and projected operation and 
        maintenance costs of the proposed regional rural water supply 
        system and an assessment of participating communities' ability 
        to pay 20 percent to 50 percent of the construction costs and 
        the full share of the system operation and maintenance costs;
            (6) opportunities for mitigation of fish and wildlife 
        losses incurred as a result of the construction of the regional 
        rural water supply system or rural water system enhancement on 
        an acre-for-acre basis, based on ecological equivalency, 
        concurrent with system construction; and
            (7) the extent to which assistance for rural water supply 
        is available pursuant to other Federal authorities and the 
        likely effectiveness of efforts to coordinate assistance 
        provided by the Secretary with other available Federal programs 
        and assistance.
    (c) Use of Other Reports.--In conducting a feasibility study 
pursuant to this section, or an appraisal investigation under section 
5, the Secretary shall, to the maximum extent practicable, utilize, in 
whole or in part, any engineering or other relevant report submitted by 
a state, tribal, regional, or local authority associated with the 
proposed regional rural water supply system.
    (d) Public Availability.--The Secretary shall make available to the 
public, upon request, the results of each feasibility study undertaken 
pursuant to this Act, and shall promptly publish in the Federal 
Register a notice of the availability of those results.
    (e) Disclaimer.--Nothing contained in this section shall be 
interpreted as requiring a feasibility study or imposing any other new 
requirement for rural water projects or programs that are already 
authorized.

SEC. 7. AUTHORIZATION.

    There are hereby authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.
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