[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9785 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9785
To direct the Secretary of the Interior to conduct studies to determine
the feasibility of constructing projects to supply municipal, rural,
and industrial water in certain parts of the Missouri River basin, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2026
Mr. Johnson of South Dakota introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to conduct studies to determine
the feasibility of constructing projects to supply municipal, rural,
and industrial water in certain parts of the Missouri River basin, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``South Dakota Water
Feasibility Studies Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY STUDY
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Western South Dakota water supply project feasibility study.
TITLE II--LEWIS AND CLARK REGIONAL WATER SYSTEM EXPANSION FEASIBILITY
STUDY
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Lewis and Clark Regional Water System expansion feasibility
study.
TITLE III--DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY STUDY
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Dakota Mainstem water supply project feasibility study.
TITLE I--WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY STUDY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Western South Dakota Water Supply
Project Feasibility Study Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Non-federal project entity.--The term ``non-Federal
project entity'' means the Western Dakota Regional Water
System, Inc., a nonprofit corporation.
(2) Proposed rural water supply project.--The term
``proposed rural water supply project'' means the proposed
project to supply municipal, rural, and industrial water from
the Missouri River to the Western Dakota Regional Water System.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY STUDY.
(a) Study.--
(1) In general.--The Secretary, in coordination with the
non-Federal project entity, shall carry out a study to
determine the feasibility of the proposed rural water supply
project.
(2) Feasibility report.--After completion of the
feasibility study for the proposed rural water supply project
under paragraph (1), the Secretary shall--
(A) develop a feasibility report that includes a
recommendation of the Secretary on--
(i) whether the proposed rural water supply
project should be authorized for construction;
and
(ii) the appropriate non-Federal share of
construction costs, which shall be--
(I) at least 25 percent of the
total construction costs; and
(II) determined based on an
analysis of the financial capability-
to-pay the allocated construction and
operations, maintenance, and
replacement costs of the recommended
plan;
(B) submit the report under subparagraph (A) to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives; and
(C) make the report under subparagraph (A) publicly
available, along with associated feasibility study
documents.
(3) Consultation and cooperation.--In addition to the non-
Federal project entity, the Secretary shall consult and
cooperate with appropriate Federal, State, Tribal, regional,
and local authorities during the conduct of the feasibility
study and development of the feasibility report under this
subsection.
(b) Cost-Sharing Agreement for Feasibility Study Costs.--The
Secretary shall enter into a cost-sharing agreement (or an appropriate
financial assistance agreement, as determined by the Secretary) with
the non-Federal project entity to conduct a study under subsection (a)
that complies with the reclamation feasibility standards.
(c) Federal Share of Feasibility Study Costs.--The Federal share of
the total costs of carrying out the feasibility study under subsection
(a) shall not exceed 50 percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000.
(e) Termination of Authority.--The authority provided by this
section expires on the date that is 10 years after the date of
enactment of this Act.
TITLE II--LEWIS AND CLARK REGIONAL WATER SYSTEM EXPANSION FEASIBILITY
STUDY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Lewis and Clark Regional Water
System Expansion Feasibility Study Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Non-federal project entity.--The term ``non-Federal
project entity'' means--
(A) the Lewis and Clark Regional Water System,
Inc.; and
(B) any nonprofit successor entity to the
corporation described in subparagraph (A).
(2) Proposed rural water supply project.--The term
``proposed rural water supply project'' means the proposed
project to supply municipal, rural, and industrial water to
expand the capacity and reach of the Lewis and Clark Regional
Water System in the States of Iowa, Minnesota, and South
Dakota.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 203. LEWIS AND CLARK REGIONAL WATER SYSTEM EXPANSION FEASIBILITY
STUDY.
(a) Study.--
(1) In general.--The Secretary, in coordination with the
non-Federal project entity, shall carry out a study to
determine the feasibility of the proposed rural water supply
project.
(2) Feasibility report.--After completion of the
feasibility study for the proposed rural water supply project
under paragraph (1), the Secretary shall--
(A) develop a feasibility report that includes a
recommendation of the Secretary on--
(i) whether the proposed rural water supply
project should be authorized for construction;
and
(ii) the appropriate non-Federal share of
construction costs, which shall be--
(I) at least 25 percent of the
total construction costs; and
(II) determined based on an
analysis of the financial capability-
to-pay the allocated construction and
operations, maintenance, and
replacement costs of the recommended
plan;
(B) submit the report under subparagraph (A) to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives; and
(C) make the report under subparagraph (A) publicly
available, along with associated feasibility study
documents.
(3) Consultation and cooperation.--In addition to the non-
Federal project entity, the Secretary shall consult and
cooperate with appropriate Federal, State, Tribal, regional,
and local authorities during the conduct of the feasibility
study and development of the feasibility report under this
subsection.
(b) Cost-Sharing Agreement for Feasibility Study Costs.--The
Secretary shall enter into a cost-sharing agreement (or an appropriate
financial assistance agreement, as determined by the Secretary) with
the non-Federal project entity to conduct a study under subsection (a)
that complies with the reclamation feasibility standards.
(c) Federal Share of Feasibility Study Costs.--The Federal share of
the total costs of carrying out the feasibility study under subsection
(a) shall not exceed 50 percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000.
(e) Termination of Authority.--The authority provided by this
section expires on the date that is 10 years after the date of
enactment of this Act.
TITLE III--DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY STUDY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Dakota Mainstem Water Supply
Project Feasibility Study Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Dakota mainstem regional water system.--The term
``Dakota Mainstem Regional Water System'' means the Dakota
Mainstem Regional Water System, Inc., a nonprofit corporation
established and operated substantially in accordance with the
reclamation feasibility standards to serve as a non-Federal
project entity for purposes of the cooperative agreement
entered into under section 303(a)(1).
(2) Reclamation feasibility standards.--The term
``reclamation feasibility standards'' means the eligibility
criteria and feasibility study requirements described in part
404 of title 43, Code of Federal Regulations (or successor
regulations).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 303. DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY STUDY.
(a) Study.--
(1) In general.--The Secretary, in consultation with the
Dakota Mainstem Regional Water System, through a cooperative
agreement, may undertake a study to determine the feasibility
of constructing a project to supply municipal, rural, and
industrial water to the Dakota Mainstem Regional Water System
service area in the States of South Dakota, Iowa, Nebraska, and
Minnesota.
(2) Requirement.--The study under paragraph (1) shall
comply with the reclamation feasibility standards.
(b) Federal Share.--The Federal share of the total costs of
carrying out the feasibility study under this section shall not exceed
50 percent.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000.
(d) Termination of Authority.--The authority provided by this
section expires on the date that is 10 years after the date of
enactment of this Act.
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