[Congressional Record Volume 145, Number 48 (Thursday, March 25, 1999)]
[Senate]
[Pages S3574-S3575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1999

  The Senate proceeded to consider the bill (S. 243) to authorize the 
construction of the Perkins County Rural Water System and authorize 
financial assistance to the Perkins County Rural Water System, Inc., a 
nonprofit corporation, in the planning and construction of the water 
supply system, and for other purposes.
  The amendment (No. 251) was agreed to, as follows:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

       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 
     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.

       (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 system 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 Corporation shall be operated on a not-for-profit 
     basis.
       (2) The Corporation may contract to purchase its entire 
     electric service requirements for the water supply 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.
       (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.
       (4) It shall be agreed by contract among--
       (A) the Western Area Power Administration;
       (B) the power supplier with which the Corporation contracts 
     under paragraph (2);
       (C) the power supplier of the entity described in 
     subparagraph (B); and
       (D) the Corporation;
     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 
     Corporation, except that the power supplier of the 
     Corporation 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. 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.

[[Page S3575]]

     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 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.
  The bill (S. 243) was ordered to be engrossed for a third reading, 
read the third time, and passed, as follows:

                                 S. 243

       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.

       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 
     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.

       (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 system 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 Corporation shall be operated on a not-for-profit 
     basis.
       (2) The Corporation may contract to purchase its entire 
     electric service requirements for the water supply 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.
       (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.
       (4) It shall be agreed by contract among--
       (A) the Western Area Power Administration;
       (B) the power supplier with which the Corporation contracts 
     under paragraph (2);
       (C) the power supplier of the entity described in 
     subparagraph (B); and
       (D) the Corporation;

     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 
     Corporation, except that the power supplier of the 
     Corporation 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. 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 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.

                          ____________________